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.
WAINWRIGHT, Anthony Floyd (W/M)
DC # 123847
DOB: 10/22/70
Third Judicial Circuit, Hamilton County, Case #94-150-CF2
(Venue changed to Fourth Judicial Circuit, Clay County)
Sentencing Judge: The Honorable E. Vernon Douglas
Attorneys, Trial: Clyde M. Taylor, Jr., Esq. & SeanOwens, Esq.
Attorney, Direct Appeal: Steven Seliger, Esq.
Attorney, Collateral Appeals: Joseph T. Hobson – Registry
Date of Offense: 04/27/94
Date of Sentence (Counts II-IV): 06/01/95
Date of Sentence (Count I): 06/12/95
Circumstances of Offense:
Anthony Wainwright and Richard Hamilton escaped from a NorthCarolina prison, stole guns and a Cadillac then traveled to Florida. On04/27/94 the car overheated in Lake City. At this point, they kidnapped CarmenGayheart, a young mother of two, at gunpoint from a Winn-Dixie parking lot andstole her Ford Bronco. The two men raped and strangled Gayheart and thenshot her twice in the back of the head.
On 04/28/94, Wainwright and Hamilton were arrested inMississippi after a shootout with police. Upon capture, Wainwrightadmitted to authorities that after kidnapping and robbing Gayheart, he rapedher, despite that fact that he has AIDS. Wainwright denied he wasinvolved in the strangling and shooting of the victim.
Codefendant Information:
Richard Hamilton
Richard Hamilton was convicted of First-Degree Murder, ArmedRobbery, Armed Kidnapping, and Armed Sexual Battery. He was sentenced todeath for the murder of Carmen Gayheart and to life imprisonment on the otherconvictions.
Trial Summary:
07/15/94 Defendant indicted on the following charges:
Count I: First-DegreeMurder (Carmen Gayheart)
Count II: Armed Robbery
Count III: Armed Kidnapping
Count IV: Armed Sexual Assault
05/30/95 The jury found the defendant guilty on all counts.
06/01/95 Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the deathpenalty.
06/01/95 The defendant was sentenced as follows:
Count II: Armed Robbery – Life
Count III: Armed Kidnapping – Life
Count IV: Armed Sexual Assault – Life
06/12/95 The defendant was sentenced as follows:
Count I: First-Degree Murder (Carmen Gayheart) – Death
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC #86,022
704 So 2d. 511 (Fla. 1997)
07/10/95 Appeal filed
11/13/97 FSC affirmed Wainwright’s convictions and sentence of death
01/16/98 Rehearing denied
02/16/98 Mandate issued
United States Supreme Court - Petition for Writ ofCertiorari
USSC #97-8324
523 U.S. 1127 (U.S. 1998)
03/16/98 Petition filed
05/18/98 Petition denied
State Circuit Court - 3.850 Motion
CC #94-150
05/14/99 Motion filed
04/19/02 Motion denied
Florida Supreme Court - 3.850 Appeal
FSC #SC02-1342
896 So.2d 695
06/14/02 Appeal filed
11/24/04 Affirm denial of 3.850 Motion
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# SC02-2021
896 So.2d 695
09/11/02 Petition filed
11/24/04 Petition denied
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC #05-276
03/29/05 Petition filed
05/23/05 Amended petition filed
03/13/06 Dismissed with prejudice
United States Court of Appeals, 11th Circuit—HabeasAppeal
USCA# 06-13453
537 F.3d 1282
10/16/06 Appeal filed
11/13/07 USCA affirmed denial of the petition
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 05-5025
546 U.S. 878 (U.S. 2005)
05/31/05 Petition filed
10/03/05 Petition denied
State Circuit Court - 3.851 Motion
CC #94-150-CF-B
07/16/07 Motion filed
09/19/07 Motion denied
Florida Supreme Court - 3.851 Appeal
FSC #07-2005
2 So.3d 948
10/23/07 Appeal filed
11/26/08 Disposition affirmed
12/11/08 Motion for Rehearing
02/06/09 Rehearing denied
02/24/09 Mandate issued
State Circuit Court - 3.850 Motion
CC #94-150-CF-B
05/26/09 Motion filed
06/15/09 Motion denied
06/22/09 Motion for rehearing filed
07/22/09 Motion for rehearing denied
Florida Supreme Court – 3.850 Appeal
FSC #09-1411
43 So.3d 45
07/30/09 Appeal filed
05/06/10 Disposition affirmed
State Circuit Court - 3.850 Motion (Pro Se)
CC #94-150-CF-B
08/09/10 Motion filed
08/26/10 Motion denied
Florida Supreme Court – 3.850 Appeal
SC11-221
02/02/11 Pro Se Appeal filed
03/14/11 Pro Se Appeal stricken and case dismissed
Factors Contributing to the Delay in the Imposition ofthe Sentence:
Wainwright’s 1999 3.850 Motion took approximately threeyears to reach a disposition.
