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.
TOMPKINS, Wayne (W/M)
DC# 099350
DOB: 03/12/57
Thirteenth Judicial Circuit,Hillsborough County, Case #84-10538 A
Sentencing Judge: TheHonorable Harry Lee Coe III
Trial Attorney: Daniel M.Hernandez
Direct Appeal: Robert F.Moeller
Collateral Appeals: MartinMcClain and Todd Scher – CCRC-S
Date of Offense: 03/24/83
Date of Sentence: 09/19/85
Date of Execution: 02/11/09
Circumstances of Offense:
Approximately two years priorto the offense, the defendant had lived with the sixteen- year- old victim’smother and her other children. The relationship between the defendant and thevictim’s mother, his girlfriend, was characterized as a difficult relationship.
On the day of the offense, the victim’s mother and thedefendant were at the defendant’s mother’s house assisting her in packing tomove. The defendant went home several times during the day to obtainnewspapers to use in packing. The defendant returned later in the day, aftergoing home, and reported that the victim had “run away.”
The victim’s friend, who wentto the victim’s residence that day, stated she observed the defendant on top ofthe victim. She claimed the victim was struggling and screaming for help, andthe subject was fondling her and pulling at her bathrobe. The friend,however, did not report the incident to the police until the investigation wasunderway.
The defendant admitted to hiscellmate, in 1985, that he forcefully attempted to have sexual intercourse withthe victim, who resisted his advances and fought him. The defendant claimedthat due to the victim’s resistance, he strangled her and then buried her undertheir residence. Medical testimony indicated that the cause of death wasasphyxiation by strangulation.
On June 5, 1984, the decomposed body was found buriedunderneath the residence.
Additional Information:
| Current Prison Sentence History: |
| Offense Date | Offense | Sentence Date | County | Case No. | Sentence Length |
| 05/13/84 | KIDNAP;COMM.OR FAC.FELONY | 11/29/84 | PASCO | 8401131 | 8 Years |
| 05/13/84 | SEX BAT/ WPN. OR FORCE | 11/29/84 | PASCO | 8401131 | 8 Years |
| 04/07/84 | ROBB. GUN/DEADLY WPN | 01/14/85 | PASCO | 8401137 | 9 Years |
| 04/07/84 | KIDNAP;COMM.OR FAC.FELONY | 01/14/85 | PASCO | 8401137 | 9 Years |
| 04/07/84 | SEX BAT/COERCES BY THREAT | 01/14/85 | PASCO | 8401137 | 9 Years |
The subjectwas arrested and convicted of two additional felony offenses and sentencedprior to the capital offense. Please note the subject’s sentence for theabove-referenced cases has expired.
On May 13, 1984, the subjectrobbed a convenience store clerk at knifepoint and sexually assaulted her.
On April 7, 1984, the subjectwent into a convenience store and robbed the female clerk, abducted her atknifepoint and sexually assaulted her.
Trial Summary:
05/30/84 Tompkins was arrested in PascoCounty on other charges.
09/14/84 Tompkins was arrested on the murdercharge after being transferred to the Hillsborough County Jail.
10/31/84 Court appointed Cass MichaelCastillo as private counsel to represent Tompkins.
01/08/85 Court granted Motion to Withdraw filedby attorney Cass Michael Castillo as attorney Castillo accepted position withState Attorney’s Office.
04/22/85 Court granted Motion to Withdrawfiled by attorney James V. Dominguez for personal reasons.
09/19/85 Tompkins was found guilty by thetrial jury.
Upon Advisory Sentencing, the jury, by a vote of 12-0,recommended the death penalty.
09/19/85 The defendant was sentenced asfollows:
Count I: Murder in the First Degree – Death
Appellate Summary:
Florida Supreme Court – DirectAppeal
FSC #67,974
502 So.2d 415
12/02/85 Appeal filed.
12/30/86 FSCaffirmed the conviction and sentence of death.
03/09/87 Motion forrehearing denied.
04/09/87 Mandateissued.
United States Supreme Court –Petition for Writ of Certiorari
USSC #86-6921
483 U.S. 1033
05/27/87 Petition filed.
06/26/87 USSC denied the petition.
