The Commission onCapital Cases updates this information regularly. This information, however, issubject to change and may not reflect the latest status of an inmate’s case andshould not be relied on for statistical or legal purposes.
ROLLING, DannyHarold (W/M)
DC# 521178
DOB: 05/26/54
Eighth Judicial Circuit, Alachua County, Case # 91-3832
Sentencing Judge: The Honorable Stanley R. Morris
Attorney, Trial: C.Richard Parker
Attorney, Direct Appeal:Nada Carey – Assistant Public Defender
Attorney, CollateralAppeals: Baya Harrison – Registry
Dates of Offenses: 08/23/90
08/25/90
08/27/90
Date of Sentence: 04/20/94
Circumstances ofOffense:
On August 24, 1990, in Gainesville, Florida, the subject armed with an automatic pistol and a knife, broke intothe apartment of two female college students, Sonya Larson and ChristinaPowell.
The subject discovered Ms.Powell sleeping on the couch downstairs. He then went upstairs and attackedMs. Larson while she was sleeping. The subject taped her mouth closed withduct tape and then stabbed her to death. He then proceeded downstairs where heattacked Ms. Powell. The subject then sexually battered her and stabbed herfive times on her back causing her death. He posed both victims and exited theapartment.
On August 25, 1990, thesubject broke into the apartment of Christa Hoyt, a female college student, byprying open the sliding glass door with a screwdriver. The subject hadpreviously observed the victim through her window the day before. Armed withhis gun and his knife, the subject then waited for the victim to arrive home. When the victim arrived home at approximately 11:00 a.m., the subject surprisedher and placed her in a chokehold to subdue her. The subject then taped hermouth shut and led her into the bedroom where, after cutting and tearing offher undergarments, he sexually battered her. The subject then stabbed her inthe back and the knife penetrated her heart. The subject decapitated the victimand positioned her head on a bookshelf in the apartment.
On August 27, 1990, thesubject entered a third apartment occupied by college roommates Manuel Taboada andTracy Paules by prying open their sliding glass door with a screwdriver. Armedonce again with the pistol and knife, the subject entered the bedroom of Mr.Taboada and attacked him in his sleep stabbing him in excess of 30 times. Ms.Paules, hearing the struggle, approached her roommate’s bedroom where sheobserved the subject attacking Mr. Taboada. She fled to her room and attemptedto lock her door. The subject followed the victim to her bedroom and brokethrough the door. The subject taped Ms. Paules’ mouth and hands and tore offher shirt. He sexually battered her and then killed her by stabbing her threetimes in the back.
Additional Information:
Incarceration History:
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence |
| 09/07/90 | ROBBERY W/FIREARM OR D/WEAPON | 09/18/91 | MARION | 9002111 | LIFE |
| 09/07/90 | POSS.FIREARM BY FELON | 09/18/91 | MARION | 9002111 | 15 Years |
| 09/02/90 | ROBBERY W/FIREARM OR D/WEAPON | 10/18/91 | HILLSBOROUGH | 9101932 | LIFE |
| 09/02/90 | ROBBERY W/FIREARM OR D/WEAPON | 10/18/91 | HILLSBOROUGH | 9101932 | LIFE |
| 09/02/90 | ROBBERY W/FIREARM OR D/WEAPON | 10/18/91 | HILLSBOROUGH | 9101932 | LIFE |
