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.
LAMBRIX, Michael Ray (W/M)
AKA: Cary Michael Lambrix
DC# 482053
DOB: 03/29/60
Twentieth Judicial Circuit, Glades County Case #83-12CF
Sentencing Judge: The Honorable Richard M. Stanley
Attorneys, Trial: Robert Jacobs & Kinley Engvalson– Assistant Public Defenders
Attorneys, Direct Appeal: J. L. LeGrande & BarbraLeGrande – Private
Attorneys, Collateral Appeals: William Hennis &Roseanne Eckert – CCRC-S & Pro Se
Date of Offense: 02/06/83
Date of Sentence: 03/22/84
Circumstances of Offense:
On the evening of 02/05/83, Cary Michael Lambrix and hisroommate, Frances Smith, met Clarence Moore (AKA: Lawrence Lamberson) andAleisha Bryant at a tavern and then took them back to their trailer toeat. Lambrix first took Moore outside. Twenty minutes later heasked for Bryant to come outside. After 45 minutes, Lambrix returned tothe trailer alone with a bloody shirt and tire iron in his hand. Heinformed Smith that he had killed both Moore and Bryant. He killed Mooreby hitting him in the head and killed Bryant by strangulation. Smith thenhelped Lambrix clean up, bury the bodies and throw the bloody shirt and tireiron in to a nearby stream.
On 02/08/83, Smith was arrested on an unrelatedcharge. On 02/10/83, he informed the police about the two buriedbodies. The police investigation led to the discovery of the bodies,Lambrix’s bloody shirt and the tire iron. The medical examination of thebodies confirmed Lambrix’s statements regarding the incident.
Prior Incarceration History in the State of Florida:
| Prior Prison History: (Note: Data reflected covers periods of incarceration with the Florida Dept. of Corrections since January of 1983) |
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length | | |
| 10/16/1980 | FRAUD-CHECK | 07/01/1982 | HILLSBOROUGH | | 2Y 0M 0D | | |
Trial Summary:
03/29/83 Indicted as follows:
Count I: First-Degree Murder (Bryant)
Count II: First-Degree Murder(Moore)
02/27/84 Jury returned guilty verdicts on all counts of the indictment
02/29/84 Jury recommended death by a vote of 10-2 (Bryant) and 8-4 (Moore)
03/22/84 Sentenced as follows:
Count I: First-Degree Murder (Bryant) – Death
Count II: First-Degree Murder(Moore) – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 65,203
494 So. 2d 1143
04/18/84 Appeal filed
09/25/86 FSC affirmed the convictions and sentences
10/30/86 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
USSC# 71,287
592 So. 2d 1110
10/02/87 Petition filed
08/18/88 Petition denied
State Circuit Court – 3.850 Motion
CC# 83-12CF
10/27/88 Motion filed
11/18/88 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 73,348
534 So 2d 1151
11/21/88 Appeal filed
11/30/88 FSC affirmed the denial of 3.850 Motion
State Circuit Court –Petition for Writ of HabeasCorpus
CC# 83-12CF
12/01/88 Petition filed
06/26/89 Petition denied
Florida Supreme Court – Habeas Appeal
FSC# 74,452
559 So 2d 1137
07/24/89 Petition filed
04/26/90 Petition denied
05/29/90 Mandate issued
United States District Court, Southern District –Petition for Writ of Habeas Corpus
USDC# 88-12107
494 So 2d 1143
12/01/88 Petition filed
05/12/92 Petition denied
United States Court of Appeals, 11th Circuit – HabeasAppeal
USCA# 92-4539
72 F.3d 1500
06/17/92 Appeal filed
01/03/96 USCA affirmed the denial of Petition for Writ of Habeas Corpus
02/07/96 Rehearing denied
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 81,491
641 So 2d 847
06/16/93 Petition filed
06/16/94 Petition denied
09/08/94 Rehearing denied
State Circuit Court – 3.850 Motion
CC# 83-12CF
10/07/94 Motion filed
03/23/95 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 86,119
698 So 2d 247
07/21/95 Petition filed
09/12/96 Petition denied
08/18/97 Rehearing denied
09/17/97 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 96-5658
520 U.S. 518
08/16/96 Petition filed
05/12/97 Petition affirmed the decision of the 11th Circuit Court of Appeals
06/11/97 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC #97-7000
522 U.S. 1122
11/17/97 Petition filed
02/23/98 Petition denied
State Circuit Court – 3.850 Motion
CC# 83-12CF
01/20/98 Motion filed
01/20/01 Amended motion filed
10/01/01 Second amended motion filed
11/09/07 Motion denied
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 06-9634
127 S.Ct. 2108
01/17/07 Petition filed
04/23/07 Petition denied
Florida Supreme Court – 3.850 Appeal
FSC# 08-64
39 So.3d 260
01/16/08 Appealfiled
04/15/10 FSC affirmed denial of 3.850 Motion
04/30/10 Motion for rehearing filed
07/09/10 Motion denied
07/26/10 Mandate issued
State Circuit Court – 3.850 Motion
CC# 83-12CF
04/09/09 Motion filed
07/19/10 Motion denied
08/03/10 Motion for Rehearing filed
08/11/10 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC# 10-1845
(Pending)
09/28/10 Appeal filed
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 10-7103
131 S.Ct. 917
10/06/10 Petition filed
01/10/11 Petition denied
Warrants:
09/27/88 Death Warrant signed by Governor Bob Martinez, setting execution for 11/30/88
11/29/88 Stay granted by Florida Supreme Court
12/02/88 Stay granted by United States District Court
05/12/92 Stay lifted
Clemency Hearing:
12/03/87 Denied
Factors Contributing to the Delay in Imposition of Sentence:
It took four years for the United States District Court,Southern District to render a decision for a Writ of Habeas Corpus. Italso took the United States Court of Appeals, 11th Circuit four years to decideon Lambrix’s Habeas appeal.
