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. 

HALL, Freddie Lee (B/M)

DC#    022762

DOB:   07/21/45

Fifth Judicial Circuit, Hernando County Case # 78-52

Sentencing Judge: The Honorable John W. Booth

Trial Attorney: Morton D. Aulls & H.D. Robuck, Jr. –Private

Attorney, Direct Appeal:

                       (1981): Morton D. Aulls & H.D. Robuck, Jr. – Private

                       (1993): Larry B.Henderson – Assistant Public Defender

Attorney, Collateral Appeals: Carol Rodriguez & EricPinkard – CCRC-M

Date of Offense:          02/21/78

Date of Sentence:        06/27/78

Date of Resentence:      02/21/91

Circumstances of Offense:

On 02/21/78, Karol Hurst, who was twenty-one years old andseven months pregnant at the time, was leaving the Pantry Pride grocery storein Leesburg, Florida at approximately 3:00 p.m., when Hall approachedher. 

Hall and an accomplice, Ruffin, were looking for a car touse in a robbery, when Hall approached Hurst and forced her into theircar.  Hall drove the car away, with Hurst and Ruffin following in anothercar.  Hurst was driven to a wooded area, beaten, raped, and shot, then thebody was dragged further into the woods. 

On the evening of 02/21/78, Hall and Ruffin walked into aconvenience store in Hernando County, Florida.  The conduct of the pairaroused the suspicions of the store clerk, who called the sheriff substationlocated across the street from the store.  Deputy Lonnie Coburn respondedto the call and met Hall and Ruffin in the store’s parking lot, where witnessessaw Deputy Coburn approach Hall and Ruffin.  Although conflicting evidenceexisted, at some point in the confrontation between Hall, Ruffin, and DeputyCoburn, Deputy Coburn was disarmed and shot and killed with his own gun. Hall and Ruffin fled the scene.  The pair were spotted and pursued byanother deputy, during which gunfire was exchanged between the pair and thedeputy.  Eventually, Hall and Ruffin abandoned their car and were laterapprehended.  Deputy Coburn’s gun was found in the abandonedcar.  

Hall and Ruffin were both present and principals in themurder of Deputy Coburn and the assault and murder of Hurst.  Both Halland Ruffin aided and abetted each other in the commission of the crimes. 

Trial Summary:

03/07/78         Indicted on one count of First-Degree Murder

06/08/78         Trial venue changed from Sumter County to Putnam County

06/23/78         Jury returned guilty verdict

06/26/78         Jury recommended death penalty by a majority vote

06/27/78         Sentenced to death

03/09/89         FSC vacated death sentence

02/21/91         Jury recommended a death sentence by a vote of 8-4.  Resentenced to

death.

Codefendant Information:

Ruffin and Hall were tried separately murder of Hurst. Ruffin was convicted and was originally sentenced to death; however, he waslater resentenced to life imprisonment.  Ruffin and Hall were triedtogether for the murder of Deputy Coburn.  Ruffin was sentenced to lifeimprisonment. 

Additional Information:

Hall and Ruffin were indicted on 03/09/78 for theFirst-Degree Murder of Deputy Coburn (Hernando County Case# 78-39).  On05/31/78, the sentencing jury recommended the death penalty for Hall by a majorityvote, and on 06/01/78, he was sentenced to death.  Hall filed a DirectAppeal with the Florida Supreme Court on 06/20/78 (FSC Case# 54,423), allegingthat the conviction must be overturned because the evidence of guilt wascircumstantial, does not preclude all hypotheses of innocence,  and noevidence exists of premeditation.  On 07/16/81, the FSC vacated Hall’sconviction and sentence and remanded to the trial court with instructions toenter a judgment and sentence of Second-Degree Murder. 