Florida Supreme Court – Petitionfor Writ of Habeas Corpus
FSC #74,098
549 So.2d 1370
05/01/89 Petitionfiled.
09/14/89 FSC deniedpetition.
11/06/89 FSC deniedMotion for Rehearing.
11/06/89 MandateIssued.
State Circuit Court –3.850 Motion
CC #84-10538A
05/01/89 Motionfiled.
05/22/89 Motion denied.
Florida Supreme Court – Appeal of3.850 Denial
FSC #74,235
594 So.2d 1370
05/30/89 Appealfiled.
09/14/89 FSCaffirmed the Trial Court’s denial of 3.850 Motion.
11/06/89 Motion forrehearing denied.
11/06/89 Mandateissued.
United States Supreme Court –Petition for Writ of Certiorari
USSC #89-6166
493 U.S. 1093
11/30/89 Petitionfiled.
02/20/90 USSC deniedpetition.
United States District Court (Middle District) – Petitionfor Writ of Habeas Corpus
USDC #89-1638-Civ-T-21B
12/11/89 Petitionfiled.
04/17/98 USDC deniedpetition.
08/25/98 USDC deniedmotion for rehearing.
United States Court of Appeals(11th Circuit) – Appeal of Habeas Denial
USCA#98-3367
193 F. 3d 1327
09/30/98 Appealfiled.
10/29/99 USCAaffirms the District Court’s denial of the Habeas Petition
01/14/00 USCA denied motion for rehearing.
01/25/00 Mandate Issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #99-10113
531 U.S. 861
06/12/00 Petitionfiled.
10/02/00 Petition denied.
State Circuit Court –3.850 Motion
CC #84-10538A
04/16/01 Motionfiled.
04/18/01 Evidentiary hearing held.
04/25/01 Motion granted in part denied in part.New penalty phase granted.
Florida Supreme Court, Appeal of 3.850 Denial
FSC# 01-1619
872 So.2d 230 (2003)
07/27/01 Appeal filed.
10/09/03 FSCaffirmed the portion denying the 3.850 motion and reversed the portion grantinga new penalty phase.
07/26/04 Mandateissued.
State Circuit Court –3.850 Motion
CC #84-10538A
02/05/03 Motionfiled.
08/22/03 Motiondismissed.
State Circuit Court –3.853 Motion
CC #84-10538A
02/05/03 Motionfiled.
08/22/03 Motiondismissed.
Florida Supreme Court – 3.853 Motion Appeal
FSC# 03-1902
894 So. 2d 857
10/24/03 Appeal filed.
01/20/05 FSC affirmed the denial of Tompkins3.853 Appeal.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 04-519
895 So. 2d 1068
03/26/04 Appeal filed.
12/21/04 Appeal denied.
Circuit Court – 3.850 Motion
84-10538A
03/18/05 Motion filed.
10/05/05 Motion denied.
Florida Supreme Court – 3.850 Motion Appeal
FSC# 06-277
980 So.2d 451
02/10/06 Appeal filed.
05/10/07 FSC affirmed denial of motion.
07/16/07 Rehearingdenied.
08/02/07 Mandateissued.
Circuit Court – 3.850 Motion
CC# 84-10538A
08/29/07 Motion filed.
12/21/07 Amended Motion filed.
03/18/08 Motion denied.
04/02/08 Motion for Rehearing filed.
04/08/08 Rehearing denied.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 07-7171
128 S.Ct. 895 (2008)
10/15/07 Petition filed.
01/07/08 Petition denied.
Florida Supreme Court –3.851 Motion Appeal
FSC# 08-992
994 So.2d 1072
05/29/08 Appealfiled.
10/06/08 Executionstayed until 11/08/08 to allow for brief filings.
11/07/08 Dispositionaffirmed.
11/07/08 Mandateentered.
11/13/08 Stay ofexecution lifted.
Circuit Court – 3.851Motion
CC# 84-10538A
10/15/08 Motionfiled.
10/21/08 Motiondenied.
Florida Supreme Court –3.851 Motion Appeal
FSC# 08-1979
994 So.2d 1072
10/22/08 Appealfiled.
11/07/08 Dispositionaffirmed.
11/07/08 Mandateentered.
Florida Supreme Court –All Writs Petition
FSC# 08-2000
994 So.2d 1072
10/24/08 Petitionfiled.
