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. 

REED, Grover (W/M)

DC #   105661

DOB:   10/15/61

­­­­Fourth Judicial Circuit, Duval County, Case #8606123

Sentencing Judge: The Honorable John D. Southwood

Attorney, Trial: Richard Nichols – Special Public Defender

Attorney, Direct Appeal (Initial Appeal): Richard Nichols –Special Public Defender

Attorney, Direct Appeal: William McLain – Assistant PublicDefender

Attorney, Collateral Appeals:  Martin McClain –Registry      

Date of Offense: 02/27/86

Date of Sentence: 01/09/87

Circumstances of Offense:

Grover Reed was convicted and sentenced to death for themurder of Betty Oermann.

In December of 1985, Grover Reed with a female companion andtwo children arrived in Jacksonville without money or a place to stay. Through an organization, Traveler’s Aid, they were placed in the home of aminister, Reverend Oermann, and his wife Betty.  Reverend Oermann askedthem to leave the home when he found drug paraphernalia but continued to helpReed financially and with transportation for a period of time. Eventually, the Oermanns felt that they were being used and stopped helpingReed financially.  Reed reacted to the disruption in assistance by threatening“to get even.”

On 02/27/86, Betty Oermann was raped, strangled andstabbed.  The Reverend found her in the living room that evening when hereturned home from class.  The police found a baseball cap.  At thecrime scene, the police televised a reenactment of the crime and displayed thecap as evidence.  One viewer identified the hat as similar to one Reed waswearing on the day that Betty Oermann was killed.  The police also wereable to match fingerprints and hair samples from the scene to GroverReed.  An expert testified that the semen found could belong toReed.  In addition, Reed’s fingerprints were found on checks that had beenstolen from the home and dropped in the yard.

Nigel Hacksaw, Reed’s cellmate, testified that Reed admittedto the breaking into the home and killing Betty Oermann. 

Trial Summary:

07/10/86         Reed was indicted on the following:

                                   Count I:          First-Degree Murder (Betty Oermann)

                                   Count II:         Sexual Battery withThreat or Deadly Weapon

                                   Count III:        Robbery with Deadly Weapon

11/20/86         Reed was found guilty on all counts charged in the indictment.

11/26/86         Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the deathpenalty.

01/09/87         Reed was sentenced as follows:

                                   Count I:          First-Degree Murder (Betty Oermann) – Death

                                   Count II:         Sexual Battery withThreat or Deadly Weapon – 22 years, less 283 days

                                   Count III:        Robbery with Deadly Weapon– 9 years, less 283 days

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #70,069

560 So. 2d 203 (Fla. 1989)

02/04/87         Appealfiled.

09/09/87         FSCrelinquished jurisdiction of the case to the trial court to determine whetherReed’s current counsel could fulfill his responsibilities as appellate counsel 

                        and if not to appoint new counsel.

06/15/89         FSCreversed the conviction and sentence and remanded the case to the trial courtfor a new trial.

03/01/90         Motionfor rehearing and clarification was granted.  FSC reversed the 06/15/89decision and affirmed the conviction and sentence.

05/29/90         Rehearingdenied.

06/28/90         Mandateissued.

Circuit Court – On remand from Florida Supreme Court

CC #86-6123-CF

09/21/87         Nicholsfiled a motion to withdraw as attorney of record for Grover Reed.

09/21/87         CCgranted the motion and appointed the office of the Public Defender to representGrover Reed.

United States Supreme Court – Petition for Writ ofCertiorari

USSC #90-5222

498 U.S. 882 (U.S. 1990)

07/23/90         Petitionfiled.

10/01/90         Petitiondenied.

Circuit Court – 3.850 Motion

CC #86-6123-CF

02/28/92         Motionfiled.

07/20/92         Amendedmotion filed.

08/25/92         Motiondenied.

Florida Supreme Court – 3.850 Appeal

FSC #80,518

640 So. 2d 1094 (Fla. 1994)

09/25/92         Appealfiled.

06/02/94         FSCremanded the case to the trial court for an evidentiary hearing.

08/15/94         Rehearingdenied.

08/15/94         Mandateissued.

Circuit Court – 3.850 Appeal on remand from FSC

CC #86-6123-CF

02/12/96         AmendedMotion filed.

05/28/96         AmendedMotion filed.

02/22/02         EvidentiaryHearing held.

08/28/02         Motiondenied.

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC #96,662

751 So. 2d 51 (Fla. 1999)

10/04/99         Petitionfiled.

12/20/99         Petitiondenied.

Florida Supreme Court – 3.850 Appeal

FSC #02-2191

875 So.2d 415 (Fla. 2004)

10/11/02         Appealfiled.

04/15/04         Appealaffirmed.

06/03/04         Rehearingdenied.

07/06/04         Mandateissued.

Florida Supreme Court – Writ of Habeas Corpus

FSC #03-558

875 So.2d 415 (Fla. 2004)

03/31/03         Petitionfiled.

04/15/04         Petitiondenied.

06/03/04         Rehearingdenied.

07/06/04         Mandateissued.

United States Supreme Court – Petition for Writ ofCertiorari

USSC #04-6166

125 S.Ct. 481 (U.S. 2004)

08/30/04         Petitionfiled.

11/08/04         Petitiondenied.

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

USDC #05-612

07/05/05         Petitionfiled.

