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
GreenAlphonso 042143CCRC-MCase Summary

Last Action

DateCourtCase NumberLast Action
11/27/2006CC86-142333.851 Motion
3/18/2008CC86-142332nd Amended Motion
7/7/2008CC86-14233Huff Hearing
4/27/2009CC86-14233Status Conference

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. 


GREEN, Alphonso (B/M)

DC#     042143

DOB:   01/07/51


­­­Thirteenth Judicial Circuit, Hillsborough County Case #86-14233

Sentencing Judge: The Honorable William Fuente

Attorney, Trial:  Stuart Umbarger – Private

Attorney, Resentencing: Daniel M. Hernandez – Private

Attorney, Direct Appeal: Robert Moeller – Special AssistantPublic Defender

Attorney, Collateral Appeals: David Hendry – CCRC-M


Date of Offense:          10/10/86

Date of Sentence:        10/23/87

Date of Resentence:      10/03/02



Circumstances of Offense:


Alphonso Green lived in a duplex apartment in HillsboroughCounty that was rented from Robert and Dora Nichols.  On 10/01/86, aneviction notice was posted in Green’s apartment.  Green and the Nichols’sagreed that, in order to stay in the apartment, the $250 in unpaid rent must bepaid by 10/10/86. 


On the evening of 10/10/86, Green paid the $250 inrent.  Sometime before midnight, Green went back to the Nichols’s, armedwith a large butcher knife, and knocked on the Nichols’s door.  Mr.Nichols let Green in the door, at which point he asked for his rent checkback.  Mrs. Nichols refused and Green stabbed her.  Mr. Nichols fledto the bedroom, but Green followed him and stabbed him, as well. 


Green fled the scene, returned to his apartment, changedclothes, and hitched a ride out of town.   After Green fled thescene, neighbors of the Nichols’s responded to the noises coming from the home. Mrs. Nichols was found in the foyer and had been stabbed fourteentimes.  Mr. Nichols was found in the bedroom, with bed covers stuffed inhis mouth, and had been stabbed twenty-eight times.  Blood smears werefound throughout the house, as well as on the entrance railing, doors, handles,and gate outside the house.


Green hitched a ride to St. Petersburg and then Ft.Lauderdale.  A day after the murders, Green surrendered to police, andduring police questioning, he admitted to the murders.



Prior Incarceration History in the State of Florida:


Offense Date


Sentence Date


Case No.

Prison Sentence Length









Trial Summary:


10/29/86         Indicted as follows:

                                   Count I:           First-Degree Murder (Dora Nichols)

                                   Count II:          First-Degree Murder (Robert Nichols)

09/16/87         Jury returned guilty verdicts on both counts of the indictment

                       Juryrecommended death by a vote of 12-0

10/23/87         Sentenced as follows:

                                   Count I:            First-DegreeMurder (Dora Nichols) – Death

                                   Count II:          First-Degree Murder (Robert Nichols) – Death


02/14/02         Jury recommended death by a vote of 10-2

10/03/02         Resentenced to death



Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 71,540

583 So. 2d 647


12/07/87         Appeal filed

06/06/91         FSC affirmed convictions and sentences

08/23/91         Rehearing denied

09/23/91         Mandate issued


U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 91-6484

502 U.S. 1102


11/21/91         Petition filed

02/24/92         USSC denied Petition

Circuit Court – 3.850 Motion

CC# 86-14233


06/02/93         Motion filed

11/18/94         Motion amended

08/14/98         Motion amended

04/09/99         Motion amended

04/03/00         Attorneys stipulate to new penalty phase


Florida Supreme Court – Direct Appeal (afterResentencing)

FSC# 02-2315

907 So. 2d 489


10/25/02         Direct Appeal filed

04/28/05         FSC affirmed sentence

07/07/05         Rehearing denied

07/25/05         Mandate issued


U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 05-7002

126 S. Ct. 832


10/05/05         Petition filed

12/12/05         USSC denied Petition


Circuit Court – 3.851 Motion

CC# 86-14233



11/27/06         Motion filed

03/26/07         Motion amended



Factors Contributing to the Delay in Imposition ofSentence:


The Direct Appeal waspending from 12/07/87 – 06/06/91, and the 3.850 Motion was pending from06/02/93 – 04/03/00.



Case Information:


Green filed a DirectAppeal with the Florida Supreme Court on 12/07/87, citing the following errors:allowing improper racially discriminatory peremptory challenges and relying onunproven aggravating factors.  On 06/06/91, the FSC affirmed theconvictions and sentences. 


Green filed a Petitionfor Writ of Certiorari with the U.S. Supreme Court on 11/21/91 that was deniedon 02/24/92. 


Green filed a 3.850Motion with the Circuit Court on 06/02/93 and amended the Motion on 11/18/94,08/14/98, and 04/09/99.  On 04/03/00, the attorneys stipulated to a newpenalty phase, due to ineffective assistance of trial counsel. 


Green filed a DirectAppeal with the Florida Supreme Court on 10/25/02, citing the following errors:failing to properly answer a jury question during deliberations, failing toissue written findings of fact after orally sentencing Green in 1987, findingthe aggravating factors of pecuniary gain and murder committed during aburglary, and using an unconstitutional sentencing statute.  On 04/28/05,the FSC affirmed the death sentences. 


Green filed a Petitionfor Writ of Certiorari with the U.S. Supreme Court on 10/05/05 that was deniedon 12/12/05. 


Green filed a 3.851Motion with the Circuit Court on 11/27/06 and amended the motion on03/26/07.  The motion is pending.


On 09/03/09, Green diedof natural causes



Institutional Adjustment:




DATE            DAYS            VIOLATION                        LOCATION      

01/30/91         0                    DISOBEYING ORDER          FLORIDA STATEPRISON

07/11/94         0                    FIGHTING                             UNION C.I.        

03/03/99         180                UNAUTH USE OF DRUGS   UNION C.I.        



Report Date:    08/03/05        JFL

Updated:         09/08/09         KKR