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 54,561

403 So.2d 1321

07/06/78         Appeal filed

07/06/81         FSC affirmed conviction and sentence

09/18/81         Mandate issued

Circuit Court – 3.850 Motion

CC# 78-52

09/28/82         Motion filed

10/01/82         Circuit Court denied Motion

U.S. District Court, Middle District – Petition forWrit of Habeas Corpus

USDC# 82-195-Civ-Oc

565 F. Supp. 1222

09/30/82         Petition filed

05/18/83         USDC denied Petition

Florida Supreme Court – 3.850 Motion Appeal, Petitionfor Writ of Habeas Corpus, Stay of Execution

FSC# 62,696 & 62,697

420 So.2d 872

10/02/82         Appeal, Petition, and Stay filed

10/05/82         FSC affirmed denial of 3.850 Motion and denied Petition and Stay

10/28/82         Mandate issued

U.S. Court of Appeals, 11th Circuit – Petition forWrit of Habeas Corpus Appeal

USCA# 83-3563

733 F.2d 766

08/29/83         Appeal filed

05/16/84         Remanded to the USDC for an evidentiary hearing

U.S. Supreme Court – Petition for Writ of Certiorari(filed by State)

USSC# 84-1234

471 U.S. 1107

01/29/85         Petition filed

05/13/85         USSC denied Petition

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

USSC# 84-6326

471 U.S. 1111

02/28/85         Petition filed

05/13/85         USSC denied Petition

U.S. District Court, Middle District – HabeasEvidentiary Hearing

USDC# 82-195-Civ-Oc-14

09/19/85         Evidentiary hearing held

01/08/86         USDC denied Petition

U.S. Court of Appeals, 11th Circuit – Petition forWrit of Habeas Corpus Appeal

USCA# 86-3073

805 F.2d 945

02/03/86         Appeal filed

11/17/86         USCA affirmed denial of Petition

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

USSC# 87-5048

484 U.S. 905

07/06/87         Petition filed

10/13/87         USSC denied Petition

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 71,284

531 So.2d 76

10/14/87         Petition filed

05/12/88         FSC denied Petition

07/20/88         Rehearing denied

Circuit Court – 3.850 Motion

CC# 78-52

08/23/88         Motion filed

09/09/88         Circuit Court denied Motion

Florida Supreme Court – 3.850 Motion Appeal and Stayof Execution

FSC# 73,029

541 So.2d 1125

09/12/88         3.850 Appeal and Stay of Execution (set for 09/14/88) filed

03/09/89         FSC affirmed conviction, but vacated death sentence and remanded for

                       resentencing. Resentenced to death on 2/21/91

05/11/89         Rehearing denied and Mandate issued

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 77,278

577 So.2d 1326

01/23/91         Petition filed

02/26/91         FSC denied Petition

Florida Supreme Court – Direct Appeal (afterresentencing)

FSC# 77,563

614 So.2d 473

03/08/91         Appeal filed

01/14/93         FSC affirmed sentence of death

03/22/93         Rehearing denied

04/21/93         Mandate issued

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

USSC# 92-8753

510 U.S. 834

05/17/93         Petition filed

10/04/93         USSC denied Petition

Circuit Court – 3.850 Motion

CC# 78-52

02/14/97         Motion filed

10/30/97         Circuit Court denied motion

Florida Supreme Court – 3.850 Motion Appeal

FSC# 92,008

742 So.2d 225

12/15/97         3.850 Appeal filed

07/01/99         FSC affirmed denial of motion

08/03/99         Mandate issued

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# SC00-1599

792 So.2d 447

08/02/00         Petition filed

05/10/01         FSC denied petition

08/15/01         Rehearing denied 

U.S. District Court, Middle District – FederalPetition for Writ of Habeas Corpus

USDC# 5:00 CV 247

(Pending)

08/07/00         Petition filed

01/29/01         USDC administratively closed case pending state proceedings

07/26/01         USDC administratively reopened the case

03/20/03         USDC stayed proceedings pending resolution of 3.850

07/12/04         USDC administratively closed case pending state proceedings

Circuit Court – 3.850 Motion

CC# 78-52

08/10/01         Motion filed

05/13/08         Motion denied

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

USSC# 01-6939

534 U.S. 1136

10/12/01         Petition filed

02/19/02         USSC denied Petition

Circuit Court – 3.851 Motion (Mental Retardation)