09/29/08         Petitiondenied and dismissed with prejudice.

United States Court of Appeals, 11th Circuit – HabeasAppeal

USCA# 09-10059-P

593 F.3d 1217

08/19/09         Appealfiled.

01/11/10          USCA affirmed the denial of the petition

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 09-11314

131 S.Ct. 177

06/07/10          Petition filed

10/04/10          Petition denied

Circuit Court – 3.851 Motion

CC# 86-6123

(Pending)

11/29/10          Motion filed

03/17/11          Amended motion

Factors Contributing to the Delay in Imposition ofSentence:

The case was remanded to the trial court during the Direct Appealto determine whether Reed’s attorney could provide effective assistance ofcounsel.  The case was remanded to the trial court during the 3.850 Appealfiled on 09/25/92 for an evidentiary hearing on claims of ineffectiveassistance of counsel.  Reed’s case remained in the circuit court for morethan five years prior to being denied.

Case Information:

Grover Reed filed his Direct Appeal in the Florida SupremeCourt on 02/04/87.  Addressed issues included that the prosecutor usedeight of his ten peremptory strikes to remove blacks from the jury and that anunfair burden was placed on the defense.  Reed also argued that the trialcourt erred in not instructing the jury on Reed’s impaired capacity and thatthe trial judge and prosecutor made statements that the jury’s sentencingdecision was only advisory, and the judge would be responsible for finalsentencing.  On 6/15/89, the Florida Supreme Court reversed the convictionand sentence and remanded the case to the circuit court for a new trial due toerrors in jury selection.  On 03/01/90, the Motion for Rehearing andClarification was granted.  The Florida Supreme Court withdrew the opinionissued on 06/15/89 and replaced it with a new opinion.  The second opinionfrom the Florida Supreme Court affirmed the judgment and sentence. 

On 07/23/90, Reed filed a Petition for Writ of Certiorari inthe United States Supreme Court.  The petition was denied on 10/01/90.

Reed filed a 3.850 Motion in the Circuit Court on02/28/92.  An amended motion was filed on 07/20/92.  The motion wasdenied on 08/25/92. 

Reed filed a 3.850 Appeal in the Florida Supreme Court on09/25/92.  Addressed issues included that the prosecutor introducedimproper arguments, such as referring to personal characteristics of the defendant,during the trial, that the jury instructions about the aggravatingcircumstances were unclear and that the trial court erred in summarily denyingReed’s claims of ineffective assistance of counsel.  On 06/02/94, theFlorida Supreme Court remanded the case to the trial court for an evidentiaryhearing to determine effective assistance of counsel. 

On 02/12/96, Reed filed an Amended 3.850 Motion in theCircuit Court.  An Amended 3.850 Motion was filed on 05/28/96.  Anevidentiary hearing was held on 02/22/02.  The motion was denied on08/28/02. 

Reed filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 10/04/99.  The petition was denied on 12/20/99.

Reed filed a 3.850 Appeal in the Florida Supreme court on10/11/02.    Reed argued that the trial court erred in notfinding that the defendant was denied effective assistance of counsel due tohis trial court’s failure to sufficiently challenge the prosecutions peremptorychallenges to strike African-American jurors.  Reed further argued thatthe trial court erred by finding that the defendant was not denied effectiveassistance of counsel due to his trial counsel’s failure to use a hair-typeexpert, serology expert, fingerprint expert.  Reed also contended thattrial court erred by finding that the defendant was not denied effectiveassistance of counsel due to his trial counsel’s failure to present an alibidefense or present evidence of mitigating factors.  In addition, Reedargued that the trial court erred by finding that the defendant was not deniedeffective assistance of counsel due to his trial counsels failure to requireproof of the chain of custody of evidence and by conceding guilt to a lesserincluded charge.  Reed further argued that the trial court erred by denyingReed’s Brady claim [1]. The appeal was affirmed on 04/15/04.

On 03/31/03, Reed filed a Petition for Writ of Habeas Corpusin the Florida Supreme Court.  Reed contended that the Florida’s deathpenalty was unconstitutional and that he was denied effective assistance ofcounsel.  The petition was denied on 04/15/04.

Reed filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 08/30/04.  On 11/08/04, the petition wasdenied. 

On 07/05/05, Reed filed a Petition for Writ of Habeas Corpusin the United States District Court, Middle District.  On 09/29/08, thispetition was denied and dismissed with prejudice.

On 08/19/09, Reed filed a Habeas Corpus Appeal in the UnitedStates Court of Appeals, 11th Circuit. The court affirmed the denial of thepetition on 01/11/10.

Reed filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 06/07/10. This petition was denied on 10/04/10.

On 11/29/10, Reed filed a 3.851 Motion in the Circuit Court.An amended motion was filed on 03/17/11. This case is currently pending.

Institutional Adjustment:

DATE             DAYS            VIOLATION                                  LOCATION     

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

02/09/95         0                    POSS OF CONTRABAND              UNION C. I.       

11/07/03         30                  POSS OFCONTRABAND              UNION C. I.       

________________________________________________________________________

Report Date:  11/01/02          SQ

Approved:      11/26/02         WS   

Updated:        03/29/11         EMJ

[1] ABrady violation occurs when the prosecution withholds information favorable tothe defendant’s case.