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.


Inmate

Last NameFirst NamePictureDC NumberAgencyCase Summary
MeeksDouglas 046346RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
12/4/2000USSC00-7352Petition of Certiorari filed
2/20/2001USSC00-7352Petiton of Certiorari denied

Current Attorney


Cases


Last Updated

2008-01-09 11:43:13.0


Case Summary
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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.

 

MEEKS, Douglas Ray (B/M)

DC#    046346

DOB:  06/28/53

 

Third Judicial Circuit, Taylor County, Case# 74-299CF

Sentencing and Resentencing Judge:  The Honorable JohnRoyce Agner

Trial Attorney:  John F. Howard – Private   

Attorney, Direct Appeal:  John F. Howard – Private 

Attorney, Collateral Appeals: Clyde M. Taylor, Jr. –Registry

 

Date of Offense:  11/06/74

Date of Sentence:  03/12/75

Date of Resentence:  09/23/77

 

Circumstances of the Offense:

 

Douglas Ray Meeks was convicted and sentenced to death forthe murder of Lloyd Walker on 03/12/75.

 

On the evening of 11/06/74, Douglas Ray Meeks and HomerHardwick entered the Jr. Food Store of Perry, Florida.  Meeks pulled a gunon the store’s cashier, Diane Allen, and Hardwick grabbed Lloyd Walker, ateenager in the store.  After giving Meeks about $35 from the cashregister, Allen and Walker were taken to the back of the store and told to lieface down on the floor of the bottle storage room.  Meeks fired severalshots before he and Hardwick fled the scene.  Walker died from the gunshotwounds, but Allen survived and testified for the State.  Meeks wasarrested on 11/12/74.

 

Codefendant Information:

 

Homer Hardwick (DC# 046777)

 

Hardwick was convicted of first-degree murder, armedrobbery, and aggravated assault with no intent to kill (CC# 74-298). Hardwick received two life sentences for the first two offenses and 15 years ofimprisonment for the third offense.

Additional Information:

 

Meeks was indicted for a second, similar offense hecommitted two weeks prior to this offense (CC# 74-300).

 

Meeks was previously arrested in the state of Mississippiand charged with fighting and trespassing.  He consequently served minorjail time for these offenses.

 

Meeks had no previous incarceration history in the state ofFlorida prior to the instant murder convictions.

 

Trial Summary:

 

11/19/74         Indicted as follows:

                                   Count I:          First-Degree Murder

                                   Count II:         Robbery

                                   Count III:        Assault with Intent toCommit Murder

                                   Count IV:        Possession of aFirearm/Commission of a Felony

03/12/75         Jury returned guilty verdicts on all counts of the indictment

03/12/75         Jury recommended death by a vote of 12-0

03/12/75         Sentenced as follows:

                                   Count I:          First-Degree Murder – Death

                                   Count II:         Robbery – Life

                                  Count III:        Assault with Intent toCommit Murder – 15 years to run consecutively with Count II

                                  Count IV:        Possession of aFirearm/Commission of a Felony – 15 years to run consecutively with Count III

05/06/77         FSC issued an order requiring the trial judge, John Royce Agner, to respond tothe decree made by the United States Supreme Court in Gardner v. Florida[1].

05/19/77         Judge Agner filed a response regarding the Gardner question, stating that heconsidered Dr. Carrera’s examination of Meeks without furnishing a copy of theaforementioned report to Meeks’ defense counsel for explanation or refutation.

06/22/77         FSC remanded Meeks’ case to the Circuit Court for an evidentiary hearingconcerning resentencing pursuant to the ruling made in Gardner.

09/23/77         Evidentiary hearing held in the Circuit Court, before Judge Agner.  Meekswas resentenced to death, after evidence was considered under the guidelinesset forth in Gardner. 

Appeal Summary:

 

*NOTE:  Following the Direct Appeals of both deathsentences (CC# 74-299 & CC# 74-300) and the ensuing Petition for Writ ofCertiorari filed pursuant to CC# 74-299, the two murder cases began to navigatethe appellate process together, whereby one filing covered both cases.

