The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor statistical or legal purposes.

MELTON, Antonio Lebaron (B/M)

DC#    217358

DOB:  12/29/72

First Judicial Circuit, Escambia County Case# 91-373-D

Sentencing Judge:  The Honorable William Anderson

Attorney, Trial:  Samuel H. Hall – Assistant PublicDefender

Attorney, Direct Appeal:  W.C. McLain – AssistantPublic Defender

Attorney, Collateral Appeals:  D. Todd Doss – Registry

Date of Offense:  01/23/1991

Date of Sentence:  05/19/1992

Circumstances of the Offense:

Antonio Lebaron Melton and his friend, Bendleon Lewis,entered George Carter’s pawnshop in Pensacola on 01/23/91.  According toLewis, who was granted immunity by the State to testify against Melton, hepretended to be interested in pawning a necklace. When Carter weighed thenecklace, Melton pulled a .38-caliber gun from his pants and focused it onCarter while Lewis robbed the store.  As Lewis was unlocking the door toleave, he heard a gunshot.  According to Melton, while Lewis was talkingto Carter about the necklace, Melton put on surgical gloves and reached for aring.  Carter observed this and reached for a gun that he had.  Lewisgrabbed Carter’s hands while Melton pulled out his own gun.  Melton thenproceeded to take Carter’s gun.  Melton stated that Carter rushed him thenfell and hit his head.  Melton then told Carter to remain still, butCarter reached for Melton’s hand that held the gun.  The two struggled forthe weapon, which resulted in Carter being fatally shot in the head. Despite the conflicting stories, the one undisputed fact that remains isthat Melton held the gun that fired the shot that ultimately killed Carter.

Codefendant Information:

Bendleon Lewis (DC# 220262)

Lewis was acquitted on the armed robbery conviction (CC#91-373).  He was, instead, convicted of second-degree murder and wassentenced to 20 years.  Lewis is currently serving his sentence undercommunity supervision.

Trial Summary:

02/05/92         Indicted as follows:

                                   Count I:          First-Degree Murder

                                   Count II:         Robbery with Firearm

02/05/92         Jury returned guilty verdicts on all counts of the indictment and recommendeddeath by a vote 8-4

05/19/92         Sentenced as follows:

                                   Count I:           FirstDegree Murder – Death

                                   Count II:         Robbery with Firearm– Life

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 79,959

638 So. 2d 927

06/01/92         Appeal filed

05/12/94         FSC affirmed the conviction and sentence

07/05/94         Rehearing denied

08/04/94         Mandate issued

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 94-5940

513 U.S. 971

09/02/94         Petition filed

10/31/94         Petition denied

State Circuit Court – 3.850 Motion

CC# 91-373

01/14/96         Motion filed

07/05/01         Amended motion filed

02/11/02         Second amended motion filed

03/24/04         Motion denied

04/12/04         Rehearing filed

07/26/04         Rehearing denied

Florida Supreme Court – 3.850 Appeal

FSC# 04-1689

949 So.2d 994

08/26/04         Appeal filed

11/30/06         FSC affirmed the lower court’s denial of Melton’s 3.850 Motion

02/15/07         Rehearing denied (this case only)

03/05/07         Mandate issued

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 05-1423

949 So.2d 994

08/15/05         Petition filed

11/30/06         Petition denied

03/05/07         Mandate issued

State Circuit Court – 3.851 Motion

CC# 91-373

02/28/06         Successive Motion filed

04/26/07         Motion amended

07/23/07         Second amendment filed

01/03/08         Motion denied

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

USDC# 06-384

(Held in abeyance)

09/08/06         Petition filed

03/03/08         Petition filed under USDC-N# 08-34

06/13/08         Motion to consolidate cases 06-384 and 08-34 filed

06/19/08         Cases consolidated under 06-384

03/18/09         Motion to hold proceedings in abeyance filed

03/31/09         Motion to hold proceedings in abeyance granted

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 06-11339

128 S.Ct. 88

05/15/07         Petition filed

10/01/07         Petition denied

Florida Supreme Court – 3.851 Appeal

FSC# 08-219

994 So.2d 305

02/13/08         Appeal filed

10/03/08         Appeal voluntarily dismissed

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

USDC# 08-34

03/03/08         Petition filed

06/13/08         Motion to consolidate cases 06-384 and 08-34 filed

06/19/08         Cases consolidated under 06-384

State Circuit Court – 3.851 Motion

CC# 91-373

03/09/09         Motion filed

10/21/09         Motion denied without prejudice

Florida Supreme Court – 3.851 Appeal

FSC# 09-2017

11/02/09         Appeal filed

02/09/11          FSC affirmed denial of 3.851 Motion

State Circuit Court – 3.851 Motion

CC# 91-373

11/29/10            Motion filed

04/11/11            Motion denied

Factors Contributing to the Delay in the Imposition ofthe Sentence:

It took over eight years for the Circuit Court to decide onMelton’s 3.850 Motion.  This delay may be due to the Melton’s lack ofcounsel during the reorganization of CCRC-North, the addition of new counsel,and the case being reassigned after the retirement of the original judge.

