The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Last NameFirst NamePictureDC NumberAgencyCase Summary
WainwrightAnthony 123847RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
10/23/2007FSC07-20053.851 appeal filed
5/19/2008FSC07-2005Initial brief filed
5/21/2008FSC07-2005Answer brief filed
11/26/2008FSC07-2005Disposition affirmed, 3.851 motion denied
12/11/2008FSC07-2005Motion for Rehearing filed
2/6/2009FSC07-2005Rehearing denied
2/24/2009FSC07-2005Mandate issued
7/30/2009FSC09-14113.850 appeal filed
11/16/2009FSC09-1411Initial brief
11/30/2009FSC09-1411Answer brief
5/6/2010FSC09-1411Disposition affirmed
2/2/2011FSC11-221Pro Se 3.850 Appeal filed
3/14/2011FSC11-221Pro Se 3.850 Appeal stricken and dismissed
5/26/2009CC94-150-CF-B3.850 Motion filed
6/4/2009CC94-150-CF-BState's response filed
6/15/2009CC94-150-CF-BReply filed
6/15/2009CC94-150-CF-BMotion denied
6/22/2009CC94-150-CF-BMotion for Rehearing filed
7/22/2009CC94-150-CF-BMotion for Rehearing denied
8/9/2010CC94-150-CF-B3.850 Motion Filed (Pro Se)
8/26/2010CC94-150-CF-B3.850 Motion Denied (Pro Se)

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
HobsonJoseph T.Oldsmar, FLP.O. Box 96534677-0965727/667-1111Email


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date

Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates thisinformation regularly.  This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes. 


WAINWRIGHT, Anthony Floyd (W/M)

DC #   123847

DOB: 10/22/70


Third Judicial Circuit, Hamilton County, Case #94-150-CF2

(Venue changed to Fourth Judicial Circuit, Clay County)

Sentencing Judge: The Honorable E. Vernon Douglas

Attorneys, Trial: Clyde M. Taylor, Jr., Esq. & SeanOwens, Esq.

Attorney, Direct Appeal: Steven Seliger, Esq.

Attorney, Collateral Appeals: Joseph T. Hobson – Registry


Date of Offense: 04/27/94

Date of Sentence (Counts II-IV): 06/01/95

Date of Sentence (Count I): 06/12/95


Circumstances of Offense:


Anthony Wainwright and Richard Hamilton escaped from a NorthCarolina prison, stole guns and a Cadillac then traveled to Florida.  On04/27/94 the car overheated in Lake City. At this point, they kidnapped CarmenGayheart, a young mother of two, at gunpoint from a Winn-Dixie parking lot andstole her Ford Bronco.  The two men raped and strangled Gayheart and thenshot her twice in the back of the head.


On 04/28/94, Wainwright and Hamilton were arrested inMississippi after a shootout with police.  Upon capture, Wainwrightadmitted to authorities that after kidnapping and robbing Gayheart, he rapedher, despite that fact that he has AIDS.  Wainwright denied he wasinvolved in the strangling and shooting of the victim.


Codefendant Information:


Richard Hamilton


Richard Hamilton was convicted of First-Degree Murder, ArmedRobbery, Armed Kidnapping, and Armed Sexual Battery.  He was sentenced todeath for the murder of Carmen Gayheart and to life imprisonment on the otherconvictions.


Trial Summary:


07/15/94         Defendant indicted on the following charges:

                                   Count I:           First-DegreeMurder (Carmen Gayheart)

                                   Count II:         Armed Robbery

                                   Count III:        Armed Kidnapping

                                   Count IV:        Armed Sexual Assault

05/30/95         The jury found the defendant guilty on all counts.

06/01/95         Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the deathpenalty.

