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.

The Registry Attorneys will be continued by the Justice Administration Commission.

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
Cumming-elFrederick 120190RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
4/20/2009USDC03-23327Granted in part; denied in part
3/23/2010USDC03-23327Remanded from USCA
4/6/2010USDC03-23327Petition denied
7/7/2010USSC09-11289Petition for Writ of Certiorari filed
10/4/2010USSC09-11289Petition denied
5/18/2009USCA09-12416Habeas Appeal filed by state
6/4/2009USCA09-12416Cross appeal filed by Cumming-El
3/23/2010USCA09-12416USDC granting of Habeas reversed, USDC denial affirmed
3/23/2010USCA09-12416Remanded to USDC
5/6/2005CC9133268Evidentiary Hearing

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
MossReginaldMiami1468 NW 13th Ter331252608305-5454892Email


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date

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 on for statistical or legal purposes.


CUMMING-EL, Frederick (B/M)

AKA: Frederick Wooden

DC #    120190

DOB:   01/11/58   


Eleventh Judicial Circuit, Dade County, Case #91-33268

Sentencing Judge: The Honorable Joseph P.Farina     

Attorney, Criminal Trial: Theodore G. Mastos– Private

Attorney, Direct Appeal: John H. Lipinski – SpecialAppointed Public Defender

Attorney, Collateral Appeals: Reginald Moss- Registry 


Date of Offense:          09/16/91

Date of Sentence:        02/19/93


Circumstances of Offense:


Frederick Cummings-El was convicted and sentenced to deathfor the murder of his former girlfriend Kathy Good.


Frederick Cummings-El and Kathy Good had dated and livedtogether for several months before the relationship ended.  Cummings-Elcontinued to harass Good, and after he assaulted her at a neighbor’s house, shesecured a restraining order against him. Cummings-El continually made verbalthreats towards Good, stating, “Kathy, I am going to kill you and “I loveher.  If I can’t have her, nobody can have her.”


In the early morning of 09/16/91, Cummings-El broke into theGood residence.  He entered Good’s room and stabbed her numerous timeswhile she lay sleeping.  Good’s eight-year-old son, who was sleeping nextto her, awoke to the sound of his mother’s screams and saw Cummings-El“punching” her.  Good’s twenty-year-old nephew was asleep on the floor ofher bedroom and reported seeing Cummings-El leaving the scene.  As he wasfleeing, Good’s mother confronted Cummings-El in thecorridor, and he pushed her to the ground in his escape.  Good, woundedand bleeding, stumbled from her bedroom and fell into her mother’s arms, saying“Fred, Fred.”


Medical examiners concluded that Gooddied from the numerous stab wounds she endured.  Her lungs filled withfluid, and she essentially drowned in her own blood.  She remainedconscious for several minutes following the attack and reportedly kept askingwhat was taking the emergency medical personnel so long. 


Frederick Cummings-El was apprehended and charged withFirst-Degree Murder and Armed Robbery.  He was convicted and sentenced todeath.


Prior Incarceration History in the State of Florida:


Offense Date


Sentence Date


Case No.

Prison Sentence Length






2Y 6M 0D


Trial Summary:


09/16/91         Defendant arrested.

03/17/92         Defendant indicted on the following:

                                   Count I:           First-Degree Murder

                                   Count II:           Armed Robbery

01/29/93         The jury found the defendant guilty on all counts.

02/03/93         Upon advisory sentencing, the jury, by an 8 to 4 majority, voted for the deathpenalty.

02/19/93         The defendant was sentenced as followed:

                                   Count I:           First-Degree Murder – Death

                                   Count II:           Armed Robbery– 22 years


Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC #82,349

684 So. 2d 729


09/13/93         Appeal filed.

09/26/96         FSC affirmed the convictions and sentence of death.

12/10/96         Rehearing denied.

01/09/97         Mandate issued.


United States Supreme Court – Petition for Writ ofCertiorari

USSC #96-8226

520 U.S. 1277


03/10/97         Petition filed.

06/16/97         Petition denied.


State Circuit Court – 3.850 Motion

CC #91-33268


05/05/98         Motion filed.

