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.

 

WHITFIELD, Ernest (B/M)

DC #   764970

DOB: 04/09/67

 

Twelfth Judicial Circuit, Sarasota County, Case #95-1588, 95-1951

Sentencing Judge: The Honorable Harry Rapkin

Trial Attorney: Charles Williams - Assistant Public Defender

Attorney, Direct Appeal: Douglas S. Connor - Assistant Public Defender

Attorney, Collateral Appeal: Peter Cannon & Daphney Gaylord – CCRC-M

 

Date of Offense: 06/19/95

Date of Sentence: 10/20/95

 

Circumstances of Offense:

 

Ernest Whitfield was convicted and sentenced to death for the 06/19/95 murder of Claretha Reynolds.

 

In June of 1995, Ernest Whitfield visited the home of Claretha Reynolds.  While there, he asked Reynolds, Willie Mae Brooks (who lived with Reynolds) and Estella Pierre for money.  Estella Pierre was Whitfield’s former girlfriend.  When all three women refused, Whitfield attempted to grab Pierre’s purse.  Reynolds put Whitfield into a headlock and proceeded to throw him out of her house.  Before leaving, Whitfield exclaimed, “I am going to kill all three of you bitches.”

 

In the early morning of 06/19/95, Whitfield tried to get Brooks to let him into Reynold’s home.  Brooks turned him away and went back to sleep in the room she shared with her one-year-old child.  Whitfield then broke into Reynolds’ home armed with a large knife.  Whitfield proceeded into the bedroom where Brooks and her child lay sleeping.  He raped Brooks and motioned that he would stab her if she made any noise.  Whitfield left Brooks and went into the bedroom where Reynolds and her five children were sleeping.  A few moments later, Reynolds staggered into Brook’s room, asking her to lock her door.  Whitfield had stabbed Reynolds numerous times and she told Brooks that she was dying.  Brooks and one of Reynolds’ daughters escaped through the bedroom window and ran to a neighbor’s house to call for help.

 

Whitfield fled the scene and Reynolds died soon after the police arrived.  After his arrest, Whitfield confessed to stabbing Reynolds and showed authorities to the murder weapon.  Whitfield also admitted to being high on crack cocaine at the time of the crime.

 

 

Prior Incarceration History in the State of Florida:

 

 

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

11/5/89

BURGUNOCCSTRUC/CV OR ATT.

2/6/90

SARASOTA

8903621

1Y 0M 1D

1/11/91

AGG BATTERY INTENDED HARM

9/26/91

SARASOTA

9100170

3Y 0M 0D

9/30/92

AGG BATTERY INTENDED HARM

7/6/93

SARASOTA

9202689

1Y 6M 0D

 

 

Trial Summary:

 

07/07/95          The defendant was indicted on the following charges:

                                    Count I:           First-Degree Murder

                                    Count II:         Armed Burglary

                                    Count III:        Sexual Battery w/Deadly Weapon

09/28/95          The defendant was found guilty on all counts charged in the indictment.

09/28/95          Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the

imposition of the death penalty.

10/20/95          The defendant was sentenced as followed:

                                    Count I:           First-Degree Murder - Death

                                    Count II:         Armed Burglary - Life

                                    Count III:        Sexual Battery w/Deadly Weapon - Life

 

Appeal Summary:

 

Florida Supreme Court - Direct Appeal

FSC# 86,775

706 So. 2d 1 (Fla. 1997)

 

11/02/95          Appeal filed.

09/11/97          FSC affirmed convictions and sentence of death.

11/20/97          Rehearing denied.

03/23/98          Mandate issued.

 

United States Supreme Court - Petition for Writ of Certiorari

USSC# 97-9201

525 U.S. 840 (U.S.1998)

 

05/20/98          Petition filed.

10/05/98          Petition denied.

 

State Circuit Court - 3.850 Motion

CC# 95-1588

 

11/09/98          Motion filed.

05/06/02          Amended Motion filed.

03/17/04          Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC# 04-651

923 So.2d 375

 

04/15/04          Appeal filed.

11/03/05          FSC affirmed the denial of Whitfield’s 3.850 Motion.

02/17/06          Rehearing denied.

03/06/06          Mandate issued.

 

United States District Court, Middle District – Habeas Petition

USDC# 07-1823

 

10/05/07          Petition filed.

01/17/08          State’s Motion to Dismiss Petition filed.

09/18/08          Evidentiary Hearing held.

09/24/08          Petition dismissed.

 

United States Court of Appeals, 11th Circuit – Habeas Petition Appeal

USCA# 08-16162

 

11/10/08          Appeal filed.

