The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Last NameFirst NamePictureDC NumberAgencyCase Summary
TompkinsWayne 099350CCRC-SCase Summary

Last Action

DateCourtCase NumberLast Action
2/11/2009  Executed
10/24/2008FSC08-2000Petition for All Writs Jurisdiction filed
10/28/2008FSC08-2000Response brief filed
10/30/2008FSC08-2000Reply brief filed
11/7/2008FSC08-2000All Writs Petition denied
11/5/2008USDC-M08-2212Motion to dismiss filed by DOC
11/7/2008USDC-M08-2212Petition dismissed
11/10/2008USDC-M08-2212Amended Order dismissing petition entered
11/19/2008USDC-M08-2212Motion to Alter or Amend filed
11/25/2008USDC-M08-2212Motion to Alter or Amend denied
1/31/2009USSC08-8614Application to extend time to file Petition for Writ of Certiorari (from 02/05/09 to 04/06/09)
2/4/2009USSC08-8614Extension of time to file Petition for Writ of Certiorari granted (due 04/06/09)
2/11/2009USSC08-8614Petition for Writ of Certiorari filed
2/11/2009USSC08-8614Application for Stay of Execution filed
2/11/2009USSC08-8614Petition and Stay denied
10/6/2008FSC08-992Execution stayed until 11/18/08
10/23/2008FSC08-992Initial brief filed
10/24/2008FSC08-992Answer brief filed
10/29/2008FSC08-992Reply brief filed
11/3/2008FSC08-992Motion to relinquish jurisdiction to State Court filed
11/7/2008FSC08-992Disposition affirmed
11/7/2008FSC08-992Mandate entered
11/7/2008FSC08-992Stay of execution lifted
2/9/2009FSC09-215All Writs Petition filed and Application for Stay of Execution
2/9/2009FSC09-215State's Response to Application for Stay of Execution filed
2/11/2009FSC09-215All Writs Petition denied; Application for Stay of Execution denied
2/10/2009FSC09-2333.853 Appeal filed
2/11/2009FSC09-233Disposition affirmed, 3.853 motion denied
10/15/2008CC84-105383.851 Motion filed
10/21/2008CC84-10538Motion denied

Current Attorney


Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links


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.



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


Sentence Date


Case No.

Sentence Length






8 Years






8 Years






9 Years






9 Years






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


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



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.




03/23/88         Hearing held before the Executive Clemency Board. (Denied)




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