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 on forstatistical or legal purposes.
ALSTON, Pressley (B/M)
DC # 709795
DOB: 10/20/71
Fourth Judicial Circuit, Duval County, Case #95-5326-CF
Sentencing Judge: The Honorable Aaron K. Bowden
Trial Attorney: Alan Chipperfield– Assistant Public Defender
Attorney, Direct Appeal: Teresa J. Sopp– Private
Attorney, Collateral Appeal: Frank Tassone– Private & Pro Se (Federal)
Dates ofOffense: 01/22/95
Date of Sentence: 01/12/96
Circumstances of Offense:
Pressley Alston, the defendant, was convicted and sentencedto death for the robbery, kidnapping, and murder of James Lee Coon.
Coon was last seen on 01/22/95 leaving a Jacksonvillehospital and his car, a red Honda Civic, was found abandoned behind aconvenience store the next day. On 01/23/95, GwenettaFaye McIntyre, with whom the defendant was residing at the time, was returninghome to Jacksonville after having left due to a quarrel with Alston. McIntyre drove her gray Monte Carlo into the parking lot of a convenience storewhen she noticed Alston and his half brother DilianjanEllison pull up from behind in a red Honda Civic. Alston and Ellisonparked perpendicularly to McIntyre, preventing her from driving off. Whenthe defendant approached McIntyre’s window, she responded by driving her carforward into the store and backwards into the Civic. At this time, Alstonreportedly got in the Civic, drove it behind the convenience store, andabandoned it. Alston and Ellison then got in the McIntyre’s Monte Carlo,and they all drove away together. The defendant told McIntyre that theCivic was stolen, at which time McIntyre noticed that Alston had her .32revolver that she kept in her home.
McIntyre became suspicious of the defendant upon hearingnews of Coon’s disappearance, and knowing that Coon was driving a red HondaCivic the night of 01/22/95. McIntyre began to suspect Alston when heasked her how long it would take for a body to decompose and fingerprints torub off a bullet. McIntyre confided in her minister and, in turn,contacted the sheriff’s department on 05/25/95. Based on the informationMcIntyre gave deputies and the .32 revolver they found in her home, policearrested Alston and Ellison later that day.
In a written confession, Alston stated that he and Ellisonplanned to rob Coon. The defendant and Ellison got into Coon’s caroutside the hospital and had him drive out to HeckscherDrive. The defendant and Ellison searched Coon’s car and tookapproximately $80-$100 from Coon’s wallet. When others approached thescene, Alston, Ellison, and Coon drove off to another location where they shotCoon to death.
PriorCommunity Supervision History in the State of Florida:
| DATE | OFFENSE | SENTENCED | COUNTY | CASE # | SUPERVISION LENGTH |
| | | | | | |
| 07/20/1990 | GRAND THEFT,$300 LESS &20,000 | 11/07/1990 | ST. JOHNS | 9001556 | 5Y 0M 0D |
| 07/20/1990 | FORGERY/UTTERING | 10/18/1991 | ST. JOHNS | 9001556 | 2Y 0M 0D |
| 07/20/1990 | FORGERY/UTTERING | 10/18/1991 | ST. JOHNS | 9001550 | 2Y 0M 0D |
| 08/30/1990 | FORGERY/UTTERING | 11/07/1990 | ST. JOHNS | 9001950 | 5Y 0M 0D |
| 05/15/1994 | FALS.IMPRSN-NO 787.01 INT | 08/02/1994 | DUVAL | 9405373 | 1Y 0M 0D |
| 05/15/1994 | AGG ASSLT-W/WPN NO INTENT TO K | 08/02/1994 | DUVAL | 9405373 | 1Y 0M 0D |
Additional Information:
While in custody for the robbery, kidnapping, and murder ofJames Lee Coon, Alston escaped and committed an armed robbery on 08/11/95.
Alston suffers from bi-polar disorder.
Codefendant Information:
Dilianjan Ellison, thecodefendant, was convicted of 3rd Degree Murder and FalseImprisonment; both crimes carried a sentence of 14 years. He was alsoconvicted of Grand Theft Auto, with a sentence of five years.
Trial Summary:
06/08/95 The Defendant was indicted for:
Count I: First-Degree Murder
Count II: Armed Robbery
Count III: Armed Kidnapping
12/01/95 The jury found the defendant guilty on all counts.
