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.
CARD, James Armando, Sr. (W/M)
AKA: James T. Conte or Mike Johnson
DC # 081792
DOB: 10/16/46
Fourteenth Judicial Circuit, Bay County, Case #81-518
Sentencing Judge: The Honorable W. Fred Turner
Resentencing Judge: The Honorable DedeeCostello
Trial Attorneys: Thomas Ingles & Herbert Green –Assistant Public Defenders
Attorney, Direct Appeal: Steven L. Bolotin– Assistant Public Defender
Attorney, Direct Appeal Resentencing: Steven L. Seliger, Esq. – Private
Attorney, Collateral Appeals: Clyde M. Taylor, Jr. –Registry & Pro Se
Offense Date: 06/03/81
Sentencing Date: 01/28/82
Resentencing Date: 06/21/99
Circumstances of Offense:
James Card was convicted and sentenced to death for themurder of Janis Franklin on 06/03/81.
Janis Franklin, a clerk at Western Union in Panama City, wasabducted from her office during a robbery on the afternoon of 06/03/81. Franklin’s body, which was missing for over a day, was found about eight milesfrom the abduction site, off a dirt road in a secluded area. Her throathad been cut and her fingers were severed almost completely through.
James Card called his friend, Vicky Elrod, in the earlymorning of 06/03/81 and made plans to meet her with the intention of repayingthe $50 he owed her. Elrod met Card at 9:30 p.m. that night, and herepaid her the $50 from a stack of large bills. Card told her that he hadrobbed a Western Union station and killed the woman who worked there. Hedescribed fighting with the victim and stabbing her with his knife. He thendrove her to a wooded area where he cut her throat saying, “Die, die, die.”Several days later, Elrod went to the authorities and told them the details ofthe murder. Card was then arrested.
Additional Information:
On 09/08/81, Card’s defense counsel filed a motion forchange of venue due to the publicity surrounding the case. The HonorableW. Fred Turner issued an order granting that motion on 09/30/81, and the casewas transferred from Bay County (Fourteenth Circuit) to Okaloosa County (FirstCircuit).
Prior Incarceration in the State of Florida:
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length |
| 10/30/1980 | TRAFFIC IN STOLEN PROPERTY | 03/26/1982 | ESCAMBIA | 8003489 | 15Y 0M 0D |
| 10/30/1980 | GRAND THEFT,$300 LESS &20,000 | 03/26/1982 | ESCAMBIA | 8003489 | 5Y 0M 0D |
| 11/06/1980 | POSS.FIREARM BY FELON | 03/26/1982 | ESCAMBIA | 8003489 | 5Y 0M 0D |
Trial Summary:
06/08/81 Defendant arrested.
07/08/81 Defendant indicted on the following:
Count I: First-DegreeMurder
Count II: Armed Robbery
Count III: Kidnapping
09/30/81 Motion for change of venue granted.
01/22/82 The jury found the defendant guilty on all counts.
01/22/82 Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the
deathpenalty.
01/28/82 The defendant was sentenced as followed:
Count I: First-DegreeMurder - Death
Count II: Armed Robbery - Life
Count III: Kidnapping – Life
08/19/97 State Circuit Court vacated Card’s death sentence and ordered a
resentencingfollowing an examination of Card’s claim of improper
sentencingprocedure.
06/21/99 Upon advisory sentencing, the new jury, by an 11 to 1 majority, voted for
thedeath penalty. The defendant was resentenced as followed:
Count I: First-DegreeMurder - Death
Count II: Armed Robbery - Life
Count III: Kidnapping – Life
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC #61,715
453 So. 2d 17
02/15/82 Appeal filed.
06/07/84 FSC affirmed the convictions and sentence of death.
07/19/84 Rehearing denied.
United States Supreme Court - Petition for Writ ofCertiorari
USSC #84-5451
469 U.S. 989
09/19/84 Petition filed.
11/05/84 Petition denied.
State Circuit Court - 3.850 Motion & Applicationfor Stay of Execution
CC #81-518
06/03/86 Motion and application filed.
06/03/86 Motion and application denied.
Florida Supreme Court - 3.850 Appeal
FSC #68,862
497 So. 2d 1169
06/03/86 Appeal filed.
10/09/86 FSC affirmed the Circuit Court’s denial of the 3.850 Motion.
12/22/86 Rehearing denied.
01/26/87 Mandate issued.
Florida Supreme Court - Petition for Writ of HabeasCorpus
FSC #68,846
497 So. 2d 1169
06/02/86 Petition filed.
10/09/86 Petition denied.