11/07/08 Petitiondenied.
United States DistrictCourt (Middle District) – Habeas Petition
USDC# 08-2212
11/04/08 Petitionfiled.
11/05/08 Secretaryfiled Motion to Dismiss.
11/07/08 Petitiondismissed.
11/10/08 AmendedOrder dismissing Petition filed.
11/19/08 Motion toAlter or Amend filed.
11/25/08 Motion toAlter or Amend denied.
Florida Supreme Court –All Writs Petition and Application for Stay of Execution
FSC# 09-215
02/09/09 Petitionfiled.
02/09/09 Applicationfor Stay of Execution filed.
02/11/09 Petitionand Application denied.
Florida Supreme Court –3.853 Appeal
FSC# 09-233
02/10/09 Appealfiled.
02/11/09 Dispositionaffirmed.
United State SupremeCourt – Certiorari Petition
USSC# 08-8614
02/11/09 Petitionfiled.
02/11/09 Applicationfor Stay of Execution filed.
02/11/09 Petitiondenied.
Clemency
03/23/88 Hearing held before the Executive Clemency Board. (Denied)
Warrants:
03/30/89 Deathwarrant signed by Governor Bob Martinez.
06/02/89 FloridaSupreme Court granted a Stay of Execution.
11/09/89 Deathwarrant signed by Governor Bob Martinez.
12/11/89 UnitedStates District Court grants a Stay of Execution.
03/22/01 DeathWarrant signed by Governor Jeb Bush
04/19/01 CircuitCourt granted Stay of Execution.
Executionscheduled for Tuesday, October 23, 2008, at 6:00 p.m.
10/06/08 FloridaSupreme Court stayed execution until Tuesday, November 18, 2008 to allow forbrief filings.
11/13/08 FloridaSupreme Court lifted stay of execution.
Executionscheduled for Wednesday, February 11, 2009, at 6:00 p.m.
FactorsContributing to the Delay in Imposition of Sentence:
The delay in execution ofsentence may be attributed to the amount of time that it took to process thedefendant’s federal Habeas petition, which was filed in 1989 and subsequentlydenied in 1998.
Case History:
Tompkins filed his DirectAppeal on 12/02/85. The Florida Supreme Court affirmed his conviction andsentence on 12/30/86. Tompkins challenged his conviction on four claims, theinappropriate admission of his confession to his cellmate, who was allegedlyacting as a state agent, the Court violated the defendant’s right tocross-examine certain witnesses, the trial court erred in allowing the State toillicit certain testimony from the victim’s mother on redirect examination, andthe argument that death qualified juries are unconstitutional. Tompkinsadditionally claimed that the trial court made six errors during the penaltyphase. The Florida Supreme Court found no reversible errors and subsequentlyaffirmed the conviction and sentence. Tompkins filed a Petition for Writ ofCertiorari, which was denied on 06/26/87.
Tompkins simultaneously fileda Petition for Habeas Corpus in the Florida Supreme Court and a 3.850 Motion inState Circuit Court on 05/01/89. The trial court denied the motion on 05/22/89.Tompkins then filed an appeal of the Trial Court’s denial of the 3.850 motionto the Florida Supreme Court. In his 3.850 Motion, one of the nineteen claimsthat Tompkins raised was ineffective assistance of counsel. This argumentencompassed five claims. The trial court found and the Supreme Court agreedthat the trial attorney was deficient in investigating and presenting evidenceof mitigation in the penalty phase. The trial court held that the mitigatingevidence overlooked by the trial counsel would not have changed the outcome ofthe trial. On 09/14/89, the Florida Supreme Court denied the Habeas Petitionand affirmed the Trial Court’s 3.850 denial.
Certiorari in the UnitedStates Supreme Court was denied on 02/20/90.
Tompkins filed a Petition forHabeas Corpus in The United State’s District Court on 12/11/89. This appealremained pending in this court until 04/17/98 when the District Court deniedthe petition. Tompkins appealed this denial to the United States Court ofAppeals on 09/30/98. The Court of Appeals affirmed the District Court’s denialon 10/29/99, and denied the motion for rehearing on 12/10/99. A Mandate wasissued on 01/25/00.
