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.


Inmate

Last NameFirst NamePictureDC NumberAgencyCase Summary
ArmstrongLancelot 693504CCRC-SCase Summary

Last Action

DateCourtCase NumberLast Action
9/9/2009FSC09-1659Direct appeal (resentencing)
8/4/2010FSC09-1659Initial Brief
12/21/2010FSC09-1659Answer brief filed
1/20/2011FSC09-1659Reply Brief filed
3/1/2011FSC09-1659Oral Arguments set for 5/3/11
11/30/2007CC90-5417Status Conference
6/15/2007CC9005417Resentenced to death

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
BackhusTerri L.Tampa, FL13014 N. Dale Mabry Hwy., Ste. 74633618-2808813/269-7604Email

Cases

Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Backhus90-5417-CFCokerBrowardSouth  

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 on for statistical or legal purposes.

 

ARMSTRONG, Lancelot (B/M)

DC #   693504

DOB: 07/29/63

 

Seventeenth Judicial Circuit, Broward County, Case#90-5417-CF

Sentencing Judge: The Honorable Thomas M. Coker

Resentencing Judge: The Honorable Michael Gates

Trial Attorney: Edward Malavenda, Esq. – Private

Attorneys, Resentencing: Hilliard Moldof & EdwardMalavenda, Esq. – Private

Attorney, Direct Appeal: Jeffery Anderson – Assistant PublicDefender

Attorney, Collateral Appeals: Pro Se

 

Date of Offense:          02/17/90

Date of Sentence:        06/20/91

 

Circumstances of Offense:

 

In the early morning hours of 02/17/90, Lancelot Armstrong,the defendant, and Michael Coleman entered Church’s Fried Chicken restaurantunder the pretense of visiting Kay Allen.  Allen was the assistant managerof Church’s and the former girlfriend of the defendant.  Initially, Allenrefused to meet with Armstrong, but eventually accompanied him to his car outside,while Coleman stayed in the restaurant.

 

According to testimony, the defendant told Allen he wasgoing to rob the restaurant and that, if she did not cooperate, he might haveto kill her.  All the other employees had gone home, so Armstrong, Allenand Coleman were alone.  When getting the money out of the safe, Allenmanaged to pull the silent alarm.

 

Deputy Sheriffs Robert Sallustio and John Greeney arrived atthe scene to find Armstrong in the car and Coleman still in therestaurant.  Shots fired from inside the restaurant distracted theofficers, enabling Armstrong to reach for his gun and to open fire on theofficers as well.  Sallustio was struck three times and Greeney was killedinstantly.  Armstrong and Coleman fled the state and were apprehended inMaryland.  Investigators determined that bullets from Armstrong’s gunkilled Greeney because he suffered from shots fired at close-range.

 

Codefendant Information:

 

Michael Coleman, the codefendant, received life in prisonfor his role in the robbery and shooting.

 

Trial Summary:

 

02/27/90         The Defendant was arrested.

03/07/90         The Defendant was indicted on the following counts:

                                   Count I:            Murder inthe First-Degree

                                   Count II:           AttemptedMurder of a Law Enforcement Officer

                                   Count III:         Robbery with a Firearm

04/17/91         The jury returned a verdict of guilty on all counts.

05/09/91         Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the deathpenalty.

06/20/91         The Defendant was sentenced as followed:

Count I:          First-Degree Murder –Death

Count II:         Attempted Murder – Life

                                   Count III:        Robbery with a Firearm –Life

10/30/03         The Florida Supreme Court vacated the defendant’s death sentence and remandedthe case for

resentencing.

04/25/07         The jury recommended the imposition of the death penalty by a vote of 9-3.

06/15/07         The defendant was resentenced as follows:

                                   Count I:          First-Degree Murder – Death

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC #78,180

642 So. 2d 730

 

06/26/91         Appeal filed.

08/11/94         FSC affirmed the convictions and sentence of death.

09/29/94         Rehearing denied.

10/31/94         Mandate issued.

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC #94-8198

514 U.S. 1085

 

02/24/95         Petition filed.

04/24/95         Petition denied.

 

State Circuit Court – 3.850 Motion

CC #90-5417

 

03/18/97         Motion filed.

05/25/01         Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC #SC01-1874

862 So.2d 705

 

08/27/01         Appeal filed.

10/30/03         FSC affirmed the denial of Armstrong’s 3.850 Motion in part, vacated Armstrong’sdeath sentence

and remanded for anew penalty phase.

12/19/03         Armstrong’s Motion for Rehearing denied.

12/19/03         Motion for Rehearing filed by the State denied.

02/20/04         Mandate issued.

 

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC #SC02-1122

862 So.2d 705

 

05/15/02         Petition filed.

10/30/03         Petition denied.

12/19/03         Rehearing denied.

02/20/04         Mandate issued.

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 03-1198

541 U.S. 1056

 

02/18/04         Petition filed.

05/17/04         Petition denied.

 

State Circuit Court – Resentencing

CC #90-5417

 

06/15/07         Defendant resentenced to death.

 

Florida Supreme Court – Direct appeal, Resentencing

FSC# 09-1659

(Pending)

 

09/09/09          Appeal filed.

 

Factors Contributing to the Delay in the Imposition ofthe Sentence:

 

Armstrong’s Direct Appeal took over three years tocomplete.  Also, in consideration of the financial state of the CCR, amotion to toll time was granted regarding the filing of a 3.850 Motion until09/01/97.  His 3.850 Motion took over fours years in the State CircuitCourt.

 

Case Information:

 

On 06/26/91, Armstrong filed a Direct Appeal in the FloridaSupreme Court.  Among the 24 issues raised in that appeal, four pointswere particularly noteworthy.  First, Armstrong believed a new trial wasneeded because Allen lied about material facts at trial.  Secondly,Armstrong contends that the State submitted inadmissible evidence in order torefresh the memory of a witness.  In the penalty phase, the defendantclaimed that the judge arrived at a sentencing decision prior to Armstrongbeing given the opportunity to speak on his behalf.  Lastly, Armstrongbelieves that some of the aggravating factors applied to his case wereduplicative.  The Supreme Court affirmed the conviction and sentence ofdeath on 08/11/94.

 

On 02/24/95, Armstrong filed a Petition for Writ ofCertiorari in the United States Supreme Court, which was denied on 04/24/95.

 

On 03/18/97, Armstrong filed a 3.850 Motion in the CircuitCourt, which was denied on 05/25/01. On 08/27/01, Armstrong filed an appeal ofhis 3.850 Motion in the Florida Supreme Court.  On 10/30/03, the FloridaSupreme Court affirmed the denial of Armstrong’s 3.850 Motion in part, vacatedhis death sentence and remanded for a new penalty phase.  In lieu of oneof Armstrong’s prior felony convictions being vacated, which was used as anaggravating circumstance during his original penalty phase, the Florida SupremeCourt remanded the case for resentencing.

 

On 08/27/01, Armstrong filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court, which was denied on 10/30/03.

 

On 02/18/04, Armstrong filed a Petition for Writ ofCertiorari with the United States Supreme Court, which was denied on 05/17/04.

 

On 06/15/07, Armstrong was again sentenced to death.

 

On 09/09/09, Armstrong filed his second Direct Appeal in theFlorida Supreme Court, which is pending. 

 

Institutional Adjustment: 

 

DATE          DAYS                VIOLATION                        LOCATION      

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

02/22/00         0              POSS OFCONTRABAND          UNION C.I.        

________________________________________________________________________

 

10/30/01 – ew

10/30/01 – approved – ws

08/25/10 – updated – kkr