Case Information:
On 04/18/84, Lambrix filed a Direct Appeal to the FloridaSupreme Court. He contended that errors occurred during the guilt phaseof his trial. The errors that occurred were the lack of a representativejury due to the exclusion of members opposed to the death penalty andrestricted cross-examination of an investigator. The Court affirmedLambrix’s convictions and sentence on 09/25/86.
A Petition for Writ of Certiorari was filed on 10/02/87 tothe United States Supreme Court. It was denied on 08/18/88.
Lambrix filed a 3.850 Motion to the Circuit Court on10/27/88, which was denied on 11/18/88.
On 11/21/88, a 3.850 Appeal was filed to the Florida SupremeCourt. On 11/30/88, the Court affirmed the denial of Lambrix’s motion.
On 12/01/88, a Petition for Writ of Habeas was filed to theCircuit Court. It was denied on 06/26/89.
On 07/04/89, Lambrix filed a Petition for Writ of HabeasCorpus to the Florida Supreme Court. The petition was denied on04/26/90. A mandate was issued on 05/29/90.
A Petition for Writ of Habeas Corpus was filed to the UnitedStates District Court, Middle District on 12/01/88. It was denied on05/12/92.
A Habeas Appeal was filed to the United States Court ofAppeals, 11th Circuit on 06/17/92. On 01/03/96, the United States Courtof Appeals affirmed the denial of Lambrix’s Petition for Writ of Habeas Corpus.
A Petition for Writ of Habeas Corpus was filed to theFlorida Supreme Court on 06/16/93. The petition was denied on06/16/94. Lambrix raised the issue of Espinosa, which was procedurallybarred since it was not presented in his direct appeal. Lambrix arguedineffective counsel, which was also barred due to the fact that it hadpreviously been considered and rejected in another Habeas petition.
Lambrix filed a 3.850 Motion to the Circuit Court on10/07/94, which was denied on 03/23/95.
On 07/21/95, a 3.850 appeal was filed to the Florida SupremeCourt. The petition was denied on 09/12/96. Lambrix contended that heshould have been allowed to represent himself in trial. This argument wasdismissed on the basis that he waited six years to present the issue, which ispast the two-year limit stated in the 3.850 rule. Lambrix also arguedineffective counsel, which was also barred.
A Petition for Writ of Certiorari was filed to the UnitedStates Supreme Court on 08/16/96. The petition was granted on 11/01/96.
A Petition for Writ of Certiorari was filed to the UnitedStates Supreme Court on 12/06/96. The petition was affirmed on 05/12/97. Amandate was issued on 06/11/97.
On 11/17/97, a Petition for Writ of Certiorari was filed tothe United States Supreme Court. It was denied on 02/23/98.
On 01/20/98, Lambrix filed a 3.850 Motion to the CircuitCourt, which was amended on 01/20/01. The second amended motion was filedin the Circuit Court on 10/01/01. The motion was denied on 11/09/07.
On 01/17/07, Lambrix filed a Petition for Writ of Certiorarito the United States Supreme Court, which was denied on 04/23/07.
Lambrix filed a 3.850 Appeal in the Florida Supreme Court on01/16/08. The Florida Supreme Court affirmed the denial of the 3.850Motion on 04/15/10. A Motion for Rehearing was filed on 04/30/10, and it wasdenied on 07/09/10. A mandate was issued on 07/26/10.
Lambrix filed a 3.851 Motion in the State Circuit Court on04/09/09. The motion was denied on 07/19/09. A Motion for Rehearing was filedon 08/03/10 and denied on 08/11/10.
On 09/28/10, Lambrix filed a 3.851 Appeal in the FloridaSupreme Court. This case is currently pending.
On 10/06/10, Lambrix filed a Petition for Writ of Certiorarito the United States Supreme Court. This petition was denied on 01/10/11.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
02/11/86 30 UNARMEDASSAULT FLORIDA STATE PRISON
01/22/88 30 POSS OF ESCAPEPARA. FLORIDA STATE PRISON
06/14/88 30 DISOBEYREGULATIONS FLORIDA STATE PRISON
07/10/88 30 POSS OFNARCOTICS FLORIDA STATE PRISON
09/19/88 30 FIGHTING FLORIDASTATE PRISON
09/26/88 20 DISOBEYINGORDER FLORIDA STATE PRISON
09/11/89 15 DISOBEYINGORDER FLORIDA STATE PRISON
01/20/90 30 LYING TOSTAFF FLORIDASTATE PRISON
03/27/91 60 LYING TOSTAFF FLORIDASTATE PRISON
05/27/94 0 DISRESP.TOOFFICIALS UNION C. I.
06/23/94 0 DISORDERLYCONDUCT UNION C. I.
03/19/98 0 POSS OFWEAPONS FLORIDA STATE PRISON
05/18/99 0 DISRESP.TOOFFICIALS FLORIDA STATE PRISON
05/20/99 60 DISOBEYINGORDER FLORIDA STATE PRISON
07/18/99 30 POSS OFCONTRABAND FLORIDA STATE PRISON
________________________________________________________________________
Report Date: 10/07/04 DDK
Approved: 10/07/04 JFL
Updated: 04/12/11 EMJ