The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied on for statistical or legal purposes.
BRYANT, Byron (B/M)
DC #662131
DOB: 02/20/67
Fifteenth Judicial Circuit, Palm Beach County, Case #92-791
Sentencing Judge, Trial I: The Honorable Marvin U. Mounts, Jr.
Sentencing Judge, Trial II: The Honorable Marvin U. Mounts, Jr.
Attorneys, Trial I: Richard Springer & Anthony Natale – Private
Attorneys, Trial II: Michael Dubiner & Greg Lerman – Private
Attorney, Direct Appeal I: Charles Musgrove – Private
Attorneys, Direct Appeal II: Michael Dubiner & Mark Wilensky – Private
Attorney, Collateral Appeals: Leor Veleanu – CCRC-S
Date of Offense: 12/16/91
Date of Sentence I: 04/21/93
Date of Sentence II: 02/05/99
Circumstances of Offense:
Byron Bryant was convicted and sentenced to death for the 12/16/91 murder of Leonard Andre.
On the evening of 12/16/91, two unidentified men entered Andre’s Market in Delray Beach. Leonard Andre was in the back of the store preparing the day’s receipts, while his wife tended to the front of the store. As the men entered the store, one headed to the back in an apparent search for the restroom, while the other man remained out front. The man in the front of the store, at gunpoint, demanded money from Mrs. Andre. As she gave him the money, she heard the sound several gunshots radiate from the back of the store. After the two men fled, Mrs. Andre ran to the back of the store where she found her husband lying in a pool of blood. He had been shot three times at close range.
Neither Mrs. Andre nor her brother, who witnessed the incident from across the street, could give a detailed description of the assailants or identify Bryant out of a photo lineup. There was no physical evidence linking him to the robbery or murder. Bryant’s involvement was only suspected after several of his acquaintances tipped off police.
Upon arrest, Bryant confessed to murdering Andre during the attempted robbery. During his trial, however, Bryant denied any involvement and insisted that his previous statement was the product of police coercion.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Sentence |
|
12/13/1991 |
ROBBERY W/FIREARM OR D/WEAPON |
12/4/1992 |
PALM BEACH |
9202538 |
SENTENCED TO LIFE |
|
12/13/1991 |
AGG ASSLT-INTENT COMMIT FELONY |
12/4/1992 |
PALM BEACH |
9202538 |
30Y 0M 0D |
NOTE: Bryant was indicted on the above-referenced charges after his arrest for the murder of Leonard Andre.
Trial Summary:
02/06/92 The defendant was indicted on the following:
Count I: First-Degree Murder
Count II: Robbery with a Firearm
03/15/93 The jury found the defendant guilty on both counts charged in the indictment.
03/15/93 Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the imposition of the death penalty.
04/21/93 The defendant was sentenced as followed:
Count I: First-Degree Murder – Death
Count II: Robbery with a Firearm – Life
04/19/95 The Florida Supreme Court vacated Bryant’s convictions and sentence of death. The Florida Supreme Court remanded the case for a new trial, finding that it was reversible error for the trial judge to be absent from the courtroom during a readback of testimony.
02/13/98 At retrial, the defendant was found guilty as charged.
02/05/99 The defendant was resentenced as followed:
Count I: First-Degree Murder – Death
Count II: Robbery with a Firearm – Life
NOTE: During retrial, Bryant waived his right to a jury for an advisory sentencing recommendation.
Appeal Summary:
FSC #81,862
656 So. 2d 426
06/01/93 Appeal filed.
04/13/95 The Florida Supreme Court vacated Bryant’s convictions and sentence of death. The Florida Supreme Court remanded the case for a new trial, finding that it was reversible error for the trial judge to be absent from the courtroom during a readback of testimony.
06/19/95 Rehearing denied.
07/20/95 Mandate issued.
Florida Supreme Court - Direct Appeal II
FSC #94,902
785 So. 2d 422
02/18/99 Appeal filed.
04/05/01 The Florida Supreme Court affirmed the convictions and sentence of death.
04/19/01 Rehearing denied.
06/11/01 Mandate issued.
USSC #01-6206
534 U.S. 1025
09/13/01 Petition filed.