| 09/02/90 | ROBBERY W/FIREARM OR D/WEAPON(ATTEMPTED) | 10/18/91 | HILLSBOROUGH | 9101932 | 30 Years |
| 09/02/90 | AGG.ASSLT/LAW ENF/FIREFGT/INTK | 10/18/91 | HILLSBOROUGH | 9101932 | 30 Years |
| 09/02/90 | AGG.ASSLT/LAW ENF/FIREFGT/INTK | 10/18/91 | HILLSBOROUGH | 9101932 | 30 Years |
| 09/07/90 | BURG/DWELL/OCCUP.CONVEY | 10/18/91 | HILLSBOROUGH | 9014200 | 30 Years |
| 09/07/90 | GRAND THEFT MOTOR VEHICLE | 10/18/91 | HILLSBOROUGH | 9014200 | 10 Years |
| 09/02/90 | BURG/DWELL/OCCUP.CONVEY | 10/18/91 | HILLSBOROUGH | 9105620 | 30 Years |
| 09/01/90 | GRAND THEFT,$300 LESS &20,000 | 10/18/91 | HILLSBOROUGH | 9105621 | 10 Years |
Trial Summary:
09/07/90 Booked intothe Marion County Jail for unrelated charge (Case #90-21111)
11/15/91 Indicted bythe Grand Jury
06/09/92 Writtenplea of “not guilty” filed
07/02/92 Motion todismiss Grand Jury indictments
08/19/92 Courtdenied Motion to Dismiss Grand Jury indictments
02/15/94 Petition toenter a plea of Guilty filed
02/15/94 Pleaaccepted by the Court, defendant adjudicated guilty on all counts
03/24/94 Jury by a12-0 vote, recommended the death penalty
04/20/94 Rolling was sentenced as follows: Case#91-3832
Count I: First Degree Murder – Death
Count II: First Degree Murder – Death
Count III: First Degree Murder – Death
Count IV: First Degree Murder – Death
Count V: First Degree Murder – Death
Count VI: Sexual Battery – Life – 682 days credittime served
Count VII: Sexual Battery – Life – 682 days credittime served
Count VIII: Sexual Battery – Life – 682 days credittime served
Count IX: Armed Burglary of a Dwelling with a Battery – Life – 682 days credit time served; concurrent with Count VI
Count X: Armed Burglary of a Dwelling with a Battery – Life – 682 days credit time served; concurrent with Count VII consecutive toCounts VI and IX
Count XI: Armed Burglary of a Dwelling with a Battery – Life – 682 days credit time served; concurrent with Count VIII and consecutive toCounts VII and X, consecutive to any active sentence
Appeal Summary:
FloridaSupreme Court – Direct Appeal
FSC #83,638
695 So. 2d. 297
05/04/94 Appealfiled.
03/20/97 FloridaSupreme Court affirmed the convictions and sentences of death.
06/12/97 Motionfor Rehearing denied.
07/14/97 MandateIssued.
United StatesSupreme Court – Petition for Writ of Certiorari
USSC #97-5975
522 U.S. 984
09/10/97 Petitionfiled.
11/17/97 USSCdenied Petition.
State Circuit Court– 3.850 Motion
Circuit Court #91-3832
11/13/98 Motionfiled.
03/05/01 Motiondenied
FloridaSupreme Court – 3.850 Appeal
FSC #01-625
825 So.2d 293
03/20/01 Appealfiled.
06/27/02 FSCaffirmed the trial court’s denial of the 3.850 Motion.
08/23/02 Rehearingdenied.
09/23/02 Mandateissued.
United StatesDistrict Court, Northern District – Petition for Writ of HabeasCorpus
USDC #02CV98
08/26/02 Petitionfiled.
07/01/05 Petitiondenied.
United StatesCourt of Appeals, 11th Circuit – Habeas Corpus Appeal
USCA# 05-14252
08/01/05 Appealfiled.
02/09/06 USCAaffirmed the denial of the habeas petition.
03/13/06 Mandateissued.
United StatesSupreme Court – Petition for Writ of Certiorari
USSC# 05-10877
05/09/06 Petitionfiled.
06/26/06 USSCdenied the petition.
Circuit Court –3.851 Motion
CC# 91-3832
10/04/06 Motionfiled.
10/09/06 CCdenied motion.
FloridaSupreme Court – 3.851 Motion Appeal
FSC# 06-1966
10/10/06 Appealfiled.
10/18/06 FSCaffirmed denial of motion.
