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
SlineyJack 905288RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
1/3/2005FSC05-133.850 Appeal
8/19/2005FSC05-13Initial
11/28/2005FSC05-13Answer
1/26/2006FSC05-13Reply
5/4/2006FSC05-13Oral Arguments
11/9/2006FSC05-13Denial affirmed
12/7/2006FSC05-13Mandate issued
8/19/2005FSC05-1462Habeas Corpus
11/28/2005FSC05-1462Response
5/4/2006FSC05-1462Oral Arguments
11/9/2006FSC05-1462Denied
12/7/2006FSC05-1462Mandate issued
12/18/2006USDC-M06-670Petition for Writ of Habeas Corpus filed
4/2/2009USDC-M06-670Response filed
9/22/2010USDC-M06-670Petition denied and dismissed with prejudice
10/25/2010USCA10-14965Habeas Appeal filed

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
OstranderThomas H.Bradenton, FL2701 Manatee Ave. W., Unit 134205-4952941/746-7220Email

Cases

Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Ostrander92-451PellecchiaCharlotteSouth2/23/19993/12/1999

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.

 

SLINEY, Jack (W/M)

DC #    905288

DOB:   12/23/72

 

Twentieth Judicial Circuit, Charlotte County, Case#92-451-CF

Sentencing Judge:  The Honorable Donald E. Pellecchia

Attorney, Trial: Kevin C. Shirley, Esquire

Attorney, Trial: Mark A. Cooper – Assistant Public Defender(as of 03/03/94)

Attorney, Direct Appeal:  Robert F. Moeller – AssistantPublic Defender

Attorney, Collateral Appeals: Thomas Ostrander – Registry

 

Date of Offense: 06/18/92

Date of Sentence: 02/14/94

 

Circumstances of Offense:

 

Jack R. Sliney was convicted and sentenced to death for themurder of a pawnshop owner, George Blumberg.

 

On 06/18/92, Marilyn Blumberg discovered her husband, GeorgeBlumberg, dead behind the counter of the pawnshop that they owned and rantogether.  He had received blunt head trauma, possibly from being hit witha camera, had been stabbed three times in the neck with a pair of scissors, andhad been hit several times in the head with a hammer.  The one relevantfingerprint found by police belonged to Keith Witteman, whom Sliney implicatedin his testimony.

 

Witness, Kenneth Dobbins, testified that he saw two youngmen enter the store and speak with Blumberg about a piece of jewelry. Composite sketches were drawn from Dobbins’ description.  An officershowed the sketch to his stepdaughter’s boyfriend, Thomas Capeles, because hewas in the same age group as the suspects and might know them.  Capelesdid not recognize either individual.  Capeles, however, later contactedthe officer because Jack Sliney, manager of Club Manta Ray, offered to sell hima gun, and Sliney looked similar to one of the men in the composite sketches.

 

Capeles agreed to assist in the investigation, and acontrolled gun buy was arranged.  The serial number of the gun that wasbought from Sliney matched the gun registry from the Blumberg’s pawnshop. Another controlled gun buy was arranged, and these guns also matched thepawnshop registry.  Sliney was arrested shortly after the second gun sale.

 

Sliney confessed to the murder of Blumberg in both a tapedoral statement and in a written statement.  Sliney told officers that heand Witteman went into the store and argued with Blumberg over the price of anecklace.  He reported that Witteman told him to hit Blumberg and thensaid that he would have to kill Blumberg because the victim could identifythem.  Sliney admitted to hitting Blumberg in the head with a camera,stabbing him with scissors, and finally hitting him with a hammer.  Duringthe trial, Sliney testified that Witteman killed Blumberg, which contradictedhis original statement to the police.

 

Codefendant Information:

 

Keith Witteman

 

Keith Witteman  was convicted and sentenced to Life forFirst-Degree Murder during the Commission of a Felony.  He also wassentenced to ten years for Robbery with a Deadly Weapon.

 

Trial Summary:

 

07/03/92         Sliney was indicted on the following counts:

                                   Count I:          First-Degree Premeditated Murder

                                   Count II:         First-Degree FelonyMurder

                                   Count III:        Robbery with a DeadlyWeapon

10/01/93         Sliney was found guilty on all counts charged in the indictment.

11/04/93         Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the deathpenalty.