 

Florida Supreme Court – Direct Appeal

FSC# 47,533

339 So. 2d 186 (Fla. 1976)

364 So. 2d 461 (Fla. 1978)

 

06/11/75         Appeal filed

11/02/78         FSC affirmed the conviction and sentence of death

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 76-6882

439 U.S. 991 (U.S. 1978)

 

06/08/77         Petition filed

11/27/78         Petition denied

 

State Circuit Court – 3.850 Motion

CC# 74-299

 

12/11/79         Motion filed

02/05/80         Motion denied

02/08/80         Order amended

 

Florida Supreme Court – 3.850 Appeal

FSC# 58,618

382 So.2d 673 (Fla. 1980)

 

02/07/80         Appeal filed

03/20/80         FSC remanded to the Circuit Court for an evidentiary hearing to examine Meeks’claim of ineffective counsel

04/07/80         Motion for rehearing filed

05/19/80         Rehearing denied

 

State Circuit Court – 3.850 Motion (On Remand fromFSC)

CC# 74-299

 

03/20/80         FSC remanded to the Circuit Court for an evidentiary hearing to examine Meeks’claim of ineffective counsel

10/22/80         Motion denied

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 82-5744

459 U.S. 1155 (U.S. 1983)

 

11/13/82         Petition filed

01/17/83         Petition denied

 

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

USDC# 80-0746

 

11/08/82         Petition filed

06/28/85         Petition denied

 

United States Court of Appeals for the 11th Circuit –Habeas Appeal

USCA# 87-3281

963 F.2d 316 (U.S. 1992)

 

*NOTE:  In 1987, while this appeal was pending, theUnited States Supreme Court rendered a decision in Hitchcock v. Dugger[2], pointing out an errorthat may have affected the sentencing in Meeks’ cases.  The United StatesCourt of Appeals for the 11th Circuit ordered a remand in order for Meeks topresent his Hitchcock claim to the Florida Supreme Court.

 

08/19/85         Appeal filed

05/29/92         USCA remanded Meeks’ petition to the District Court for an evidentiary hearingto examine Meeks’ claim of ineffective counsel at trial and on appeal

08/24/92         Rehearing denied

 

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 71,947

576 So. 2d 713 (Fla. 1991)

 

02/18/88         Petition filed

06/22/89         FSC granted the petition and remanded for an evidentiary hearing to determineif a Hitchcock error occurred, requiring a new penalty phase proceeding

01/10/91         FSC withdrew their previous ruling

04/11/91         FSC issued a new opinion, granted the petition and remanded for an evidentiaryhearing

State Circuit Court – Evidentiary Hearing (On Remandfrom FSC)

CC# 74-299

 

04/11/91         FSC granted the petition and remanded for an evidentiary hearing

 

United State Supreme Court – Petition for Writ ofCertiorari (Filed by State)

USSC# 92-931

507 U.S. 950; 113 S. Ct. 1362; 122 L. Ed. 2d 741 (U.S. 1993)

 

11/23/92         Petition filed

02/22/93         Petition denied

 

United States District Court, Northern District –Petition for Writ of Habeas Corpus (On Remand From USCA)

USDC# 80-746

 

05/29/92         USCA remanded Meeks’ petition to the District Court for an evidentiary hearingto examine Meeks’ claim of ineffective counsel at trial and on appeal

09/29/98         Petition denied

 

United States Court of Appeals for the 11th Circuit –Habeas Appeal

USCA# 98-3693

216 F. 3d 951 (U.S. 2000)

 

*NOTE:  After the Florida Supreme Court granted Meeks’Petition for Writ of Habeas Corpus for an evidentiary hearing to determinewhether a Hitchcock error occurred necessitating a new penalty phase, the StateCircuit Court proceedings were held in abeyance until the resolution of thisFederal Habeas Appeal.

 

01/04/99         Appeal filed

06/27/00         USCA affirmed the District Court’s denial of Meeks’ Petition for Writ of HabeasCorpus

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 00-7352

531 U.S. 1159

 

12/04/00         Petition filed

02/20/01         Petition denied

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 be relied on forstatistical or legal purposes.

 

MEEKS, Douglas Ray (B/M)

DC# 046346

DOB:  06/28/53

 

Third Judicial Circuit, Taylor County, Case# 74-300CF

Sentencing Judge:  The Honorable John Royce Agner

Trial Attorney:  John F. Howard – Private  

Attorney, Direct Appeal:  John F. Howard –Private 

Attorney, Collateral Appeals:  Clyde M. Taylor, Jr. –Registry

 

Date of Offense:  10/24/74

Date of Sentence:  06/04/75 

 

Circumstances of the Offense:

 

Meeks was convicted and sentenced to death for the murder ofChevis Thompson on 10/24/74.

 

Meeks entered the Majik Market convenience store in Perry,Florida on the morning of 10/24/74.  Chevis Thompson, the manager of thestore, was working alone.  According to Meeks’ statements, he stabbedThompson when she confronted him about stealing an item from the store. Several young adults witnessed the defendant fleeing the scene.  As thewitnesses entered the store, Thompson began waving her hands wildly at them,signaling for help; she was stabbed in the neck.  Thompson consequentlydied from the injuries she suffered.