03/11/09          Certificate of Appealability denied.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 09-5776

130 S.Ct. 3451

 

07/22/09          Petition filed

06/21/10          Petition granted, judgment vacated and case remanded

 

United States Court of Appeals, 11th Circuit – Habeas Petition Appeal

USCA# 08-16162

 

08/10/10          Case remanded to USDC for fact finding and further proceedings

 

United States District Court, Middle District – Habeas Petition

USDC# 07-1823

(pending)

 

 

Factors Contributing to the Delay in the Imposition of the Sentence:

 

The delay in this case is Whitfield’s 3.850 Motion, which was pending in the State Circuit Court for over five years. 

 

Case Information:

 

On 11/02/95, Whitfield filed a Direct Appeal in the Florida Supreme Court.  In that appeal, he argued that the trial court erred in removing him from the courtroom during jury selection.  The Florida Supreme Court noted that Whitfield asked to be removed from the courtroom.  Despite Whitfield’s counsel’s request to send him back to his cell because his behavior was instilling prejudice in his case, the trial judge made extraordinary efforts to convince Whitfield to stay.  The Florida Supreme Court found that the trial judge did not abuse his discretion on the issue.  Whitfield also contended that the trial court erred in admitting testimony regarding the incident where Whitfield attempted to snatch Pierre’s purse and that the prosecutor introduced irrelevant evidence during the penalty phase.  Whitfield additionally argued the consideration and application of aggravating and mitigating circumstances.  The Florida Supreme Court affirmed the convictions and sentence of death on 09/11/97.

 

Whitfield next filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 10/05/98.

 

Whitfield filed a 3.850 Motion in the State Circuit Court on 11/09/98.  Whitfield raised 21 claims in the motion all of which the court denied relief.  The motion was denied on 03/17/04. 

 

Whitfield then filed an appeal of the 3.850 Motion decision in the Florida Supreme Court.  Whitefield raised six claims in his appeal, five of which related to ineffective assistance of counsel.  Whitfield argued that his trial defense counsel failed to do the following: adequately present the voluntary intoxication defense to first-degree murder, provide a speedy trial, call additional witnesses to corroborate his background information, request jury instruction, and object to the prosecutor’s presentation of nonstatutory aggravators.  Whitfield’s final claim was that his rights were violated under Ake v. Oklahoma, 470 U.S. 68 (1985), by failing to obtain an adequate mental health examination.  On 11/03/05, the Florida Supreme Court denied all of Whitfield’s claims and affirmed the Circuit Court’s denial of postconviction relief.

 

On 10/05/07, Whitfield filed a Habeas Petition in the United States District Court, Middle District.  On 01/17/08, the State filed a Motion to Dismiss.  An Evidentiary Hearing was held on 09/18/08 and the State’s Motion to Dismiss was granted.

 

On 11/10/08, Whitfield filed a Habeas Petition Appeal in the United States Court of Appeals, 11th Circuit.  On 03/11/09, the United States Court of Appeals, 11th Circuit, denied the certificate of appealability.  On 08/10/10, the United States Court of Appeals, 11th Circuit, issued a mandate.

 

Whitfield filed a Petition for Writ of Certiorari in the United States Supreme Court on 7/22/09.  On 6/21/10, the petition was granted, judgment vacated and the case remanded for further consideration in light of Holland v. Florida.

 

On 08/10/10, the United States Court of Appeals, 11th Circuit, remanded the case to the United States District Court, Middle District, for fact finding and further proceedings.

 

The case is currently pending in the United States District Court, Middle District.

 

Institutional Adjustment:

 

 

DATE

DAYS

VIOLATION

LOCATION

09/10/96

30

SPOKEN THREATS

FLORIDA STATE PRISON

10/03/97

0

DISRESP.TO OFFICIALS

UNION C. I.

05/05/98

0

DISOBEYING ORDER

UNION C. I.

07/22/98

0

DISOBEYING ORDER

UNION C. I.

10/20/98

0

SPOKEN THREATS

UNION C. I.

08/04/99

0

DISRESP.TO OFFICIALS

UNION C. I.

12/08/99

0

DISORDERLY CONDUCT

UNION C. I.

04/15/00

0

VISITING VIOLATIONS

UNION C. I.

03/28/01

0

FIGHTING

UNION C. I.

04/26/01

0

DISRESP.TO OFFICIALS

UNION C. I.

08/10/01

60

LYING TO STAFF

UNION C. I.

04/12/02

90

SEX ACTS

UNION C. I.

02/01/04

60

DISRESP.TO OFFICIALS

UNION C. I.

02/01/04

90

SPOKEN THREATS

UNION C.I.

02/01/04

60

LYING TO STAFF

UNION C.I.

02/01/04

30

FAILURE TO COMPLY

UNION C.I.

02/06/04

60

DISOBEYING ORDER

UNION C.I.

06/10/04

60

DISOBEYING ORDER

UNION C.I.

06/16/04

30

SPOKEN THREATS

UNION C.I.

01/30/05

60

DISORDERLY CONDUCT

UNION C.I.

 

____________________________________________________________________

 

Reported         03/16/03          EW

Approved        03/24/03          WS

Updated          11/17/10          MJH