Case Information:
On 07/10/95, Anthony Wainwright filed a Direct Appeal in theFlorida Supreme Court. In the appeal, he argued that the trial courterred in admitting his post-arrest statements to police. The State agreednot to seek the death penalty if Wainwright could meet three criteria: (1) hedid not contribute to Gayheart’s death, (2) he was truthful in hisconversations with the police and, (3) he passed a polygraph test. Pertheir agreement, Wainwright made a series of incriminating statements to policeand ultimately admitted to sexually assaulting Gayheart. After consultinghis attorney, Wainwright refused to take the polygraph exam and after that,police had no further contact with him. The Florida Supreme Courtdetermined that no error occurred when the trial court refused to suppressthese statements because Wainwright did not adhere to or meet the threecriteria of the deal proposed by the State and, therefore, no agreement hadbeen finalized. Wainwright also argued in his Direct Appeal that thetrial court erred by admitting additional DNA evidence once the trial had begunand that the State did not establish corpus delecti[1]for the sexual battery charge, thus making his confession inadmissible. Finally, Wainwright asserted that the trial court erred in sentencing him onhis three non-capital felony convictions. On the sentencing forms, thetrial court checked the blanks requiring Wainwright to serve a 25-yearmandatory minimum on each of the three counts and the blanks that allowed thetrial court to retain jurisdiction. The State agreed that this was errorand, as such, the Florida Supreme Court ordered that the trial court’ssentencing order form be altered to reflect that no minimum-mandatory termswere imposed and that there was no retention of jurisdiction by the trialcourt. The Florida Supreme Court affirmed Wainwright’s convictions andsentence of death on 11/13/97.
On 03/16/98, Wainwright filed a Petition for Writ ofCertiorari in the United States Supreme Court, which was subsequently denied on05/18/98.
On 05/14/99, Wainwright filed a 3.850 Motion in the StateCircuit Court. Wainwright argued several issues in his motion. Hecontended that his trial counsel was ineffective regarding the admission ofadditional DNA evidence, regarding Wainwright’s statements and admissions;regarding evidence of Wainwright’s out of state crimes; regarding a microphonediscovered in Wainwright’s cell. The trial counsel was also argued to beineffective for failing to object to the prosecutor’s argument at the guilt andpenalty phases; for failing to maintain proper attorney-client relationship;failing to object to an error; failing to prepare for trial, introducingstatements of the codefendent, committing an alleged discovery violation andcounsel’s illness during trial also rendered him ineffective. Wainwright alsocontended that his initial counsel was ineffective in pretrialpreparation. The Motion was denied on 04/19/02. Wainwright thenfiled an appeal of that decision in the Florida Supreme Court on 06/14/02. On11/24/04, the Court affirmed the denial of the Motion.
On 09/11/02, Wainwright filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court. Wainwright contended that Florida’scapital sentencing scheme is unconstitutional and that error occurred in hiscounsel’s failure to raise an issue involving the felony murder juryinstruction. All of Wainwright’s claims were procedurally barred orlacked merit. On 11/24/04 the petition was denied.
Wainwright filed a Petition for Writ of Habeas Corpus in theUnited States District Court, Middle District on 03/29/05. The petitionwas dismissed with prejudice on 03/13/06.
Wainwright filed a Petition for Writ of Habeas Corpus appealin the United States Court of Appeals on 10/16/06. On 11/13/07, the Courtaffirmed the denial of Wainwright’s petition.
On 05/31/05, Wainwright filed a Petition for Writ ofCertiorari in the United States Supreme Court. The petition was denied on10/03/05.
On 07/16/07, Wainwright filed a 3.851 Motion to VacateJudgment and Sentence in the Circuit Court. This motion was denied on09/19/07.
On 10/23/07, Wainwright filed a 3.851 appeal in the FloridaSupreme Court which was denied on 11/26/08. On 12/11/08, Wainwright fileda Motion for Rehearing, which was denied on 02/06/09. On 02/24/09, theFlorida Supreme Court issued a mandate in accordance with the opinion publishedon 11/26/08.
On 5/26/09, Wainwright filed a 3.850 Successive Motion toVacate Judgment and Sentence in the circuit court, and the motion was denied on06/15/09. On 06/22/09, Wainwright filed a Motion for Rehearing; themotion was denied on 07/22/09.
On 07/30/09, Wainwright filed a 3.850 appeal in the FloridaSupreme Court. The Florida Supreme Court affirmed the disposition of thecircuit court on 05/06/10.
On 08/09/10, Wainwright filed a 3.850 Motion forPostconviction Relief (Pro Se); the motion was denied on 08/26/10.
On 02/02/11, Wainwright filed a Pro Se 3.850 appeal in theFlorida Supreme Court. On 03/14/11, the Florida Supreme Court struck the ProSe 3.850 appeal as an unauthorized impermissible pro se filing and dismissedthe case.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
08/16/97 0 POSS OFCONTRABAND FSP
04/19/98 60 DEST. OF ST.PROP. FSP
11/18/99 180 UNARMEDASSAULT FSP
_______________________________________________________________________
Reported: 07/17/02 EW
Approved: 07/23/02 WS
Updated: 03/30/11 MJH
[1] Corpus delecti – The doctrine in criminal law thatprohibits a prosecutor from introducing a defendant's confession until all theelements of the crime have been presented to the jury.