06/01/95         The defendant was sentenced as follows:

                                   Count II:         Armed Robbery – Life

                                   Count III:        Armed Kidnapping – Life

                                   Count IV:        Armed Sexual Assault – Life

06/12/95         The defendant was sentenced as follows:

                                   Count I:          First-Degree Murder (Carmen Gayheart) – Death


Appeal Summary:


Florida Supreme Court - Direct Appeal

FSC #86,022

704 So 2d. 511 (Fla. 1997)


07/10/95         Appeal filed

11/13/97         FSC affirmed Wainwright’s convictions and sentence of death

01/16/98         Rehearing denied

02/16/98         Mandate issued


United States Supreme Court - Petition for Writ ofCertiorari

USSC #97-8324

523 U.S. 1127 (U.S. 1998)


03/16/98         Petition filed

05/18/98         Petition denied


State Circuit Court - 3.850 Motion

CC #94-150


05/14/99         Motion filed

04/19/02         Motion denied


Florida Supreme Court - 3.850 Appeal

FSC #SC02-1342

896 So.2d 695


06/14/02         Appeal filed

11/24/04         Affirm denial of 3.850 Motion


Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# SC02-2021

896 So.2d 695


09/11/02         Petition filed

11/24/04         Petition denied


United States District Court, Middle District –Petition for Writ of Habeas Corpus

USDC #05-276


03/29/05         Petition filed

05/23/05         Amended petition filed

03/13/06         Dismissed with prejudice


United States Court of Appeals, 11th Circuit—HabeasAppeal

USCA# 06-13453

537 F.3d 1282


10/16/06         Appeal filed

11/13/07         USCA affirmed denial of the petition


United States Supreme Court – Petition for Writ ofCertiorari

USSC# 05-5025

546 U.S. 878 (U.S. 2005)


05/31/05         Petition filed

10/03/05         Petition denied


State Circuit Court - 3.851 Motion

CC #94-150-CF-B


07/16/07         Motion filed

09/19/07         Motion denied


Florida Supreme Court - 3.851 Appeal

FSC #07-2005

2 So.3d 948


10/23/07         Appeal filed

11/26/08         Disposition affirmed

12/11/08         Motion for Rehearing

02/06/09         Rehearing denied

02/24/09         Mandate issued


State Circuit Court - 3.850 Motion

CC #94-150-CF-B


05/26/09         Motion filed

06/15/09         Motion denied

06/22/09         Motion for rehearing filed

07/22/09         Motion for rehearing denied


Florida Supreme Court – 3.850 Appeal

FSC #09-1411

43 So.3d 45


07/30/09          Appeal filed

05/06/10          Disposition affirmed


State Circuit Court - 3.850 Motion (Pro Se)

CC #94-150-CF-B


08/09/10          Motion filed

08/26/10          Motion denied


Florida Supreme Court – 3.850 Appeal




02/02/11          Pro Se Appeal filed

03/14/11          Pro Se Appeal stricken and case dismissed


Factors Contributing to the Delay in the Imposition ofthe Sentence:


Wainwright’s 1999 3.850 Motion took approximately threeyears to reach a disposition.


Case Information:


On 07/10/95, Anthony Wainwright filed a Direct Appeal in theFlorida Supreme Court.  In the appeal, he argued that the trial courterred in admitting his post-arrest statements to police.  The State agreednot to seek the death penalty if Wainwright could meet three criteria: (1) hedid not contribute to Gayheart’s death, (2) he was truthful in hisconversations with the police and, (3) he passed a polygraph test.  Pertheir agreement, Wainwright made a series of incriminating statements to policeand ultimately admitted to sexually assaulting Gayheart.  After consultinghis attorney, Wainwright refused to take the polygraph exam and after that,police had no further contact with him.  The Florida Supreme Courtdetermined that no error occurred when the trial court refused to suppressthese statements because Wainwright did not adhere to or meet the threecriteria of the deal proposed by the State and, therefore, no agreement hadbeen finalized.  Wainwright also argued in his Direct Appeal that thetrial court erred by admitting additional DNA evidence once the trial had begunand that the State did not establish corpus delecti[1]for the sexual battery charge, thus making his confession inadmissible. Finally, Wainwright asserted that the trial court erred in sentencing him onhis three non-capital felony convictions.  On the sentencing forms, thetrial court checked the blanks requiring Wainwright to serve a 25-yearmandatory minimum on each of the three counts and the blanks that allowed thetrial court to retain jurisdiction.  The State agreed that this was errorand, as such, the Florida Supreme Court ordered that the trial court’ssentencing order form be altered to reflect that no minimum-mandatory termswere imposed and that there was no retention of jurisdiction by the trialcourt.  The Florida Supreme Court affirmed Wainwright’s convictions andsentence of death on 11/13/97.