U.S.Supreme Court – Petition for Writ of Certiorari & Stay of Execution
USSC# 06-7284
(Pending)
10/23/06 Petitionfiled.
Warrants:
09/22/06 GovernorBush signed a death warrant. Execution scheduled for 10/25/06.
10/25/06 Executed.
Clemency:
Baya Harrison wasappointed to represent the defendant in all clemency proceedings.
Case Information:
Rolling filed his DirectAppeal in the Florida Supreme Court on 05/04/94. On 03/20/97, the FloridaSupreme Court affirmed Rolling’s convictions and sentences of death. Rollingraised on Direct Appeal six claims of error asserting that the trial court;abused its discretion in denying change of venue, erred in denying the motionto suppress the defendant’s statements that were made without counsel, erred indenying his motion to sever each case and hold three separate sentencinghearings, erred in denying Rolling’s motion to suppress physical evidenceconfiscated at his camp without a warrant, erred in considering the murder ofSonja Larson as heinous atrocious and cruel and finding that to be anaggravating factor, giving improper jury instruction regarding the HAC rule.The Florida Supreme Court denied relief and affirmed Rolling’s sentence ofdeath. Justice Anstead concurred on all claims, with the exception of thechange of venue. He provided a written dissenting opinion, stating that Rollingwas entitled to a change of venue.
On 09/10/97, a Petitionfor Writ of Certiorari was filed in the United States Supreme Court, which wasdenied on 11/17/97.
On 11/13/98, Rolling fileda 3.850 Motion in the State Circuit Court. Rolling argued he is entitled to anew penalty phase due to ineffective assistance of trial counsel, for failingto request a change of venue within the appropriate time frame. The change ofvenue motion was filed on the 6th day of jury selection afterRolling had pled guilty to all of the charges. The trial court denied thismotion due to the late filing date and the proceedings were held in the countywhere the offenses occurred. Rolling’s counsel argued that due to the error ofthe defendant’s trial counsel, it was impossible for him to obtain a fairsentence due to the prejudicial and inflamed nature of the community. The Courtheld a Huff hearing on 12/01/99. Judge Morris subsequently denied the 3.850Motion on 03/05/01. Rolling appealed the trial court’s 3.850 denial to theFlorida Supreme Court on 03/20/01.
On 06/27/02, the FloridaSupreme Court affirmed the trial court’s denial of the 3.850.
On 08/26/02, Rolling fileda Petition for Writ of Habeas Corpus in the United States District Court, whichwas denied on 07/01/05.
Rolling filed a HabeasAppeal in the United States Court of Appeals, 11th Circuit on08/01/05. On 02/09/06, the USCA affirmed the denial of Rolling’s petition forwrit of habeas corpus.
On 05/09/06, Rolling fileda Petition for Writ of Certiorari in the United States Supreme Court that wasdenied on 06/26/06.
On 09/22/06, Governor Bushsigned a death warrant for Rolling, and the execution is scheduled for10/25/06.
Rolling filed a 3.851Motion in the Circuit Court on 10/04/06 that was denied on 10/09/06.
Rolling filed a 3.851Motion Appeal in the Florida Supreme Court on 10/10/06, citing claims of usingthe cruel and unusual punishment of lethal injection, violating free speech,and failing to determine that the ABA report finding errors in Florida’s death penalty is new evidence. On 10/18/06, the FSC affirmed the denial of themotion.
Rolling filed a Petitionfor Writ of Certiorari and Stay of Execution in the U.S. Supreme Court on10/23/06 that was denied on 10/25/06.
Rolling was executed on10/25/06.
InstitutionalAdjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
05/03/94 10 POSSOF CONTRABAND FSP
06/29/00 0 UNARMEDASSAULT FSP
01/15/02 90 UNARMEDASSAULT UNION C. I.
08/11/03 30 FIGHTING UNION C. I.
Report Date 02/22/01 –WHS
Updated 10/25/06– JFL