CC# 78-52

11/30/04         Motion filed

06/24/08         Motion denied

Florida Supreme Court – 3.851 Appeal

FSC# 08-1408

993 So. 2d 512

07/24/08         Appeal filed

09/15/08         Appeal denied

Florida Supreme Court – 3.851 Appeal

FSC# 10-1335

(Pending)

07/09/10          Appeal filed

Death Warrant Information:

09/09/82         Death warrant signed by Governor Graham

10/05/82         Stay of execution granted by USDC

08/11/88         Death warrant signed by Governor Martinez

09/14/88         Stay of execution granted by FSC

Clemency Hearing:

08/03/82         Clemency hearing held (denied)

Factors Contributing to the Delay in Imposition ofSentence:

The delay in the execution of the sentence in this case appearsto be the result of the multiple appeals filed by Hall and the subsequenthearings that have resulted.  Hall has been sentenced twice for the crimeand has had appeals at all levels of the court system, both state andfederal.   One of the most obvious delays is in the extended periodof time that elapsed between the U.S. Supreme Court’s denial of Certiorari on10/04/93 and the filing of a 3.850 motion on 02/14/97. 

Case Information:

Hall filed a Direct Appeal with the Florida Supreme Court on07/06/78, challenging his conviction for First-Degree Murder and the resultingdeath sentence.  Hall raised a number of issues on appeal: the statefailed to prove its case in the trial, inflammatory remarks by the prosecutorand commenting on Hall’s refusal to testify, and collateral crime evidenceadmitted in the trial.  The FSC affirmed the conviction and sentence ofdeath on 07/16/81.

A death warrant for Hall was signed by the Governor on09/09/82, and the execution was set for 10/06/82.

Hall filed a 3.850 Motion with the Circuit Court on09/28/82, which was denied on 10/01/82. 

A 3.850 Motion Appeal, Petition for Writ of Habeas Corpusand a Stay of Execution were filed with the Florida Supreme Court on10/02/82.  Hall cited the following issues in the appeal: the courtimproperly denied the motion to vacate, ineffective assistance of counsel, Hallwas not present at some stages of the jury selection, and sentencingerrors.  The FSC affirmed the denial of the 3.850 Motion, denied thePetition for Habeas relief and the Stay of Execution on 10/05/82.

A Stay of Execution was issued by the U.S. District Court,Middle District, on 10/05/82 and expired on 06/03/83.

Hall filed a Petition for Writ of Habeas Corpus with theU.S. District Court, Middle District on 9/30/82 that was denied on 05/18/83.

On appeal, the U.S. Circuit Court of Appeals affirmed inpart and reversed in part the decision of the USDC.  The case was remandedfor an evidentiary hearing on 05/16/84. 

The State filed a Petition for Writ of Certiorari with theU.S. Supreme Court on 01/29/85 that was denied on 05/13/85. 

Hall filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 02/28/85 that was denied on 05/13/85.

On 01/08/86, the USDC denied relief, and the USCA affirmedthis decision on 11/17/86.

Hall filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 07/06/87 that was denied on 10/13/87.

Hall filed a Petition for Writ of Habeas Corpus with the FloridaSupreme Court on 10/14/87, arguing that the court did not considernon-statutory mitigating circumstances in the sentencing phase of thetrial.  Prior to this appeal, the U.S. Supreme Court ruled in Hitchcock v.Dugger (1987) that courts must consider non-statutory, as well as statutorymitigating circumstances, in the sentencing phases of capital trials.  TheFSC denied the Petition on 05/12/88.

On 08/11/88, a second death warrant was signed by theGovernor, scheduling the execution for 09/20/88.

Hall filed a 3.850 Motion with the Circuit Court on08/23/88, which was denied on 09/09/88.

