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.

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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
Hernandez, Jr.Michael P31867RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
3/4/2010CC04-1184 Status Conference
12/7/2009CC04-1184Status Conference
9/28/2010CC04-11843.851 Motion
11/30/2010CC04-1184State's Reponse to 3.851 Motion
5/17/2011CC04-1184Evidentiary Hearing
4/9/2007FSC07-647Direct Appeal
3/16/2009FSC07-647Mandate issued
5/18/2009USSC08-10909Certiorari petition
10/5/2009USSC08-10909Petition Denied

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
FrenchCurtis M.Tallahassee, FL7461 Skipper Lane32317-7655850/671-6669Email


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
French2004-CF-001184SwansonSanta RosaMiddle04/07/096/17/09

Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates this informationregularly.  This information; however, is subject to change and may notreflect the latest status of an inmate’s case and should not be relied upon forstatistical or legal purposes.



DC#    P31867

DOB:  01/11/81


­­­First Judicial Circuit, Santa Rosa County Case #04-1184

Sentencing Judge: The Honorable Ronald Swanson

Attorney, Trial: Richard T. Hill & Michael R. Rollo –Court-appointed

Attorney, Direct Appeal: David Davis – Assistant PublicDefender

Attorney, Collateral Appeals:  Curtis French – Registry


Date ofOffense:         11/18/04

Date of Sentence:       03/22/07



Circumstances of Offense:


Michael Hernandez was convicted and sentenced to death forthe murder of Ruth Everett.


On November 18, 2004, Michael Hernandez and his friend,Christopher Arnold, wanted money to purchase crack cocaine. They decided toobtain money from David Everett--a cocaine supplier with whom they were bothacquainted. The two went to the home Everett shared with his mother, RuthEverett.


When Arnold and Hernandez arrived at the house, David wasnot there, but Ms. Everett was. Hernandez and Arnold told Ms. Everett that herson owed them money. Arnold then attempted to smother Ms. Everett with apillow. When the attempt did not work, Hernandez cracked her neck and slashedher throat with a knife. The two men then ransacked the house, taking $40 incash as well as Ms. Everett’s debit card. They used the debit card at variouscash machines, obtaining approximately $300 total. They used all of the cash tobuy crack cocaine.


The next day, Hernandez drove to the Milton PoliceDepartment and confessed to the murder. That same day, Arnold called the policeto his home, where he confessed to participating in the murder.


The autopsy revealed that Ruth Everett died as a result of abroken neck and a 4.5-inch cut to her neck, either of which would have beenfatal. There was also evidence of a blunt force injury to her face, which isindicative of smothering.



Codefendant Information:


Christopher Arnold pled guilty to first-degree murder andwas sentenced to life imprisonment.

Additional Information:


Approximately one year after his arrest, Hernandez assaulteda corrections officer. For that offense, he was convicted of aggravated batteryon a law enforcement officer. He also attacked Christopher Arnold while theywere in jail awaiting trial. For that offense, he was convicted of simplebattery on a jail detainee.



Trial Summary:


12/13/04         Indicted as follows:

                                   Count I:          First-Degree Murder

                                   Count II:         Armed Robbery

                                   Count III:        ArmedBurglary         

01/19/06         Jury returned guilty verdicts on all counts of the indictment

02/09/07         Jury recommended death by a vote of 11-1

03/22/07         Sentenced as follows:

                                   Count I:          First-Degree Murder – Death

                                   Count II:         Armed Robbery – Life

                                   Count III:        Armed Burglary – Life



Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 07-647

4 So. 3d 642


04/09/07         Appeal filed.

01/30/09         FSC affirmed convictions and sentence.


United States Supreme Court – Petition for Writ ofCertiorari

USSC# 08-10909


05/18/09         Petition filed.

10/05/09         Petition denied.


Circuit Court – Motion to Vacate Judgment and Sentence(3.851)

CC# 04-001184



09/28/10          Motion filed.



Case Information:


On 04/09/07, Hernandez filed a direct appeal in the FloridaSupreme Court citing the following issues: jury selection; culpability ofco-defendant; inappropriate application of the “avoid arrest” aggravator;inappropriate application of the HAC aggravator; failure of the indictment tolist the aggravating factors; trial court’s error in allowing the State’smental health expert to be present in the courtroom during the penalty phase.This appeal was denied on 01/30/09.


On 05/18/09, Hernandez filed a Petition for Writ ofCertiorari in the United States Supreme Court. This petition was denied on10/05/09.


On 09/28/10, Hernandez filed a Motion to Vacate Judgment andSentence.  This motion is still pending.





Report Date:  03/04/09          KLH

Approved:       03/11/09         KLH

Updated:         01/26/11         CAR