12/22/86 Rehearing denied.
01/26/87 Mandate issued.
United States Supreme Court - Petition for Writ ofCertiorari
USSC #86-6599
481 U.S. 1059
03/23/87 Petition filed.
05/18/87 Petition denied.
United States District Court, Northern District -Petition for Writ of Habeas Corpus
USDC #87-40243
09/16/87 Petition filed.
07/01/88 Petition denied.
United States Court of Appeal, 11th Circuit - HabeasCorpus Appeal
USCA #88-3729
911 F.2d 1494
09/01/88 Appeal filed.
09/04/90 USCA affirmed in part and remanded in part. The District Court was
allowed60 days to explain why no evidentiary hearing was held to
examinethe issue of trial competency.
United States District Court, Northern District -Petition for Writ of Habeas Corpus (On Remand FromUSCA)
USDC #87-40243
09/06/90 Petition for Writ of Habeas Corpus was remanded by USCA to explore
whyan evidentiary hearing was never held to examine Card’s
competency.
United States Court of Appeal, 11th Circuit - HabeasCorpus Appeal
USCA #88-3729
963 F.2d 1440
06/05/92 USCA affirmed the District Court’s denial of the Habeas Petition.
12/28/92 Rehearing denied.
10/22/93 Mandate issued by the United States Supreme Court affirming the USCA
andUSDC decisions regarding Card’s Federal Habeas Petition.
State Circuit Court - 3.850 Motion
CC #81-518
03/11/92 Motion filed.
04/20/93 Motion denied.
United States Supreme Court - Petition for Writ ofCertiorari
USSC #92-8897
510 U.S. 839
05/27/93 Petition filed.
10/04/93 Petition denied.
Florida Supreme Court - 3.850 Appeal
FSC #82,435
652 So. 2d 344
09/27/93 Appeal filed.
01/12/95 FSC remanded to the Circuit Court for an evidentiary hearing to examine
thesentencing procedure used during the penalty phase of Card’s trial.
State Circuit Court - 3.850 Motion(On Remand From FSC)
CC #81-518
01/12/95 3.850 Motion remanded by FSC to examine the sentencing procedure
duringtrial.
08/19/97 Circuit Court vacated Card’s death sentence and ordered a resentencing
basedon an error committed during Card’s 1982 sentencing.
United States Supreme Court - Petition for Writ ofCertiorari (By State)
USSC #96-5460
519 U.S. 899
08/02/96 Petition filed by the State.
10/07/96 Petition denied.
Florida Supreme Court - Direct Appeal Resentencing
FSC #SC00-182
803 So.2d 613
08/18/00 Appeal filed.
10/11/01 FSC affirmed the death sentence.
12/20/01 Rehearing denied and mandate issued.
United States Supreme Court - Petition for Writ ofCertiorari
USSC #01-9152
536 U.S. 963
03/20/02 Petition filed.
06/28/02 Petition denied.
State Circuit Court - 3.851 Motion
CC #81-518
06/30/03 Motion filed.
04/02/04 Motion amended.
06/09/06 Circuit Court denied motion.
State Circuit Court - 3.853 Motion
CC #81-518
01/05/05 Motion filed.
11/17/05 Circuit Court denied motion.
Florida Supreme Court − 3.851 & 3.853Motions Appeal
FSC# 06-1383
992 So. 2d 810
07/12/06 Appeals filed.
07/10/08 Appeals denied.
Florida Supreme Court − 3.850 Appeal
FSC# 07-2466
12/31/07 Appeal filed.
05/01/08 Appeal dismissed.
United States District Court, Northern District -Petition for Writ of Habeas Corpus
USDC# 08-448
10/14/08 Petition filed.
11/23/10 Petitiondenied.
United States Court of Appeal, 11th Circuit - HabeasCorpus Appeal
USCA #11-10123
(Pending)
12/22/10 Appealfiled.
Warrants:
05/07/86 Death Warrant signed by Governor Bob Graham.
06/03/86 Florida Supreme Court granted a stay of execution.
08/18/87 Death Warrant signed by Governor Bob Martinez.
09/16/87 United States District Court, Northern District, granted a stay of
execution.
Clemency:
03/20/86 Clemency hearing held (denied).
Factors Contributing to the Delay in the Imposition ofthe Sentence:
After spending over 10 years on death row and filingnumerous motions/appeals, Card filed a Motion to Vacate Judgment and Sentence(3.850) in the State Circuit Court to examine the sentencing procedure usedduring the penalty phase of his trial. The State Circuit Court grantedthe motion on remand from the Florida Supreme Court, which resulted in a newsentencing proceeding. Card’s sentence was vacated in 1997, and he wasresentenced to death on 06/21/99, two years later. Card’s 3.851 Motionwas pending from 06/30/03 – 06/09/06.