Hall filed a 3.850 Appeal with the Florida Supreme Court on09/12/88, citing that the court erred in not weighing non-statutory mitigatingcircumstances in the sentencing phase of the trial.  Previously, the FSCdenied a Habeas Petition that argued those exact points, yet the FSC decided toaddress these points in the present 3.850 Motion Appeal, instead of the HabeasPetition.  During the deliberation in this appeal, the FSC issued a Stayof Execution on 09/14/88.  On 03/09/89, the FSC vacated Hall’s deathsentence and remanded it for resentencing with a new jury.  In addition tothis ruling, the court ordered that all future Hitchcock claims be raised in3.850 motions, not Habeas petitions.

Hall filed a pro se Petition for a Writ of Habeas Corpuswith the Florida Supreme Court on 01/23/91 that was denied, without comment, bythe FSC on 02/26/91.

Hall was resentenced to death on 02/21/91.  The juryrecommended a death sentence by a vote of 8-4.

Hall filed a Direct Appeal with the Florida Supreme Court on03/08/91, citing numerous issues: juror selection bias; exclusion ofsympathetic juror instructions; exclusion of co-defendant’s conviction;exclusion of sympathetic witness testimony; improper consideration of juryrecommendation by the judge; the re-sentencing court improperly foundadditional aggravating factors; the state did not prove two aggravating factors– avoid or prevent arrest and cold, calculated, and premeditated murder;unconstitutional vagueness of the heinous, atrocious, or cruel aggravatingfactor; findings of mitigating evidence; and death sentence not proportionatewith his codefendant’s sentence.  The FSC affirmed the resentence on01/14/93.

Hall filed a Petition for a Writ of Certiorari with the U.S.Supreme Court on 05/17/93 that was denied on 10/04/93.

Hall filed a 3.850 Motion with the Circuit Court on02/14/97, which was denied on 10/30/97.

Hall filed a 3.850 Motion Appeal with the Florida SupremeCourt on 12/15/97, citing five issues: the unconstitutionality of Florida’scapital sentencing statute in that it allows for the execution of a mentallyretarded inmate, Hall is not competent to be resentenced, electrocution iscruel and unusual punishment, trial court’s summary denial of all but one ofHall’s thirty-three claims violated due process guarantees, and fundamentalerror that aggravators outweighed mitigating circumstances in theresentencing.  The FSC affirmed the lower court’s denial of the 3.850Motion on 07/01/99.

Hall filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 08/02/00, citing ineffective assistance of trialcounsel.  The FSC denied the Petition on 05/10/01.

Hall filed a federal Petition for Writ of Habeas Corpus withthe U.S. District Court, Middle District on 08/07/00.  On 01/29/01, theUSDC administratively closed the case pending resolution of the state-levelHabeas Petition.  On 07/26/01, the USDC administratively reopened the case,which is currently pending before the court.  On 03/20/03, the USDC stayedproceedings in the case pending the resolution of the 3.850 Motion.  On07/12/04, the USDC administratively closed the case pending resolution ofstate-level proceedings. 

Hall filed a 3.850 Motion in the Circuit Court on 08/10/01,citing mental retardation issues.  The motion was denied on05/13/08. 

Hall filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 10/12/01 that was denied on 02/19/02.

Hall filed a 3.851 Motion with the Circuit Court on11/30/04, citing claims of mental retardation.  The motion was denied on06/24/08.

Hall filed a 3.851 Appeal with the Florida Supreme Court on07/24/08. The motion was denied on 09/15/08.

Hall filed a 3.851 Appeal with the Florida Supreme Court on07/09/10.  This motion is still pending.

Institutional Adjustment:

THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.

