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MOORE, Thomas James (B/M)

DC#    116335

DOB:  04/20/73

Fourth Judicial Circuit, Duval County, Case# 93-1659 CF

Sentencing Judge:  The Honorable John D. Southwood

Trial Attorney:  Charles G. Cofer – Assistant PublicDefender

Attorney, Direct Appeal:  Bill Salmon – Private

Attorney, Collateral Appeals:  Martin J. McClain –Registry/Federal

Date of Offense:  01/21/93

Date of Sentence:  12/02/93

Circumstances of the Offense:

Thomas Moore was convicted of robbing and killing JohnnyParrish and burning down the victim’s residence.

Parrish was a resident in Moore’s neighborhood and the twowere considered friends.  At approximately 3:00 p.m. on 1/21/93, Moore andParrish sat outside Parrish’s house drinking. In a statement Moore claimed thattwo neighborhood youths, Clemons and Gaines, approached the house. Moore alsostated that he had seen the same two youths chasing another youth, “LittleTerry” with a gun earlier that day.

Clemons denied these events at the trial. Both Clemons andGaines testified to having a conversation with Moore about robbing Parrish.During this conversation, it was established that Clemons would go into thehouse with Moore and that Gaines would serve as a lookout. Gaines testifiedthat he saw neither Moore nor Clemons enter the house, but he heard two shotsand then saw Clemons exit and then reenter from the back of the house. Gainesstarted to walk away from the residence and Clemons caught up with him andstated that Moore had shot Parrish. Clemons testified that he and Moore enteredthe house, and Moore pulled a gun on Parrish. After asking Parrish where hekept his money and receiving no response, Moore shot Parrish.

Two neighbors saw smoke coming out of Parrish’s house andran in and pulled him out. Parrish was already dead by this time. According tothe fire inspector, two separate intentional fires were started. A witnessnamed Shorter testified that Moore brought him a bag full of clothes and askedhim to burn them. According to Shorter, Moore also stated that he had shotParrish and burned down his house. Moore specifically stated that he shotParrish twice, Clemons ran out of the house, and then Moore took the top of alawnmower that he found and set it on fire to get rid of the fingerprints inthe house. Shorter called his mother, who then called the police.

A jail inmate testified that Moore stated that he did notmean to kill Parrish, but that he had to because Parrish could identify him.Another neighbor testified that Moore had asked him to rob Parrish.

Trial Summary:

02/18/93         Defendant indicted on the following:

                                   Count I:           FirstDegree Murder with a firearm

                                   Count II:         Attempted robberywith a firearm

                                   Count III:        Conspiracy to commitrobbery

                                   Count IV:        Burglary with a dangerousweapon

                                   Count V:         Arson

10/29/93         Defendant was found guilty by the trial jury.

11/03/93         The jury recommended the sentence of death by a vote of 9 to 3.

12/02/93         Defendant was sentenced as follows:

                                   Count I:           FirstDegree Murder with a firearm – Death

                                   Count II:         Attempted robberywith a firearm  – 30 years with 322 days served

                                   Count III:        Conspiracy to commitrobbery– 10 years with 322 days served

                                   Count IV:        Burglary with a dangerousweapon – Life sentence with 322 days served

                                   Count V:         Arson – Life sentencewith 322 days served

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 82,925

701 So. 2d 545

12/27/93         Appeal filed

10/02/97         FSC affirmed the conviction and the sentence

11/18/97         Rehearing denied

12/18/97         Mandate issued

United States Supreme Court – Petition for Writ of Certiorari

USSC# 97-8013

523 U.S. 1083

01/17/98         Petition filed

04/20/98         Petition denied

State Circuit Court – 3.850 Motion

CC #93-1659 CF

03/26/99         Motion filed

09/11/00         Motion denied

Florida Supreme Court – 3.850 Appeal

FSC# 00-2483

820 So.2d 199

11/29/00         Appeal filed

03/07/02         FSC affirmed the trial court’s denial of the 3.850 Motion

06/20/02         Rehearing denied

07/22/02         Mandate issued

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 01-708

820 So.2d 199

04/02/01         Petition filed.