02/14/94         Sliney was sentenced as follows:

CountI:           First-DegreePremeditated Murder – Death

Count II:        First-Degree Felony Murder – Nolle Prossed

Count III:        Robberywith a Deadly Weapon – Life, less 607 days for time served

 

Appeals Summary:

 

Florida Supreme Court – Direct Appeal

FSC #83,302

699 So. 2d 662

 

03/08/94         Appeal filed.

07/17/97         FSC affirmed the conviction and sentence.

09/18/97         Rehearing denied.

10/20/97         Mandate issued.

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC #97-7235

522 U.S. 1129

 

12/17/97         Petition filed.

02/23/98         USSC denied the Petition.

 

Circuit Court – 3.850 Motion

CC #92-451-CF

 

02/19/99         Motion filed.

03/31/99         Amended Motion filed.

04/12/99         Amended Motion filed.

06/19/01         Consolidated Motion filed.

04/29/02         Evidentiary hearing held.

05/09/03         Evidentiary hearing held.

10/10/03         Amended Motion filed.

11/17/03         Amended Motion filed.

12/14/04         Motion denied.

 

Florida Supreme Court – 3.850 Motion Appeal

FSC # 05-13

944 So. 2d 270

 

01/03/05         Appeal filed.

11/09/06         FSC affirmed the denial of the motion.

12/07/06         Mandate issued.

 

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 05-1462

944 So. 2d 270

 

08/19/05         Petition filed.

11/09/06         FSC denied the petition.

12/07/06         Mandate issued.

 

United States District Court, Middle District – HabeasPetition

USDC# 06-670

 

12/18/06         Petition filed.

09/22/10          Petition dismissed and denied withprejudice.

 

United States Court of Appeals, 11thCircuit – Habeas Appeal

USCA# 10-14965

(Pending)

 

 10/25/10          Appeal filed.

 

Factors Contributing to the Delay in Execution ofSentence:

 

The Direct Appeal was pending for three and a half yearsprior to being decided.  The 3.850 Motion was pending from 02/19/99 –12/14/04.

 

Case Information:

 

Sliney filed a Direct Appeal in the Florida Supreme Court on03/08/94.  He raised several issues on Direct Appeal.  Slineycontended that his confession was forced and should not have beenadmitted.  Another issue was that the tape from the gun sale betweenCapeles and Sliney and the tape of Marilyn Blumberg’s 9-1-1 call should nothave been allowed.  Sliney also argued that the trial court erred in notallowing inmates to testify that they heard Witteman, the codefendant, confess,not allowing adequate preparation time, and finding aggravating factors. Another issue argued was that the penalty of death was disproportionate to thecrime committed.  The Florida Supreme Court did not find errors thatwarranted reversing the conviction or sentence and affirmed the conviction andsentence on 07/17/97.  Rehearing was denied on 09/18/97.  A mandatewas issued on 10/20/97.

 

Sliney filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 12/17/97.  The United States Supreme Court deniedthe petition on 02/23/98.

 

On 02/19/99, Sliney filed a 3.850 Motion in the CharlotteCounty Circuit Court.  Amended motions were filed on 03/31/99 and04/12/99.  A consolidated motion was filed on 06/19/01.  Evidentiaryhearings were held on 04/29/02 and 05/09/03.  Amended motions were filedon 10/10/03 and 11/17/03.  The motion was denied on 12/14/04.

 

On 01/03/05, Sliney filed a 3.850 appeal with the FloridaSupreme Court, citing allegations of ineffective assistance of counsel. On 11/09/06, the FSC affirmed the denial of the motion.

 

Sliney filed a petition for writ of habeas corpus in theFlorida Supreme Court on 08/19/05, citing allegations of ineffective assistanceof counsel.  On 11/09/06, the FSC denied the petition.

 

On 12/18/06, Sliney filed a Habeas Petition in the UnitedStates District Court, Middle District.  Grounds one, three, four, andfive of this petition were dismissed with prejudice; grounds two and six weredenied with prejudice on 09/22/10.

 

On 10/25/10, Sliney filed a Habeas Appeal in the UnitedStates Court of Appeals. This appeal is currently pending.

 

__________________________________________________________________

 

Report Date:  12/31/01          SQ

Approved:      04/17/02         WS

Updated:         01/24/11        EMJ