DATE                   DAYS                   VIOLATION                                      LOCATION      

05/11/69                0                            DISRESP TO OFFICIALS                 FLORIDA STATE PRISON

06/28/69               30                         FIGHTING                                           FLORIDA STATE PRISON

07/10/69                0                            DEST. OF STATEPROP.                   FLORIDA STATE PRISON

04/15/72               15                          THEFT                                                 FLORIDA STATE PRISON

11/16/78               30                          PART.IN DISTURBANCE                 FLORIDASTATE PRISON

11/23/79                0                            FIGHTING                                           FLORIDA STATE PRISON

12/17/79                0                            FIGHTING                                           FLORIDA STATE PRISON

11/01/80               15                          DISOBEYING ORDER        FLORIDA STATE PRISON

02/01/82                0                            FIGHTING                                           CENTRAL OFFICE     

05/28/82                0                            DISOBEYING ORDER                        CENTRALOFFICE     

06/23/82                0                            DISOBEYINGORDER                       CENTRAL OFFICE     

07/27/82                0                            DISORDERLY CONDUCT                CENTRAL OFFICE     

10/23/82               60                          DISOBEYINGORDER                       CENTRAL OFFICE     

10/27/82                0                            SPOKENTHREATS                           CENTRALOFFICE     

03/15/83                0                            DISORDERLY CONDUCT                        FSP -WORK CAMP    

03/23/83                0                            SPOKEN THREATS                           FSP- WORK CAMP    

03/23/83                0                            DISOBEYINGORDER                        FSP - WORK CAMP    

03/25/83                0                            DISRESPECT TO OFFICIALS          FSP - WORK CAMP    

03/26/83                0                           DISRESPECT TO OFFICIALS          FSP - WORK CAMP    

07/03/83                0                            DISOBEYINGORDER                        FSP - WORKCAMP    

03/05/85               60                         DISORDERLY CONDUCT                 FLORIDA STATE PRISON

01/28/86               30                          SPOKENTHREATS                           FLORIDA STATEPRISON

06/28/87               60                          DISORDERLYCONDUCT                 FLORIDA STATE PRISON

05/26/88               60                          DISOBEYINGORDER                        FLORIDA STATE PRISON

11/15/88               30                         FIGHTING                                           FLORIDA STATE PRISON

10/06/89                0                            DISOBEYINGORDER                        FLORIDA STATE PRISON

03/20/90                0                            DISORDERLYCONDUCT                 FLORIDA STATE PRISON

07/06/90               30                          DISOBEYINGORDER                        FLORIDA STATE PRISON

07/19/90                0                            DEST. OF STATEPROP.                   FLORIDA STATE PRISON

07/25/90                0                            DISOBEYINGORDER                        FLORIDA STATE PRISON

07/26/90                0                            DISOBEYINGORDER                        FLORIDA STATE PRISON

02/07/91                0                            LYING TOSTAFF                             FLORIDA STATE PRISON

05/09/91               30                          DISRESPECT TO OFFICIALS          FLORIDA STATE PRISON

12/08/91                0                            DISORDERLYCONDUCT                 FLORIDA STATE PRISON

05/26/92                0                            SPOKENTHREATS                           FLORIDA STATEPRISON

08/18/92               30                          UNARMEDASSAULT                     FLORIDA STATE PRISON

09/24/92                0                            DISORDERLYCONDUCT                 FLORIDA STATE PRISON

01/15/93                0                            DISOBEYINGORDER                        UNION C.I.        

05/09/93                0                            DISOBEYINGORDER                        UNION C.I.        

12/04/97                5                            POSS OFCONTRABAND                UNION C. I.        

07/24/98                0                            DISRESPECT TO OFFICIALS          UNION C. I.        

12/11/98                0                            DISOBEYINGORDER                        UNION C.I.        

06/24/99                0                            UNARMEDASSAULT                     UNION C. I.

09/07/99                0                            DISRESPECT TO OFFICIALS          UNION C. I.

10/03/99                0                            POSS OFCONTRABAND                UNION C. I.

10/12/04                0                            DISRESP.TOOFFICIALS                  UNION C. I.

________________________________________________________________________

Report Date:    05/24/01          JFL

Approved:       06/07/01          WS

Updated:          07/14/10         CAR