The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor statistical or legal purposes.

MILLER, Jr., David (B/M)

DC#    J08118

DOB:  09/06/1959

Fourth Judicial Circuit, Duval County, Case# 97-6680 CFA

Sentencing Judge:  The Honorable L. Haldane Taylor

Trial Attorney:  Refik W. Elder – Private

Attorney, Direct Appeal:  W.C. McLain – Assistant PublicDefender

Attorney, Collateral Appeals:  Robert A. Norgard –Registry

Date of Offense:  03/06/97

Date of Sentence:  07/24/98

Circumstances of the Offense:

In June of 1997, the defendant told a police officer inLouisiana that he had killed an individual in Jacksonville, Florida.  Herevealed that he had beaten a man to death during a robbery.  Miller metwith a detective, was informed of his rights, and recounted the events of04/04/97.

Prior to the incident, Miller stated he drank three to fourquarts of beer and had smoked ten dollars worth of crack cocaine.  Hestated that he then began to look for money and more beer.  He found adented six-foot pipe in a park. Miller then walked behind a building and saw aman sleeping under a blanket.  He stated that he did not intend to rob thevictim until he was standing over him with the pipe.  Miller asserted thathe hit the victim, Albert Floyd, with the pipe to disable him and avoid astruggle.  Miller stressed that his intention was not to kill the man. He struck the man again to avoid resistance. His reasoning was thathomeless people carried guns and knives, and his objective was to preventinjury to himself.

The woman sleeping next to Mr. Floyd was Linda Fullwood. Ms. Fullwood stated that she woke up to find a man beating Mr. Floyd witheither a stick or a pipe.  Ms. Fullwood screamed and Miller struck herwith the pipe.  Miller stated that he acted without thinking and hitFullwood instinctively.  Jimmy Hall, who was walking along Duval Street,heard Ms. Fullwood’s screams and ran to the scene.  Mr. Hall stated thathe saw a man beating two people with a pipe.  He estimated the pipe wasfour to five feet long with a bent end. Mr. Hall saw the assailant using bothof his hands to swing the pipe.  Mr. Hall yelled for the assailant tostop.  Miller stated that when Mr.  Hall yelled, he realized what hewas doing and fled.  Mr. Floyd died from three blows to the head, whichfractured his skull and penetrated the brain.

Miller stated that he turned himself in because he thoughtthat the victim’s family was looking for him, his conscience was bothering him,he knew what he did was wrong, and he wanted to apologize to the victim’sfamily.  Once Miller was transferred to Jacksonville, Miller showed a detectivethe scene of the crime along with walking the detective through the events ofthe crime.

Trial Summary:

06/26/97         The defendant was indicted on the following:

                                   Count I:          First-Degree Murder (Albert Floyd)

                                   Count II:         Aggravated Batterywith a deadly weapon

06/25/98         Defendant was found guilty by the trial jury of First-Degree Murder

07/14/98         The jury recommended death by a vote of 7-5

07/24/98         Defendant was sentenced as follows:

                                   Count I:           FirstDegree Murder – Death

                                   Count II:         Aggravated Batterywith a deadly weapon – 25 years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 93,792

770 So. 2d 1144

08/27/98         Appeal filed

08/31/00         FSC affirmed the conviction and death sentence

10/24/00         Rehearing denied

12/01/00         Mandate issued

State Circuit Court – 3.850 Motion

CC# 97-6680 CFA

09/27/01         Motion filed

03/11/02         Amended motion filed

04/22/04         Motion denied

Florida Supreme Court – 3.850 Appeal

FSC# 04-892

926 So.2d 1243

05/24/04         Appeal filed

03/23/06         FSC affirmed the trial court’s denial of 3.850 Motion

04/13/06         Mandate issued

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 05-472  

926 So.2d 1243

03/17/05         Petition filed

03/23/06         Petition denied

04/13/06         Mandate issued

Case Information:

Miller filed a Direct Appeal to the Florida Supreme Court on8/27/98.  Three main issues were raised:  whether the trial courterred in denying the appellant’s motion for judgment of acquittal onpremeditation, declining to find certain nonstatutory mitigating circumstancesand whether the sentence was proportionate.  The Court found that thetrial court properly denied the defendant’s motion and did not commitreversible error in regard to nonstatutory mitigating factors and that thesentence was proportionate, thereby affirming Miller conviction and sentence on08/31/00.

On 09/27/01, Miller filed a 3.850 Motion to the CircuitCourt, which was denied on 04/22/04.

On 05/24/04, Miller filed a 3.850 Appeal to the FloridaSupreme Court.  On 03/23/06, the Court affirmed the trial court’s denialof Miller’s 3.850 Motion.  The mandate was issued on 04/13/06.

Miller filed a Petition for Writ of Habeas Corpus to theFlorida Supreme Court on 03/17/05, which was denied on 03/23/06.  Themandate was issued on 04/13/06.

Institutional Adjustments:

DATE            DAYS            VIOLATION                        LOCATION      

--------             ----                  -----------------              -------------------

Report Date:  08/23/01          NMP

Approved:      10/10/01          WS

Updated:        04/24/06          NRC