03/07/02         Petition denied

06/20/02         Rehearing denied

07/22/02         Mandate issued

State Circuit Court – 3.850 Motion

CC# 93-1659 CF

07/18/02         Motion filed

12/30/02         Motion denied

02/25/03         Rehearing denied

Florida Supreme Court – 3.850 Appeal

FSC# 03-489

886 So.2d 227

03/20/03         Appeal filed

06/07/04         FSC affirmed the trial court’s denial of the 3.850 Motion

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 04-834

900 So.2d 554

05/13/04         Petition filed

12/06/04         Petition denied

03/21/05         Rehearing denied

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 05-498

923 So.2d 1163

03/23/05         Petition filed

10/18/05         Petition denied

02/13/06         Rehearing denied

State Circuit Court – 3.850 Motion

CC# 93-1659CF

(Pending)

01/27/06         Motion filed

07/05/06         Amended motion filed

07/31/08         Second Amended Motion filed

08/17/09         Third Amended Motion filed

United States District Court, Middle District –Petition for Writ of Habeas Corpus

USDC# 06-127

02/10/06         Petition filed

04/12/06         Petition closed to allow state filings

08/05/08         Case renamed: 07-127

Factors Contributing to the Delay in the Imposition ofthe Sentence:

It took nearly four years for the Florida Supreme Court toaffirm the conviction and sentence of Moore’s Direct Appeal.

Case Information:

Moore filed a Direct Appeal to the Florida Supreme Court on12/27/93. There were seven claims raised in the appeal. The Court rendered anopinion on 10/2/97 finding that only one of the seven issues had merit. TheCourt ruled that it was an error to admit the testimony from a witness whoclaimed that Moore had a gun two days after the victim’s death because theevidence was not relevant to the topic of whether Moore committed the murder.The error was ruled as harmless and the Court affirmed Moore’s conviction andsentence.

A Petition for Writ of Certiorari was filed to the UnitedStates Supreme Court on 01/17/98 and was subsequently denied on 04/20/98.

A 3.850 Motion was then filed to the Circuit Court on03/26/99.  The motion was denied on 09/11/00.

Both a 3.850 Appeal and a Petition for Writ of Habeas Corpushave been filed to the Florida Supreme Court, 11/29/00 and 04/2/01,respectively. Issues raised by Moore in the 3.850 Appeal surrounded primarilyaround public record issues and the claim of ineffective assistance of counsel.The Court found that the trial court did not abuse its discretion in regard tothe public records issues and they denied Moore’s claim of ineffectiveassistance of counsel. Moore also made claims of ineffective assistance ofcounsel within his Habeas Petition. The Court found these claims to be eitherprocedurally barred and without merit. The Florida Supreme Court issued anopinion on 03/07/02 in which they denied Moore’s Habeas Petition and affirmedthe trial court’s denial of the 3.850 Motion. The rehearing was denied on06/20/02 and the mandate was issued on 07/22/02.

Moore filed a 3.850 Motion to the Circuit Court on 07/18/02,which was denied on 12/30/02.

Moore then filed a 3.850 Appeal to the Florida Supreme Courton 03/20/03.  The Court affirmed the lower court’s denial of thedefendant’s 3.850 Motion.

Moore additionally filed a Petition for Writ of Habeas Corpusto the Florida Supreme Court on 05/13/04, which was denied on 12/16/04. The rehearing was denied on 03/21/05.

On 03/23/05, Moore filed another Petition for Writ of HabeasCorpus to the Florida Supreme Court, which was denied on 10/18/05.  On02/13/06, the motion for a rehearing was denied.

On 01/27/06, Moore filed a 3.850 Motion to the CircuitCourt.  On 07/05/06, Moore filed an Amended Motion and on 07/31/08, Moorefiled a Second Amended Motion. On 08/17/09, Moore filed a Third Amended Motion.This Motion is currently pending.

On 02/10/06, Moore filed a Petition for Writ of HabeasCorpus to the United States District Court, Middle District.  On 04/12/06,the Court closed Moore’s case temporarily to allow state filings.

Institutional Adjustment:

Report Date:    10/17/01          NMP

Approved:        11/02/02         WS

Updated:         08/20/09          EMJ