Case Information:
Card filed a Direct Appeal in the Florida Supreme Court on02/15/82. In that appeal, Card argued that the trial court erred infailing to admit proffered testimony, which he claimed was exculpatory, andcould have offered an alternative explanation for the crime. Card alsocontended that the court erred in its application of several aggravatingfactors. Upon consideration of issues raised, the Florida Supreme Courtaffirmed the convictions and sentence of death on 06/07/84.
On 09/19/84, Card filed a Petition for Writ of Certiorari inthe United States Supreme Court, which was denied on 11/05/84.
On 05/07/86, Governor Bob Graham signed a death warrant, andthe execution was set for 06/04/86.
Card filed a Motion to Vacate Judgment and Sentence (3.850)in the State Circuit Court on 06/03/86, which was denied on the same day.
Card filed a 3.850 Appeal and a Petition for Writ of HabeasCorpus in the Florida Supreme Court after the denial of his 3.850 Motion in theCircuit Court. The Florida Supreme Court issued an emergency stay ofexecution on 06/03/86, in order to take sufficient time to review Card’s newfilings. The Supreme Court denied all relief on 10/09/86, by affirmingthe denial of the 3.850 Appeal and denying the Habeas Petition.
On 03/23/87 Card filed a Petition for Writ of Certiorari inthe United States Supreme Court, which was denied on 05/18/87.
Governor Bob Martinez signed a second death warrant on08/18/87.
Card filed a Federal Petition for Writ of Habeas Corpus inthe United States District Court, Northern District, on 09/16/87. The DistrictCourt granted a stay of execution on 09/16/87 in order to examine Card’spetition. On 07/01/88, the District Court denied Card’s Habeas Petitionand vacated the stay of execution.
Card filed an appeal of the District Court’s decision in theUnited States Court of Appeal for the 11th Circuit on 09/01/88. On09/04/90, upon examination of Card’s case, the Court of Appeals affirmed inpart, but remanded for an evidentiary hearing regarding the examination ofCard’s trial competency.
The District Court again denied relief on 10/22/93 afterholding an evidentiary hearing on the aforementioned matter and the Court ofAppeals affirmed that decision on appeal.
On 10/04/93, the United States Supreme Court denied Card’sPetition for Writ of Certiorari.
On 03/11/92, Card filed a second 3.850 Motion, which wasdenied on 04/20/93. On appeal, the Florida Supreme Court remanded for anevidentiary hearing to examine the sentencing practices in the penalty phase ofCard’s trial. In examining this issue, the Circuit Court found impropersentencing procedure, vacated Card’s death sentence and remanded forresentencing.
The United States Supreme Court denied Certiorari on10/07/96.
Card was resentenced to death on 06/21/99. He againfiled a Direct Appeal in the Florida Supreme Court claiming that theresentencing judge erred in not recusing herself, andthe court erred in its application of aggravating factors and negation ofmitigating evidence. Card also contended that the State’s closing statement wasunfair and prejudiced the advisory sentencing of the jury. The FloridaSupreme Court affirmed the death sentence on 10/11/01.
Card then filed a Petition for Writ of Certiorari in theUnited States Supreme Court, which was denied on 06/28/02.
Card filed a 3.851 Motion in the State Circuit Court on06/30/03, which was amended on 04/02/04. On 06/09/06, the motion wasdenied.
Card filed a 3.853 Motion in the State Circuit Court on01/05/05, which was denied on 11/17/05.
Card filed a 3.851 Motion Appeal and a 3.853 Motion Appealin the Florida Supreme Court on 07/12/06, both of which were denied on07/10/08.
Card filed a 3.850 Motion Appeal in the Florida SupremeCourt on 12/31/07 that was dismissed on 05/01/08.
Card filed a Petition for Writ of Habeas Corpus in theUnited States District Court, Northern District, on 10/14/08. This petition wasdenied on 11/23/10.
Card filed a Habeas Corpus Appeal in the United States Courtof appeals for the 11th district on 12/22/10. That appeal ispending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
07/16/86 0 SPOKEN THREATS FSP
09/11/86 30 FIGHTING FSP
09/29/91 30 SPOKENTHREATS FSP
01/09/92 0 DISOBEYING ORDER FSP
________________________________________________________________________
12/19/01 – ew
01/08/02 – approved – ws
01/26/11 – updated – jjk