12/14/95 Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the deathpenalty.
01/12/96 The Defendant was sentenced as followed:
Count I: First-Degree Murder – Death
Count II: Armed Robbery– Life
Count III: Armed Kidnapping – Life
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #87,275
723 So. 2d 148
01/26/96 Appeal filed.
09/10/98 FSC affirmed convictions and sentence of death.
12/17/98 Rehearing denied.
01/25/99 Mandate issued.
Circuit Court – 3.850 Motion
CC #95-5326
11/05/99 Motion filed.
10/22/01 Defendant found incompetent to proceed with post-conviction relief.
03/20/03 Evidentiary hearing held and defendant found competent to proceed.
06/06/03 Motion to waive postconviction appeals filed.
06/25/03 Order entered discharging counsel and dismissing all postconvictionproceedings.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC #SC02-1904
894 So.2d 46
07/01/02 Petition filed.
12/20/02 Remanded to the Fourth Circuit Court in order to hold a hearing to determinewhether Alston seeks a
Durocherhearing and subsequent Faretta hearing.
06/25/03 State Circuit Court entered an order discharging counsel and dismissing allpostconviction proceedings.
10/15/03 FSC ordered briefs to be filed addressing the waiver of appeals and the06/25/03 order by the Circuit Court.
11/17/03 Supplemental Initial brief filed.
12/11/03 Supplemental Initial brief amended.
01/13/04 Supplemental Answer brief filed.
10/14/04 FSC affirmed competency and waiver of appeals order.
10/18/05 Rehearing denied.
U.S. District Court, Middle District – Petition forWrit of Habeas Corpus
USDC# 04-257
04/05/04 Petitionfiled.
10/28/04 Petitionamended.
03/15/06 Petitionamended.
01/15/09 Petitionamended.
08/04/09 Petitiondenied.
10/07/09 Applicationfor COA
10/27/09 COAgranted in part, denied in part
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 07-11347
129 S. Ct. 396
05/14/08 Petitionfiled.
10/14/08 Petitiondenied.
United StatesCourt of Appeals, 11th Circuit – Habeas Appeal
USCA# 09-15137
03/11/10 Appealfiled.
08/09/10 AffirmedUSDC denial of habeas petition
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 10-6927
10/06/10 Petitionfiled.
12/13/10 Petitiondenied.
Factors Contributing to theDelay in the Imposition of the Sentence
The disposition of Alston’s Direct Appeal took threeyears. His 3.850 Motion was filed in 11/99 and was delayed for over ayear due to the court’s finding of the defendant’s incompetence on10/22/01. On 03/20/03, an evidentiary hearing was held and Alston wasfound competent to proceed. On 06/25/03, an order was entered dischargingcounsel and dismissing all postconviction proceedings, and that order wasaffirmed by the FSC on 10/14/04.
CaseInformation:
Alston filed his Direct Appeal in the Florida Supreme Courton 01/26/96. Alston’s appeal claimed that the trial court erred in itsfailure to suppress his confession and in its failure to suppress media videofootage, which he believed was prejudiced and misrepresented him. Also,Alston’s appeal claimed error when the trial court denied the defense’s requestto tell the jury he was on psychotropic medication and denied the defense’srequest to delay the penalty-phase until his co-defendant could be tried andsentenced. Lastly, Alston argued the finding of three aggravatingfactors. The court found no validity in Alston’s claims and affirmed thejudgment and sentence of death on 09/10/98.
On 11/05/99 Alston filed a 3.850 motion in the State CircuitCourt. A status conference was held on 10/09/01, and the presiding judgefound Alston incompetent to proceed in his post-conviction relief. Alstonwas diagnosed with bi-polar disorder prior to his criminal proceedings and hasbeen on psychotropic medication for the condition.
On 07/01/02, Alston filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court. On 12/20/02, the Florida SupremeCourt remanded the petition to the Fourth Circuit Court in order to hold ahearing to determine whether Alston would seek a Durocher hearing, waiving allfurther postconviction appeals.
On 03/20/03, an evidentiary hearing was held and Alston wasfound competent to proceed. On 06/06/03, Alston filed a motion to waivepostconviction appeals. On 06/25/03, the State Circuit Court entered an orderdischarging counsel and dismissing all postconviction proceedings.