06/14/01         Motion denied.


Florida Supreme Court – 3.850 Motion Appeal

FSC #SC01-1501

863 So. 2d 246


07/09/01         Appeal filed.

10/09/03         FSC affirmed the denial of Cummings-el’s 3.850Motion.

11/10/03         Mandate issued.


Florida Supreme Court – Pro Se Petition for Writ ofHabeas Corpus

FSC #SC01-2379


10/26/01         Petition filed.

12/18/01         Petition dismissed without prejudice for proper filing.


Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC #SC02-1784

863 So. 2d 246


08/09/02         Petition filed.

10/09/03         Petition denied.

11/10/03         Mandate issued.


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

USDC #03-23327


12/15/03          Petitionfiled.

04/20/09          Grantedin part, denied in part.

03/23/10          Remandedfrom USCA

04/06/10          Petitiondenied


United States Court of Appeals, 11th Circuit – HabeasAppeal

USCA #09-12416

588 F.3d 1331


05/18/09          Appealfiled by state.

06/04/09          CrossAppeal filed by Cumming-El.

03/23/10          AffirmedUSDC denial, reversed USDC granting of petition. Remanded toUSDC.


United States Supreme Court – Petition for Writ ofCertiorari

USSC #09-11289


07/07/10          Petitionfiled.

10/04/10          Petitiondenied.


Factors Contributing to the Delay in the Imposition ofthe Sentence:


Cumming-El’s Direct Appeal tookthree years to reach a disposition.  The Habeas Petition has been pendingin the USDC since 12/15/03.   


Case Information:


Cumming-El filed a Direct Appeal in the Florida SupremeCourt on 09/13/93.  In that appeal, he argued that the trial court erredin applying the heinous, atrocious and cruel (HAC) aggravating factor and thecold, calculated and premeditated (CCP) aggravating factor.  The FloridaSupreme Court found no merit to these claims and affirmed the convictions andsentence of death on 09/26/96.


Cumming-El next filed a Petition for Writ of Certiorari inthe United States Supreme Court, which was denied on 06/16/97.


He then filed a Motion to Vacate Judgment and Sentence(3.850) in the State Circuit Court, which was denied on 06/14/01. Cummings-El steadfastly filed an appeal of that decision in the Florida SupremeCourt, which was affirmed on 10/09/03.


On 10/26/01, the defendant filed a Pro Se Petition for Writof Habeas Corpus in the Florida Supreme Court.  That petition wasdismissed without prejudice on 12/18/01 to be filed in the appropriatemanner.  Cummings-el again filed a Petition for Writ of Habeas Corpus on08/09/02, which was denied on 10/09/03.


On 12/15/03, Cumming-El filed a Petition for Writ of HabeasCorpus in the United States District Court. On 04/20/09, the petition was grantedin part (on the ineffective assistance of counsel claim) and denied in part (onall other claims). On 03/23/10, the United States Court of Appeals remanded thecase back to the USDC. On 04/06/10, the USDC denied the petition.


The State filed a Habeas Appeal in the United States Courtof Appeals on 05/18/09. Cumming-El filed a Cross Appeal on 06/04/09. On03/23/10, the USCA reversed the district court’s granting of habeas (on theineffective assistance of counsel claim), affirmed the district court’s denialof habeas (on all other claims), and remanded the case to the USDC.


Cumming-El filed a Petition for Writ of Certiorari in theUnited States Supreme Court on 07/07/10. That petition was denied on 10/04/10.


Institutional Adjustment:


DATE            DAYS             VIOLATION                                     LOCATION   

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

03/29/94         0                    FIGHTING                                        UNION C. I.     

03/08/02         60                  DISORDERLYCONDUCT               UNION C. I.   

04/05/04         0                    DISORDERLY CONDUCT               UNION C.I.

02/27/06         60                   DISOBEYINGORDER                     UNION C.I.

08/09/06         0                    UNARMED ASSAULT                     UNION C.I. 



04/01/02 – ew

04/10/02 – approved – ws

10/21/10 – updated – jjk