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
BarnhillArthur 992634CCRC-MCase Summary

Last Action

DateCourtCase NumberLast Action
9/11/2006FSC06-1803Habeas filed
2/13/2006FSC06-2753.850 Appeal
6/27/2008USDC08-1048Habeas petition

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
StrainRobert T.Tampa, FL3801 Corporex Park Dr Ste 21033619813/740-3544Email


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 on for statistical or legal purposes.


BARNHILL, Arthur (B/M)

DC #   992634

DOB: 01/31/75   


Eighteenth Judicial Circuit, Seminole County, Case #95-2932

Sentencing Judge: The Honorable Kenneth R. Lester 

Attorney, Criminal Trial: Timothy Caudill – Assistant PublicDefender

Attorney, Direct Appeal: James R. Wulchak – Assistant PublicDefender

Attorney, Collateral Appeals: Robert Strain & DavidGemmer – CCRC-M


Date ofOffense:         08/06/95

Date of Sentence:       02/11/00


Circumstances of Offense:


Arthur Barnhill was convicted and sentenced to death for the08/06/95 murder of 84-year-old Earl Gallipeau.


Arthur Barnhill was raised by his grandparents; however, atthe age of 20, Barnhill was asked to move out because he refused to followtheir rules.  Barnhill then took up residence with his friend, M.Jackson.  After Barnhill was asked to leave the Jackson residence, hedecided he would go to New York, where his girlfriend lived.  Barnhillplanned to steal money and a car from 84-year-old Earl Gallipeau, who was alawn service customer of Barnhill’s grandfather. 


On 08/06/95, Barnhill and M. Jackson went to Gallipeau’shome to steal his car.  They entered the house through the garage andwaited in the kitchen for two hours as Gallipeau watched television in anotherroom.  While in the kitchen, Barnhill revealed to Jackson that he plannedto kill Gallipeau.  Upon hearing this, Jackson left and at least onewitness reported seeing Jackson walking alone, away from Gallipeau’s home.


Barnhill attacked Gallipeau as he entered the kitchen fromthe television room.  Barnhill attempted to strangle him with his hands,but failed.  Barnhill then tried to strangle Gallipeau by wrapping a towelaround his neck as a ligature.  When that attempt failed, Barnhill tookoff Gallipeau’s belt and wrapped it around his neck several times, stranglingand killing Gallipeau.  Barnhill dragged his body to the back room andleft it there.


After stealing Gallipeau’s car and money, Barnhill met upwith Jelani Jackson.  The two drove to New York, where Barnhill met upwith his girlfriend.  New York police quickly located Gallipeau’s car andsubsequently arrested Barnhill on an old warrant.


Prior Community Supervision History in the State ofFlorida:



Offense Date


Sentence Date


Case No.

Supervision Length






1Y 0M 0D






3Y 0M 0D



Trial Summary:


11/06/95         Defendant indicted on the following charges:

                                   Count I:          First-Degree Murder

                                   Count II:         Armed Burglary

                                   Count III:        Armed Robbery

                                   Count IV:        Grand Theft Auto

10/16/98         The defendant entered a plea of “no contest” and was adjudicated guilty

on all countscharged in the indictment.

09/20/99         Upon advisory sentencing, the jury, by a 9 to 3 majority, recommended

the death penalty.

02/11/00         The defendant was sentenced as followed:

                                   Count I:          First-Degree Murder - Death

                                   Count II:         Armed Burglary - Life

                                   Count III:        Armed Robbery - Life

                                   Count IV:        Grand Theft Auto – 5 years


Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC #SC00-547

834 So. 2d 836


03/15/00         Appeal filed.

10/10/02         FSC affirmed the convictions and sentence of death.

12/27/02         Rehearing denied.

12/27/02         Mandate issued.


U.S. Supreme Court – Petition for Writ of Certiorari

USSC #02-9924

539 U.S. 917


03/27/03         Petition filed. 

06/09/03         USSC denied the petition.


State Circuit Court – 3.850 Motion

CC #95-2932


12/01/03         Motion filed.

05/19/05         Evidentiary Hearing held.

12/30/05         CC denied the motion.


Florida Supreme Court – 3.850 Motion Appeal

FSC# 06-275

971 So. 2d 106


02/13/06         Appeal filed.

10/25/07         Appeal denied.

12/28/07         Mandate issued.


Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 06-1803

971 So. 2d 106


09/11/06         Petition filed.

10/25/07         Petition denied.

12/28/07         Mandate issued.


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

USDC# 08-1048



06/27/08         Petition filed.


Factors Contributing to the Delay in the Imposition ofthe Sentence:


There have been no unreasonable delays in the imposition ofBarnhill’s sentence at this time.


Case Information:


On 03/15/00, Arthur Barnhill filed a Direct Appeal in theFlorida Supreme Court.  In that appeal, he argued that the trial courterred in denying his motion for disqualification and in refusing to strike twojurors for cause.  Barnhill also raised issues concerning voir dire andthe trial court’s failure to grant his motion for a continuance.  Barnhillclaimed that the trial court erred in adjudicating him guilty for both robberyand grand theft, which he claimed to be the same principle crime.  Lastly,Barnhill contended that the trial court erred in its consideration andapplication of aggravating and mitigating circumstances.  Specifically,Barnhill claimed that the trial court improperly found that the murder wascommitted for pecuniary gain and committed during the course of a felony. The Florida Supreme Court agreed, noting that the trial court relied on thesame aspects of the crime to find both aggravating factors, which constitutedimproper doubling.  For the purposes of reviewing Barnhill’s appeal, theFlorida Supreme Court noted that the pecuniary gain aggravating factor shouldbe stricken.  The Florida Supreme Court affirmed Barnhill’s convictionsand sentence of death on 10/10/02.


On 03/27/03, Barnhill filed a Petition for Writ ofCertiorari in the U.S. Supreme Court, which was denied on 06/09/03.


Barnhill filed a 3.850 Motion in the State Circuit Court on12/01/03, and an Evidentiary Hearing was held on 05/19/05.  The motion wasdenied on 12/30/05.


Barnhill filed a 3.850 Motion Appeal in the Florida SupremeCourt on 02/13/06. This appeal was denied on 10/25/07.


Barnhill filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 09/11/06.  The FSC denied this petition on10/25/07.


Barnhill filed a Petition for Writ of Habeas Corpus in theUnited States District Court on 06/27/08. This petition is currently pending.




05/27/03 – ew

06/10/03 – approved – ws

07/02/08 – updated – klh