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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Last NameFirst NamePictureDC NumberAgencyCase Summary
LaMarcaAnthony 071588FederalCase Summary

Last Action

DateCourtCase NumberLast Action
6/22/2006USDC-M06-1158Habeas Corpus
6/23/2006USDC-M06-1158Dimissed without prejudice
2/15/2007USDC-M06-1158Second amended
3/26/2008USDC-M06-1158Third amended petition filed
8/28/2008USDC-M06-1158Habeas Petition denied
1/15/2009USCA08-16775Habeas Appeal filed
5/19/2009USCA08-16775Habeas Appeal denied
9/19/2009USSC09-6641Petition for Writ of Certiorari filed
10/23/2009USSC09-6641Response brief filed
11/30/2009USSC09-6641Petition denied

Current Attorney


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 thisinformation regularly.  This information; however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes. 



DC#    071588

DOB:  06/16/55


Sixth­ Judicial Circuit, Pinellas County Case# 95-20270

Sentencing Judge:  The Honorable Brandt D. Downey, III

Attorney, Trial:  Pro Se & Nora McClure - StandbyAssistant Public Defender

Attorney, Direct Appeal:  Paul C. Helm – AssistantPublic Defender

Attorney, Collateral Appeals:  Linda McDermott –Federal 


Date of Offense:  12/02/95

Date of Sentence:  02/20/98


Circumstances of the Offense:


On 12/02/95, Anthony LaMarca met his stepdaughter, TonyaFlynn, and her husband, Kevin Flynn, at a bar.  Around 7:45 p.m., Kevinleft to drive LaMarca home.  At 8:30 p.m., LaMarca returned to the baralone and told Tonya they needed to drive to a relative’s house in HudsonCounty to pick up Kevin.  When they arrived at the house, no one was home.Tonya claims that LaMarca then raped her and asked her to leave Florida withhim.  He stated that her feelings for her husband would not last. Tonya then called the police and reported the rape.  Police spottedLaMarca walking alongside the road but were unable to apprehend him because hetook off running.   


Early in the morning of 12/03/95, the police arrived atLaMarca’s home.  They discovered Kevin Flynn’s body in the bedroom. Bullet cases and blood splatters were found in the living room. A trail ofblood led to the bedroom.


A neighbor testified to seeing LaMarca arrive at his houseon the night of 12/02/95 with another man with whom he appeared to bearguing.  Another witness, Jeremy Smith, testified to LaMarca’s confessionof murdering Kevin.  A prison inmate testified that while LaMarca wasincarcerated with him for a different matter, he stated that when he wasreleased he was going to kill Kevin Flynn. Although there was no medicalevidence to support Tonya’s accusation of rape, testimony was provided statingthat LaMarca had also raped his stepdaughter.


Prior Incarceration History in the State of Florida:


Offense Date


Sentence Date


Case No.

Prison Sentence Length






6Y 0M 0D






15Y 0M 0D






22Y 0M 0D



Trial Summary:


01/24/96         Indicted as follows:

                                   Count I:          First-Degree Murder (Kevin Flynn)

11/06/97         Jury returned guilty verdicts on all counts of the indictment.

07/14/98         Jury recommended death by a vote of 11-1.

02/20/98         Sentenced as follows:

                                   Count I:          First-Degree Murder (Kevin Flynn) – Death


Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 92,610

785 So.2d 1209 (2001)


03/19/98         Appeal filed.

03/08/01         FSC affirmed LaMarca’s conviction and sentence.

06/20/01         Mandate issued.


United States Supreme Court – Petition for Writ ofCertiorari

USSC# 01-5469

534 U.S. 925 (U.S. 2001)


07/26/01         Petition filed.

10/01/01         Petition denied.


Circuit Court – 3.851 Motion

CC# 95-20270


10/02/02         Motion filed.

09/11/03         Motion denied.


Florida Supreme Court – 3.851 Appeal

FSC# 03-1815

931 So.2d 838 (2006)


10/13/03         Appeal filed.

04/20/06         FSC affirmed the trial court’s order denying LaMarca’s 3.851 Motion.

06/07/06         Rehearing denied.

06/23/06         Mandate issued.


Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 04-847

931 So.2d 838 (2006)


05/17/04         Petition filed.

04/20/06         Petition denied.

06/07/06         Rehearing denied.

06/23/06         Mandate issued.


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

USDC# 06-1158


06/22/06         Petition filed.

06/23/06         Petition dismissed without prejudice and ordered to file amended petition.

07/13/06         Amended petition filed.

02/15/07         Second amended petition filed.

03/26/08         Third amended petition filed.

08/26/08         Petition denied.


United States Court of Appeals, 11th Circuit – HabeasPetition Appeal

USCA# 08-16775

568 F.3d 929


01/15/09         Appeal filed.

05/19/09         Appeal denied.


United States Supreme Court – Petition for Writ ofCertiorari

USSC# 09-6641

130 S.Ct. 783


09/19/09         Petition filed.

11/30/09         Petition denied.


Case Information:


On 03/19/98, LaMarca filed a Direct Appeal to the FloridaSupreme Court.  LaMarca contended that evidence regarding the incidentwith his stepdaughter and the rape of his daughter, which was necessary forestablishing premeditation and motivation, was withheld.  Also, evidencerelevant to the daughter’s motive was erroneously withheld.   LaMarcaalso objected to the prosecutor’s discussion of LaMarca’s being in jail.  LaMarca also argued error in the court’s refusal to acceptmitigating circumstances proffered by standby counsel and thedisproportionality of the death sentence based on one aggravator.


LaMarca filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 07/26/01.  The petition was denied on 10/01/01.


LaMarca filed a 3.851 Motion to the Circuit Court on10/02/02.  The Motion was denied on 09/11/03.


On 10/13/03, LaMarca filed a 3.851 Appeal to the FloridaSupreme Court.  On 04/20/06, the Court affirmed the trial court’s denialof all 22 claims made by LaMarca.  The Court addressed LaMarca’s threemain claims:  (1) LaMarca has failed to overcome the strong presumptionthat his counsel rendered effective assistance as required by Strickland v.Washington, (2) he has failed to establish either a Brady or Giglio violation,and (3) his sentence is not unconstitutional, nor did the trial court abuse itsdiscretion by allowing the prosecutor who represented the State in LaMarca’s trialconduct the evidentiary hearing.  The rehearing was denied on06/07/06.  The mandate was issued on 06/23/06.


On 05/17/04, LaMarca filed a Petition for Writ of HabeasCorpus to the Florida Supreme Court, which was denied on 04/20/06.  Therehearing was denied on 06/07/06.  The mandate was issued on 06/23/06.


On 06/22/06, LaMarca filed a Petition for Writ of HabeasCorpus to the United States District Court, Middle District.  On 06/23/06,the petition was dismissed without prejudice, and the Court ordered LaMarca tofile an amended petition.  The amended petition was filed on07/13/06.  The second amended petition was filed on 02/15/07 and the thirdamended petition was filed on 03/26/08.  On 08/26/08, the Habeas petitionwas denied and the case was dismissed with prejudice.


On 01/15/09, LaMarca filed a Habeas Petition Appeal in theUnited States Court of Appeals, 11th Circuit.  This appeal was denied on05/19/09.


LaMarca filed a Petition for Writ of Certiorari in theUnited States Supreme Court on 09/19/09. The petition was denied on 11/30/09.


Institutional Adjustment:












Report Date:    10/26/04        DDK

Approved:       11/01/04         JFL

Updated:         04/29/10         EMJ