 

Upon examination of the crime scene, investigators foundbloody prints all over the cash register, as if someone was attempting to openthe drawer.  Meeks was arrested on 11/12/74.

 

Trial Summary: 

 

11/19/74         Indicted as follows:

CountI:           First-DegreeMurder (Chevis Thompson)

12/16/74         Defendant entered a plea of “not guilty by reason of insanity”

06/04/75         Jury returned guilty verdicts on all counts of the indictment

06/04/75         Jury recommended death by a vote of 12-0

06/04/75         Sentenced as follows:

                                   CountI:           First-DegreeFelony Murder – Death

05/06/77         FSC issued an inquiry pursuant to Gardner, to which Judge Agner replied thathis sentencing decision was based solely on information known to the defendant,therefore meeting the guidelines of Gardner.

 

Additional Information:

 

Meeks was indicted for a second, similar offense hecommitted two weeks after this offense (CC# 74-299).

 

Meeks was previously arrested in the state of Mississippiand charged with fighting and trespassing.  He consequently served minorjail time for these offenses.

 

Meeks had no previous incarceration history in the state ofFlorida prior to the instant murder convictions.

 

Appeal Summary:

 

*NOTE:  Following the Direct Appeals of both deathsentences (CC# 74-299 & CC# 74-300) and the ensuing Petition for Writ of Certiorarifiled pursuant to CC# 74-299, the two murder cases began to navigate theappellate process together, whereby one filing covered both cases.

 

Florida Supreme Court – Direct Appeal

FSC# 48,080

336 So. 2d 1142 (Fla. 1976)

 

09/26/75         Appeal filed

07/21/76         FSC affirmed the conviction and death sentence

08/18/76         Motion for rehearing filed

09/30/76         Rehearing denied

 

*NOTE:  At this point in the appellate process, each ofMeeks’ motions and appeals were filed pursuant to both cases CC# 74-299 &CC# 74-300.

 

State Circuit Court – 3.850 Motion

CC# 74-300

 

12/31/79         Motion filed

02/05/80         Motion denied

02/08/80         Order amended

 

Florida Supreme Court – 3.850 Appeal

FSC# 58,618

382 So.2d 673 (Fla. 1980)

 

02/07/80         Appeal filed

03/20/80         FSC remanded to the Circuit Court for an evidentiary hearing to examine Meeks’claim of ineffective counsel

04/07/80         Motion for rehearing filed

05/19/80         Rehearing denied

 

State Circuit Court – 3.850 Motion (On Remand fromFSC)

CC# 74-300

 

03/20/80         FSC remanded to the Circuit Court for an evidentiary hearing to examine Meeks’claim of ineffective counsel

10/22/80         Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 59,958

418 So. 2d 987 (Fla. 1982)

 

11/25/80         Appeal filed

06/17/82         FSC affirmed the Circuit Court’s denial of Meeks’ 3.850 Motion

09/13/82         Rehearing denied

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 82-5744

459 U.S. 1155 (U.S. 1983)

 

11/13/82         Petition filed

01/17/83         Petition denied

 

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

USDC# 80-0746

 

11/08/82         Petition filed

06/28/85         Petition denied

 

United States Court of Appeals for the 11th Circuit –Habeas Appeal

USCA# 87-3281

963 F.2d 316 (U.S. 1992)

 

*NOTE:  In 1987, while this appeal was pending, TheUnited States Supreme Court rendered a decision in Hitchcock v. Dugger[3], pointing out an errorthat may have affected the sentencing in Meeks’ cases.  The United StatesCourt of Appeals for the 11th Circuit ordered a remand in order for Meeks topresent his Hitchcock claim to the Florida Supreme Court.

 

08/19/85         Appeal filed

05/29/92         USCA remanded Meeks’ petition to the District Court for an evidentiary hearingto examine Meeks’ claim of ineffective counsel at trial and on appeal

08/24/92         Rehearing denied

 

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 71,947

576 So. 2d 713 (Fla. 1991)

 

02/18/88         Petition filed

06/22/89         FSC granted the petition and remanded for an evidentiary hearing to determineif a Hitchcock error occurred, requiring a new penalty phase proceeding

01/10/91         FSC withdrew their previous ruling

04/11/91         FSC issued a new opinion, granted the petition and remanded for an evidentiaryhearing

 

State Circuit Court – Evidentiary Hearing (On RemandFrom FSC)

CC# 74-300

 