On 10/15/03, the FSC ordered briefs to be filed addressingthe waiver of appeals and the 06/12/03 order by the Circuit Court. ASupplemental Initial brief was filed on 11/17/03 and amended on 12/11/03. A Supplemental Answer brief was filed on 01/13/04. On 10/14/04, the FSCaffirmed the competency and waiver of appeals order of the Circuit Court.
On 04/05/04, Alston filed a Petition for Writ of HabeasCorpus in the U.S. District Court, Middle district, on 04/05/04, and amendedthe petition on 10/28/04, 03/15/06, and 01/15/09. The petition was deniedon 08/04/09. On 10/07/09, Alston filed an application for Certificate ofAppealability in the U.S. District Court, which was granted in part and deniedin part on 10/27/09.
On 05/14/08, Alston filed a Petition for Writ of Certiorariin the United States Supreme Court. This petition was denied on 10/14/08.
On 03/11/10, Alston filed a Habeas Appeal in the United StatesCourt of Appeals, 11th Circuit. On 08/09/10, The USCA affirmed thelower court’s denial of the habeas petition.
On 10/06/10, Alston filed a petition for Writ of Certiorariin the United States Supreme Court which was denied 12/13/10.
Institutional Adjustment: PRESSLEY ALSTON DC#709795
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
04/21/96 15 DISOBEYING ORDER FSP
04/26/96 30 SELF MUTILATION FSP
05/07/96 30 POSS OF CONTRABAND FSP
05/07/96 30 SELF MUTILATION FSP
04/14/97 0 DEST. OF ST. PROP. FSP
06/18/97 0 FIGHTING FSP
09/15/00 60 DISORDERLY CONDUCT UNIONC. I.
09/29/00 60 DISOBEYING ORDER UNION C.I.
09/29/00 30 FAILURE TOCOMPLY UNION C. I.
09/30/00 60 DISORDERLY CONDUCT UNION C. I.
10/05/00 49 LYING TO STAFF UNIONC. I.
10/06/00 0 DISORDERLY CONDUCT UNION C. I.
10/27/00 0 DISOBEYING ORDER UNION C. I.
10/27/00 0 DISOBEYINGORDER UNION C. I.
10/29/00 0 DISOBEYING ORDER UNION C. I.
10/30/00 0 DISOBEYING ORDER UNION C. I.
11/11/00 0 DISOBEYING ORDER UNION C. I.
11/13/00 0 DISOBEYING ORDER UNION C. I.
11/16/00 0 DISORDERLYCONDUCT UNION C. I.
11/18/00 0 DEST. OF ST. PROP. UNION C. I.
11/28/00 0 SPOKEN THREATS UNION C.I.
12/12/00 0 DISOBEYING ORDER UNION C. I.
12/13/00 0 DISOBEYING ORDER UNION C. I.
12/15/00 0 DEST. OF ST. PROP. UNION C. I.
12/16/00 0 DEST. OF ST. PROP. UNION C. I.
01/02/01 0 DISOBEYINGORDER UNION C. I.
01/02/01 0 DISOBEYING ORDER UNION C. I.
01/19/01 0 DISOBEYING ORDER UNION C. I.
01/19/01 0 DISOBEYING ORDER UNION C. I.
02/15/01 0 FAILURE TO COMPLY UNION C. I.
03/09/01 0 DISOBEYINGORDER UNION C. I.
03/14/01 0 DISOBEYING ORDER UNION C. I.
05/29/01 0 DISOBEYING ORDER UNION C. I.
06/24/01 0 DISOBEYING ORDER UNION C. I.
07/05/01 0 DISOBEYING ORDER UNION C. I.
08/05/01 0 SPOKEN THREATS UNION C.I.
10/09/01 0 DISOBEYING ORDER UNION C. I.
12/13/01 0 MAIL VIOLATIONS UNION C.I.
02/22/02 0 POSS OFCONTRABAND UNION C. I.
09/20/02 0 FIGHTING UNION C. I.
10/30/02 0 DISOBEYING ORDER UNION C. I.
________________________________________________________________________
10/18/01 – ew
10/25/01 – approved – ws
01/07/11 – updated – jjk