11/13/01 Petition denied.
CC #92-791
11/20/02 Motion filed.
03/04/03 Amended Motion filed.
08/11/03 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #SC03-1618
901 So.2d 810
09/08/03 Appeal filed.
04/28/05 FSC affirmed denial of Motion.
05/19/05 Mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #SC04-83
901 So.2d 810
01/20/04 Petition filed.
04/28/05 FSC denied Petition.
05/19/05 Mandate issued.
United States District Court, Southern District – Petition for Writ of Habeas Corpus
USDC #05-80562
(Pending)
06/20/05 Petition filed.
CC #92-791
09/13/07 Successive motion filed.
02/26/08 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #08-658
04/04/08 Appeal filed.
02/11/09 Appeal denied.
Factors Contributing to the Delay in the Imposition of the Sentence:
Bryant’s case was delayed when the Florida Supreme Court vacated his convictions and sentence of death on 04/13/95. The Florida Supreme Court remanded his case for a new trial, noting that it was reversible error for the trial judge to be absent from the courtroom during a readback of testimony. Since the retrial, there have been no significant delays in Bryant’s case.
Case Information:
On 06/01/93, Byron Bryant filed a Direct Appeal in the Florida Supreme Court. In that appeal, Bryant noted that the trial court erred in refusing to excuse six jurors for cause, thus requiring the defense to use its peremptory challenges to remove them. In examining this issue, the Florida Supreme Court found that the trial court did not abuse its discretion by refusing to excuse five of the six jurors. The trial court did err in denying Bryant’s challenge for cause with regard to potential juror Pekkola; however, the Florida Supreme Court found this error to be harmless. Bryant also argued that the trial judge committed “fundamental error by leaving the courtroom during a readback of testimony without an informed waiver of the judge’s presence by the defendant.” The Florida Supreme Court agreed, finding “the trial court’s absence during the readback of testimony without a valid waiver constitutes reversible error.” As such, the Florida Supreme Court vacated Bryant’s convictions and sentence of death and remanded the case for a new trial.
Bryant was again sentenced to death on 02/05/99 and subsequently filed another Direct Appeal in the Florida Supreme Court on 02/18/99. In that appeal, Bryant argued that the trial court erred in finding him competent to stand trial and in requiring him to wear restraints while being tried. The Florida Supreme Court noted that it was an error to require Bryant to wear restraints without holding a hearing to determine the if the restraints were warranted; however, due to Bryant’s history of violent courtroom behavior, the high court deemed the error to be harmless. Bryant also contended that the trial court failed to adequately evaluate several nonstatutory mitigating factors. The Florida Supreme Court affirmed his convictions and sentence of death on 04/05/01.
Bryant next filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 11/13/01.
Bryant filed a 3.850 Motion in the State Circuit Court on 11/20/02. The State filed a Motion to Strike the 3.850, which was granted on 12/19/02. As such, Bryant filed an amended motion on 03/04/03 that was denied on 08/11/03.
Bryant filed an appeal of that decision in the Florida Supreme Court on 09/08/03, citing ineffective assistance of counsel and Ring and Apprendi claims. On 04/28/05, the Florida Supreme Court affirmed the denial of the Motion.
Bryant also filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 01/20/04, citing ineffective assistance of counsel. On 04/28/05, the Florida Supreme Court denied the Petition.
Bryant filed an All Writs Petition in the Florida Supreme Court on 12/14/06, which was denied on 09/10/07.
On 09/13/07, Bryant filed a Successive 3.851 Motion in the State Circuit Court. This motion was denied on 02/26/08.
On 04/04/08, Bryant filed a 3.850 Motion Appeal in the Florida Supreme Court. This motion was denied on 02/11/09.
On 09/19/09, Bryant died of natural causes.
Institutional Adjustment: BYRON BRYANT DC #662131
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
12/09/99 180 UNAUTH USE OF DRUGS FSP
04/05/01 0 MISUSE OF STATE PROP UNION C. I.
01/28/02 30 POSS OF NEGOTIABLES UNION C. I.
08/12/03 60 DISOBEYING ORDER UNION C.I.
04/21/03 – ew
04/23/03 – approved – ws
09/22/09 – updated – kkr