04/11/91         FSC granted the petition and remanded for an evidentiary hearing

 

United State Supreme Court – Petition for Writ ofCertiorari (Filed by State)

USSC# 92-931

507 U.S. 950

 

11/23/92         Petition filed

02/22/93         Petition denied

 

United States District Court, Northern District –Petition for Writ of Habeas Corpus (On Remand From USCA)

USDC# 80-746

 

05/29/92         USCA remanded Meeks’ petition to the District Court for an evidentiary hearingto examine Meeks’ claim of ineffective counsel at trial and on appeal

09/29/98         Petition denied

 

United States Court of Appeals for the 11th Circuit –Habeas Appeal

USCA# 98-3693

216 F. 3d 951 (U.S. 2000)

 

*NOTE:  After the Florida Supreme Court granted Meeks’Petition for Writ of Habeas Corpus for an evidentiary hearing to determinewhether a Hitchcock error occurred necessitating a new penalty phase, the StateCircuit Court proceedings were held in abeyance until the resolution of thisFederal Habeas Appeal.

 

01/04/99         Appeal filed

06/27/00         USCA affirmed the District Court’s denial of Meeks’ Petition for Writ of HabeasCorpus

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 00-7352

531 U.S. 1159

 

12/04/00         Petition filed

02/20/01         Petition denied

 

Death Warrants:

 

01/09/80         Death warrant signed by Governor Bob Graham

02/11/80         Florida Supreme Court granted a stay of execution

 

10/20/82         Death warrant signed by Governor Bob Graham

11/10/82         United States District Court, Northern District, granted a stay of execution

 

04/21/87         Death warrant signed by Governor Bob Martinez

05/28/87         United States Court of Appeal for the 11th Circuit granted a stay of execution

 

Clemency:

 

12/12/79         Clemency hearing held (denied)

 

Factors Contributing to the Delay in the Imposition ofthe Sentence:

 

Three factors have contributed to the delays in thiscase.  First, the Circuit Court proceedings were held in abeyance pendingthe resolution of Meeks’ Federal Habeas Petition and subsequent appeal. This delay held up state proceedings for over ten years.  A second causeof delay in these cases was the four remands, three by the Florida SupremeCourt and one by the United States Court of Appeals.  The state SupremeCourt’s first remand was prompted by the United States Supreme Court’s decisionin Gardner v. Florida, which was issued subsequent to the Florida opinions onthe direct appeals.  The resulting Gardner inquiry to the trial court andsubsequent remand pushed back the filing of Meeks’ 3.850 motions byapproximately four years.  The third reason for delay was the FloridaSupreme Court’s withdrawal of its 1989 decision in Meeks’ Petition for Writ ofHabeas Corpus.  The court disposed of the case two years later.

 

Case Information:

 

Meeks filed a direct appeal (CC# 74-299) to the FloridaSupreme Court on 06/11/75.  He argued that his conviction should bereversed because the State failed to prove corpus delecti[4].  Meeks also claimed that the court erredduring the penalty phase in failing to poll the jury individually and in itsapplication of aggravating factors.  The Florida Supreme Court affirmedthe convictions and sentence of death on 10/28/76.  Following a Gardnerinquiry, the Circuit Court resentenced Meeks to death on 09/23/77, and theFlorida Supreme Court affirmed the Circuit Court’s decision on 11/02/78.

 

Meeks filed a direct appeal (CC# 74-300) to the FloridaSupreme Court on 09/26/75.  In that appeal, Meeks argued that the trialcourt erred in failing to prove corpus delecti and in not individually pollingthe jury as to their advisory recommendations.  The Court affirmed the convictionsand death sentence on 07/21/76.

 

Meeks filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 06/08/77, which was denied on 11/27/78.

 

Meeks then filed a 3.850 motion (CC# 74-299 & 74-300) tothe Circuit Court.  Of the many claims brought up in the motion, the courtonly responded to Meeks’ contention of ineffective counsel and racialdiscrimination in capital sentencing.  The Circuit Court denied Meeks’3.850 Motion on 02/08/80, after which he filed an appeal in the Florida SupremeCourt on 02/07/80.  The Court issued an opinion, in which they remanded tothe Circuit Court for an evidentiary hearing to examine Meeks’ claim ofineffective counsel.  Following an evidentiary hearing, the motion wasagain denied and the Florida Supreme Court affirmed this decision on 06/17/82.

 

On 11/13/82, Meeks filed a Petition for Writ of Certiorarito the United States Supreme Court, which was denied on 01/17/83.