On 03/16/98, Wainwright filed a Petition for Writ ofCertiorari in the United States Supreme Court, which was subsequently denied on05/18/98.


On 05/14/99, Wainwright filed a 3.850 Motion in the StateCircuit Court.  Wainwright argued several issues in his motion.  Hecontended that his trial counsel was ineffective regarding the admission ofadditional DNA evidence, regarding Wainwright’s statements and admissions;regarding evidence of Wainwright’s out of state crimes; regarding a microphonediscovered in Wainwright’s cell. The trial counsel was also argued to beineffective for failing to object to the prosecutor’s argument at the guilt andpenalty phases; for failing to maintain proper attorney-client relationship;failing to object to an error; failing to prepare for trial, introducingstatements of the codefendent, committing an alleged discovery violation andcounsel’s illness during trial also rendered him ineffective. Wainwright alsocontended that his initial counsel was ineffective in pretrialpreparation.  The Motion was denied on 04/19/02.  Wainwright thenfiled an appeal of that decision in the Florida Supreme Court on 06/14/02. On11/24/04, the Court affirmed the denial of the Motion.


On 09/11/02, Wainwright filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court.  Wainwright contended that Florida’scapital sentencing scheme is unconstitutional and that error occurred in hiscounsel’s failure to raise an issue involving the felony murder juryinstruction.  All of Wainwright’s claims were procedurally barred orlacked merit.  On 11/24/04 the petition was denied. 


Wainwright filed a Petition for Writ of Habeas Corpus in theUnited States District Court, Middle District on 03/29/05.  The petitionwas dismissed with prejudice on 03/13/06. 


Wainwright filed a Petition for Writ of Habeas Corpus appealin the United States Court of Appeals on 10/16/06.  On 11/13/07, the Courtaffirmed the denial of Wainwright’s petition.


On 05/31/05, Wainwright filed a Petition for Writ ofCertiorari in the United States Supreme Court.  The petition was denied on10/03/05.


On 07/16/07, Wainwright filed a 3.851 Motion to VacateJudgment and Sentence in the Circuit Court.  This motion was denied on09/19/07.


On 10/23/07, Wainwright filed a 3.851 appeal in the FloridaSupreme Court which was denied on 11/26/08.  On 12/11/08, Wainwright fileda Motion for Rehearing, which was denied on 02/06/09.  On 02/24/09, theFlorida Supreme Court issued a mandate in accordance with the opinion publishedon 11/26/08.


On 5/26/09, Wainwright filed a 3.850 Successive Motion toVacate Judgment and Sentence in the circuit court, and the motion was denied on06/15/09.  On 06/22/09, Wainwright filed a Motion for Rehearing; themotion was denied on 07/22/09.


On 07/30/09, Wainwright filed a 3.850 appeal in the FloridaSupreme Court.  The Florida Supreme Court affirmed the disposition of thecircuit court on 05/06/10.


On 08/09/10, Wainwright filed a 3.850 Motion forPostconviction Relief (Pro Se); the motion was denied on 08/26/10.


On 02/02/11, Wainwright filed a Pro Se 3.850 appeal in theFlorida Supreme Court.  On 03/14/11, the Florida Supreme Court struck the ProSe 3.850 appeal as an unauthorized impermissible pro se filing and dismissedthe case.



Institutional Adjustment:



DATE         DAYS            VIOLATION                     LOCATION       

--------           ----          ----------------------------            ------------------- 

08/16/97         0          POSS OFCONTRABAND              FSP

04/19/98        60          DEST. OF ST.PROP.                      FSP

11/18/99       180       UNARMEDASSAULT                    FSP




Reported:        07/17/02          EW

Approved:       07/23/02          WS

Updated:         03/30/11          MJH


[1] Corpus delecti – The doctrine in criminal law thatprohibits a prosecutor from introducing a defendant's confession until all theelements of the crime have been presented to the jury.