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 upon for statistical or legal purposes.
EVERETT, Paul (W/M)
DC# Q13157
DOB: 02/11/79
Fourteenth Judicial Circuit, Bay County Case # 01-2956
Sentencing Judge: The Honorable Don T. Sirmons
Attorney, Trial: Walter B. Smith – Assistant Public Defender
Attorney, Direct Appeal: David Davis – Assistant Public Defender
Attorney, Collateral Appeals: Charles Lykes – Registry
Date of Offense: 11/02/01
Date of Sentence: 01/09/03
Circumstances of Offense:
Paul Everett lived in Alabama, but came to Panama City Beach, Florida, during the week of 11/02/01. He stayed at a motel, played video games at one of the arcades, and used drugs. Around dusk on 11/02/01, Everett “ate some acid [LSD] and started tripping” and went looking for money. Everett walked into the apartment of Kelli Bailey, saw her purse, and began rummaging through it. Everett found $70, but was confronted by Bailey. Everett’s recollection of the events was incomplete, but he remembered hitting her twice, grabbing her by the hair, and sexually assaulting her.
The medical examiner testified that Bailey died from suffocation, caused from a broken vertebra that caused her diaphragm muscles not to function. The vertebra was broken when Everett grabbed Bailey by the hair. Specifically, injuries to Ms. Bailey resulting from the attack included a fractured nose; somewhat swollen eyelids; abrasions to the bottom of her chin; lacerations and bruising to various areas of her lip; a laceration to the top of the lip from which her front teeth protruded; bruising to the tongue; a knocked out tooth; abrasions and carpet burns to her thumb, elbows, and middle of her back; and abrasions to her vagina.
At the time of the murder, Everett was on bond pending the resolution of an appeal he had filed with an appellate court in Alabama (see Additional Information section). His trip to Florida violated the conditions of the bond, and, on the day of the murder, he was seized and placed in the Baldwin County, Alabama jail. A month after the murder, Everett confessed to breaking into Bailey’s house, fighting with her, and sexually assaulting her.
Additional Information:
Everett was under a sentence of imprisonment at the time of the murder. In Alabama, on 09/08/99, Everett was convicted on one count of Second–Degree Possession of a Forged Instrument. Everett was given a suspended sentence of 10 years and probation for 3 years. On 02/08/00, Everett’s probation was revoked, and he was sentenced to 10 years in prison. Everett appealed the decision and was freed on bond, pending the appeal. On 10/05/01, Everett’s appeal was denied, and he was to begin his prison sentence 15 days after the appellate decision.
Trial Summary:
01/28/02 Indicted as follows:
Count I: First-Degree Murder
Count II: Burglary with Assault
Count III: Sexual Battery
11/21/02 Jury returned guilty verdicts on all counts of the indictment
11/22/02 Jury recommended death by a vote of 12-0
01/09/03 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Burglary with Assault – Life Imprisonment
Count III: Sexual Battery – Life Imprisonment
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 03-73
893 So. 2d 1278
01/15/03 Appeal filed
11/24/04 FSC affirmed convictions and sentences
01/24/05 Rehearing denied
02/09/05 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 04-8925
544 U.S. 987
02/22/05 Petition filed
04/18/05 USSC denied Petition
Circuit Court – 3.851 Motion
CC# 01-2956
03/30/06 Motion filed
07/17/08 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC# 08-1636
08/29/08 Appeal filed
10/14/10 Denial affirmed
11/05/10 Motion for rehearing
02/10/11 Motion for rehearing denied; revised opinion issued
03/03/11 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 09-646
04/08/09 Petition filed
10/14/10 Petition denied
02/10/11 Revised opinion issued
03/03/11 Mandate issued
Case Information:
Everett filed a Direct Appeal with the Florida Supreme Court on 01/15/03, citing the following errors: admitting physical evidence and a confession, admitting the testimony of the State’s DNA expert regarding population frequency, Ring issues, allowing improper penalty phase jury instructions, and finding the imprisonment aggravating circumstance. On 11/24/04, the FSC affirmed the convictions and sentences.
Everett filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 02/22/05 that was denied on 04/18/05.
Everett filed a 3.851 Motion with the Circuit Court on 03/30/06 that was denied on 07/17/08.
Everett filed a 3.851 Appeal with the Florida Supreme Court on 08/29/08. The denial was affirmed on 10/14/10. Everett then filed a motion for rehearing on 11/05/10. On 02/10/11, the Florida Supreme Court issued a revised opinion on the 3.851 appeal that was denied on 10/14/10. The decision was the same. In light of the revised opinion, Everett’s motion for rehearing was also denied on 02/10/11.
Everett filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 04/08/09, which was denied on 10/14/10. On 02/10/11, the Florida Supreme Court issued a revised opinion on Petition for Writ of Habeas Corpus that was denied on 10/14/10. The decision was the same.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
05/12/03 0 ATTEMPT TO CONSPIRE FLORIDA STATE PRISON
05/29/03 0 POSS OF CONTRABAND FLORIDA STATE PRISON
05/29/03 0 BARTERING WITH OTHER FLORIDA STATE PRISON
03/12/04 18 DISRESP.TO OFFICIALS FLORIDA STATE PRISON
10/01/04 4 UNARMED ASSAULT FLORIDA STATE PRISON
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Report Date:
05/09/05 JFL
Updated: 03/11/11 JJK