 

On 11/08/82, Meeks filed a Petition for Writ of HabeasCorpus to the United States District Court, Northern District.  In thatpetition, he raised 13 issues, but the court only addressed Meeks’ claim ofineffective counsel at trial and the racial discrimination of capitalpunishment.  The District Court denied the petition on 06/28/85. 

 

Meeks filed an appeal in the United States Court of Appealsfor the 11th Circuit on 08/19/85.   In 1987, while this appeal waspending, the United States Supreme Court rendered a decision in Hitchcock, pointingout an error that may have affected the sentencing in Meeks’ cases.  TheUnited States Court of Appeals for the 11th Circuit ordered a remand in orderfor Meeks to present his Hitchcock claim to the Florida Supreme Court. Following the disposition of that action, the United States Court of Appealsfor the 11th Circuit remanded the case for an evidentiary hearing regardingMeeks’ claim of ineffective counsel at trial and on appeal on 05/29/92. The Court of Appeals also asked the District Court for an explanation as to whythey addressed only two of Meeks’ 13 points of appeal, when those 11 otherclaims were never formally withdrawn.

 

On 02/18/88, Meeks filed a Petition for Writ of HabeasCorpus to the Florida Supreme Court challenging his death sentences under theruling set forth in Hitchcock.  Meeks asserted that his defense counselwould have presented more mitigating evidence on his behalf but felt restrictedto presenting statutory mitigating factors alone.  The Florida Supreme Courtgranted Meeks petition and remanded for an evidentiary hearing on 06/22/89 butwithdrew that decision in January 1991.  The Court issued a new opinion,granted the petition, and remanded for an evidentiary hearing on 04/11/91.

 

The State filed a Petition for Writ of Certiorari to theUnited States Supreme Court on 11/23/92, which was denied on 02/22/93.

 

After the Florida Supreme Court granted Meeks’ Petition forWrit of Habeas Corpus due to a Hitchcock error and remanded for an evidentiaryhearing, the Circuit Court proceedings were held in abeyance until theresolution of Meeks’ Federal Habeas Appeal, which was remanded to the DistrictCourt in 1992.

 

After an evidentiary hearing on Meeks’ claim of ineffectivecounsel, following the Court of Appeals’ remand on 05/29/92, the United StatesDistrict Court denied Meeks’ Petition for Writ of Habeas Corpus on09/29/98.  Meeks then filed an appeal in the United States Court ofAppeals on 01/04/99.  The Court affirmed the denial of the Federal HabeasPetition on 06/27/00.

 

Following the disposition of Meeks’ Federal Habeas Appeal inJune 2000, the case is currently pending an evidentiary hearing with theCircuit Court (CC# 74-299 & 74-300).

 

Meeks filed a petition for Writ of Certiorari to the UnitedStates Supreme Court on 12/04/00, which was denied on 02/20/01.

 

Institutional Adjustment:

 

DATE            DAYS            VIOLATION                                    LOCATION       

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

06/04/75         90                   LUMP SUM FROM FSU                 CENTRAL OFFICE      

04/09/78         60                   UNARMED ASSAULT                   FLORIDA STATE PRISON

07/20/78         60                   DISOBEYINGORDER                   FLORIDA STATE PRISON

03/05/85         90                   INCITING RIOTS                            FLORIDA STATE PRISON

03/05/85         60                   DISOBEYING ORDER                   FLORIDA STATE PRISON

03/08/85         15                   POSS OF NEGOTIABLES              FLORIDA STATE PRISON

11/21/91         0                     LYING TO STAFF                           FLORIDA STATE PRISON

 

________________________________________________________________________

 

 

Report Date:  12/26/01          EW

Approved:      01/01/02          WS

Updated:        01/10/06          NRC



[1] Gardner v. Florida – The SupremeCourt ruled that it was a violation of due process rights to impose the deathpenalty if the trial judge considered information unknown to the defendant inrendering their sentencing decision.

[2] Hitchcock v. Dugger – TheUnited States Supreme Court ruled that it was error to instruct the jury as tostatutory mitigating evidence alone.  A death sentence was also deemederroneous if the trial court sentenced a defendant to death after onlyconsidering statutory mitigating factors, when there was also non-statutoryevidence available for consideration.

[3] Hitchcock v. Dugger – TheUnited States Supreme Court ruled that it was error to instruct the jury as tostatutory mitigating evidence alone.  A death sentence was also deemederroneous if the trial court sentenced a defendant to death after onlyconsidering statutory mitigating factors, when there was also non-statutoryevidence available for consideration.

[4] Corpus delecti –  thephysical or material evidence on which a crime has been committed.