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.
LAMARCA, ANTHONY (W/M)
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 | Offense | Sentence Date | County | Case No. | Prison Sentence Length |
| 08/30/76 | BURGUNOCCSTRUC/CV OR ATT. | 12/10/79 | MIAMI-DADE | | 6Y 0M 0D |
| 02/16/84 | SEX BAT/WPN. OR FORCE(ATTEMPTED) | 10/25/84 | MIAMI-DADE | 8403780 | 15Y 0M 0D |
| 02/16/84 | KIDNAP;COMM.OR FAC. FELONY | 10/25/84 | MIAMI-DADE | 8403780 | 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:
| DATE | DAYS | VIOLATION | LOCATION |
| 03/15/99 | 30 | POSS OF CONTRABAND | FLORIDA STATE PRISON |
________________________________________________________________________
Report Date: 10/26/04 DDK
Approved: 11/01/04 JFL
Updated: 04/29/10 EMJ