Tompkins filed a Petition forWrit of Certiorari on 06/12/00 that was denied on 10/02/00.
Governor Jeb Bush signed aDeath Warrant on 03/22/01.
Tompkins filed a 3.850 Motionin circuit court on 04/16/01. The court held a Huff hearing on 04/17/01. AnEvidentiary hearing was held on 04/18/01.On 04/19/01 the court granted a Stayof Execution, and on 04/25/01 the court entered an Order granting, in part, anddenying, in part, Tompkins motion and granting a new penalty phase.
Tompkins filed a 3.850 Appealwith the Florida Supreme Court on 07/27/02. On 10/09/03, the FloridaSupreme Court affirmed the portion denying the 3.850 motion and reversed theportion granting a new penalty phase.
Tompkins filed 3.850 and 3.853 (DNA) motions in thecircuit court on 02/05/03. Both motions were dismissed 08/22/03.
Tompkins filed a 3.853 (DNA) Appeal in the FloridaSupreme Court on 10/24/04. On 01/20/05, the Florida Supreme Courtaffirmed the denial of Tompkins 3.853 Appeal and granted 60 days to re-file asuccessive motion.
Tompkins filed a Petition for Writ of Habeas Corpus inthe Florida Supreme Court on 03/26/04. He raised claims based on Wigginsv. Smith, Crawford v. Washington and Ring v. Arizona. The petition was denied on 12/21/04.
On 03/18/05, Tompkins filed a3.850 Motion in the Circuit Court. The motion was denied on 10/05/05.
On 02/10/06, Tompkins filed a3.850 Motion Appeal in the Florida Supreme Court. On 05/10/07, the FSCaffirmed the denial of the motion. Tompkins’ Motion for Rehearing wasdenied 07/16/07. The Florida Supreme Court issued a mandate in this caseon 08/02/07.
On 08/29/07, Tompkins filed a3.851 Motion in the Circuit Court and an amended motion on 12/21/07. Thismotion was denied on 03/18/08. On 04/02/08, Tompkins filed a Motion forRehearing in the Circuit Court; this motion was denied on 04/08/08.
On 10/15/07, Tompkins filed apetition for Writ of Certiorari in the United States Supreme Court. Thispetition was denied on 01/07/08.
On 05/29/08, Tompkins filed a3.851 Appeal in the Florida Supreme Court. On 10/06/08, the FloridaSupreme Court granted a stay of execution. On 11/07/08, the Florida SupremeCourt affirmed the disposition of the lower court and entered a mandate in thiscase. On 11/13/08, the stay of execution was lifted.
On 10/15/08, Tompkins filed a3.851 Motion in the State Circuit Court. This motion was denied on 10/21/08.
On 10/22/08, Tompkins filed a3.851 Appeal in the Florida Supreme Court. On 11/07/08, the Florida SupremeCourt affirmed the disposition of the lower court and entered a mandate in thiscase.
On 10/24/08, Tompkins filed aPetition to Invoke the Court’s All Writs Jurisdiction. On 11/07/08, theFlorida Supreme Court denied this petition.
On 11/04/08, Tompkins filed aHabeas Petition in the United States District Court, Middle District. On11/05/08, the Florida Department of Corrections filed a motion to dismiss thispetition. On 11/07/08, the United States District Court dismissed thispetition and on 11/10/08 entered an Amended Order dismissing this petition. On11/19/08, Topkins filed a Motion to Alter or Amend, which was denied on11/25/08.
On 02/09/09, Tompkins filedan All Writs Petition and an Application for Stay of Execution. On 02/11/09,the Florida Supreme Court denied the All Writs Petition and Application forStay of Execution in a joint order combining these motions and the 3.853Appeal.
On 02/10/09, Tompkins filed a3.853 Appeal in the Florida Supreme Court. On 02/11/09, the Florida SupremeCourt denied the 3.853 Appeal in a joint order combining this appeal with theAll Writs Petition and the Stay of Execution.
On 02/11/09, Tompkins filed aPetition for Writ of Certiorari in the United States Supreme Court and anApplication for Stay of Execution. These motion were denied on 02/11/09.
Report Date: 03/16/01 WHS
Updated: 07/29/04 EMC
Updated: 02/17/09 AEH