Case Information:

Melton’s direct appeal was filed to the Florida SupremeCourt on 06/01/92.  The Court affirmed Melton’s conviction and sentence on05/12/94.  Melton raised four issues on direct appeal. The main issue wasthat several improper comments made by the prosecutor to the jury justified amistrial.  None of the issues were found to have merit by the Court.

Within the same year of the Florida Supreme Court’s ruling,Melton’s attorney filed a petition for Writ of Certiorari on 09/02/94 to theUnited States Supreme Court.  The petition was denied on 10/31/94.

Melton filed a 3.850 Motion on 1/14/96 to the Circuit Court.The motion was pending for over eight years. A Huff hearing was held on10/18/01. On 10/22/01, the Circuit Court judge issued an order granting anevidentiary hearing.  On 03/24/04, the motion was denied.

On 08/26/04, Melton filed a 3.850 Appeal to the FloridaSupreme Court.  On appeal, Melton argued the lower court erred in denyingpostconviction regarding the following:  (1) his claim that he was deniedthe effective assistance of counsel during both the guilt and penalty phases ofhis trial, (2) his claim that the State withheld material and exculpatoryevidence and presented misleading evidence, (3) his newly discovered evidenceclaims, (4) his claim that the prosecutor’s misconduct during the course of hiscase rendering Melton’s conviction and sentence fundamentally unfair andunreliable, (5) his claim that there was unconstitutional systematic exclusionof a significant portion of the nonwhite population from the jury pool, and (6)his claim that the lower court improperly considered his “lack of remorse” inits order denying relief.  The Court denied all claims as having nomerit.  On 11/30/06, the Court affirmed the lower court’s denial ofMelton’s 3.850 Motion.  The Motion for Rehearing (this case only) wasdenied on 02/15/07.  The mandate was issued on 03/05/07

On 08/15/05, Melton filed a Petition for Writ of HabeasCorpus to the Florida Supreme Court, which was denied on 11/30/06.  Themandate was issued on 03/05/07. 

On 02/28/06, Melton filed a 3.851 successive Motion to theCircuit Court.  Melton amended the third claim of this motion on04/26/07.  A second amendment was filed on 07/23/07.  This motion,along with its two amendments, was denied on 01/03/08.

On 09/08/06, Melton filed a Petition for Writ of HabeasCorpus in the United States District Court, Northern District.  On06/13/08, the State petitioned the court to consolidate this case with anotherHabeas Petition filed in the same court on 03/03/08 under the case number08-34.  This petition was granted and the cases were consolidated under06-384 on 06/19/08.  On 03/18/09, Melton filed a Motion to holdproceedings in abeyance.  This motion was granted on 03/31/09.  Theproceedings in this case are stayed while Melton exhausts filings in the statecircuit court.

On 05/15/07, Melton filed a Petition for Writ of Certiorarito the United States Supreme Court, which was denied on 10/01/07.

On 02/13/08, Melton filed a 3.851 appeal in the Florida SupremeCourt.  Melton voluntarily dismissed his appeal on 10/03/08.

On 03/03/08, Melton filed a Petition for Writ of HabeasCorpus in the United States District Court, Northern District.  On06/13/08, the State petitioned the court to consolidate this case with theprevious Habeas Petition (06-384) that was pending at that time.  Thispetition was granted and the cases were consolidated under 06-384 on06/19/08.  This case number is currently non-active.

On 03/09/09, Melton filed a 3.851 Motion in the CircuitCourt. This motion was denied without prejudice on 10/21/09.

Melton filed a 3.851 Appeal in the Florida Supreme Court on11/02/09. The FSC affirmed the denial of the 3.851 Motion on 02/09/11.

On 11/29/10, Melton filed a 3.851 Motion in the CircuitCourt. This motion was denied on 04/11/11.

Institutional Adjustment:

________________________________________________________________________ 

Report Date:    08/03/01          NMP

Approved:       10/10/01          WS

Updated:         04/26/11          EMJ