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. 

NELSON, Micah Louis (B/M)

DC#    535168

DOB: 11/29/75

Tenth Judicial Circuit, Polk County, Case# 97-6806-CF

Sentencing Judge, Trial: The Honorable J. Michael Hunter

Attorneys, Trial: Robert Trogolo & Julia Williamson –Assistant Public Defenders

Attorney, Direct Appeal: A. Anne Owens – Assistant PublicDefender

Attorneys, Collateral Appeals: Richard E. Kiley & JamesV. Viggiano – CCRC-M

Date of Offense:  11/16/97

Date of Sentence:  03/17/00

Circumstances of the Offense:

In the early morning hours of 11/17/97, Micah Nelson brokeinto Virginia Brace’s home through the bathroom window.  Brace, who was78-years-old, was lying asleep in her bedroom.  Her hearing aid andglasses were removed.  Upon hearing the intruder, Brace woke up screamingand a struggle ensued between the two.  Nelson sexually assaulted Braceand then forced her into the trunk of her car.  Nelson drove around in thecar for several hours and eventually stopped in an orange grove where the carbecame stuck in soft sand.

At 9:30 a.m., heavy equipment operator, Steven Weir, arrivedto assist in removing the car from the sand. Weir testified that, as he waspulling the car out, Nelson acted nervous and unusual.  While Weir washooking up the car to be towed, he felt a thud come from the trunk. Nelsonexplained that he had a dog back there and turned up the volume of the carradio to drown out the noise. As soon as the car was removed from the sand,Nelson sped off.

Nelson then took Brace to another orange grove where he lether out of the trunk and dragged her 175 feet into the grove.  He thenattempted to strangle Grace. When this attempt failed, he emptied a fireextinguisher into her mouth and forced a tire iron into her mouth and throughthe back of her head.

On the afternoon of 11/17/97, Joann Lambert noticed Brace’scar parked near her house.  She did not recognize the car and becamesuspicious later in the evening when the car had not moved.  A localdeputy arrived at the car to investigate.  He found Nelson sleeping in theback seat of the car.  Upon questioning, Nelson claimed to have borrowedthe car from a friend.  The deputy’s computer program used to verifyDepartment of Motor Vehicles records was not working, but the deputy did noticean insurance card in the car with the name of Brace on it.  Since Nelsondid not have a driver’s license, the Deputy made him leave the car parked andgave him a ride to his sister’s house.

Later that evening, the deputy heard an announcement overthe police radio regarding Brace.  The deputy, along with a sergeant,returned to the vehicle and identified it as belonging to Brace.  Nelsonwas interrogated by police on November 17th, 18th and 19th. During the finalinterrogation, Nelson confessed to murdering Brace and showed the police thelocation of the body.

Medical examination confirmed Nelson’s statements regardingthe tire iron and fire extinguisher.  The examination also revealed thatBrace suffered from a crushed vertebra and three broken ribs.  Evidencesuch as fingerprints, shoe prints, DNA testing of pubic hair found on Brace’sbed and blood stains, were all consistent with Nelson’s guilt.

Trial Summary:

12/10/97         Indicted as follows:

                                   Count I:          First-Degree Murder

                                   Count II:         Kidnapping

                                   Count III:        Burglary of a Structure

                                   Count IV:        Grand Theft Auto

12/19/97         Defendant was charged by Information from Highlands County on the followingcounts:

                                   Count I:           Burglaryof a Conveyance

                                   Count II:         Sexual Battery

12/14/99         Jury returned guilty verdicts on all counts of the indictment

12/22/99         Jury recommended death by a vote of 9-3 majority

03/17/00         Sentenced as follows:

                                   Count I:          First-Degree murder – Death sentence

                                   Count II:         Kidnapping – Life

                                   Count III:        Burglary of a Structure –Life

                                   Count IV:        Grand Theft Auto – 15 years

                       Information from Highlands County:

                                   Count I:           Burglaryof a conveyance – Life

                                   Count II:         Sexual Battery – Life

Additional Information:

During trial, Nelson claimed to be mentally ill.  Hestated that on the day of the murder he suffered from hallucinations anddepression. These claims, however, had no evidence to support them and were disregardedby the court.  Several witnesses who encountered Nelson before the murdertestified that his behavior was normal. 

During Nelson’s 3.850 Motion, filed on 09/17/04, acompetency hearing took place on 09/27/06.  On 12/14/06, an order wasissued finding Nelson competent to proceed.

Prior Incarceration History in the State of Florida:

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 00-876

850 So. 2d 514

04/24/00         Appeal filed

10/03/02         FSC affirmed convictions and sentences

07/10/03         Opinion revised and affirmed

08/07/03         Mandate issued

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 03-6875

124 S.Ct. 961

10/08/03         Petition filed

12/15/03         Petition denied

State Circuit Court – 3.850 Motion

CC# CF97-06806A-XX

09/17/04         Motion filed

02/13/08         Motion denied

Florida Supreme Court – 3.851 Appeal

FSC# 07-1481

969 So.2d 1014 (2007)

08/06/07         Appeal filed

10/26/07         Voluntarily dismissed

Florida Supreme Court – 3.851 Appeal

FSC# 08-589

43 So.3d 20

03/27/08          Appeal filed

04/29/10          FSC affirmed denial of 3.851 Motion

05/10/10          Motion for Rehearing filed

08/23/10          Motion denied

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 08-1965

43 So.3d 20

10/20/08        Petitionfiled

04/29/10          Petition denied

05/10/10          Motion for Rehearing filed

08/23/10          Motion denied

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

USDC# 10-02280

(Pending)

10/12/10          Petition filed

Case Information:

On 04/24/00, Nelson filed a Direct Appeal to the FloridaSupreme Court.  Issues presented were whether error occurred in denyingNelson’s motion to suppress statements and evidence that was involuntary. Nelson contended that he was coerced into locating Brace’s body throughuse of the “Christian burial” technique.  Error was also argued to haveoccurred in instructing the jury on and finding that Nelson murdered the victimto avoid a lawful arrest, finding that the murder was committed in a coldcalculated and premeditated manner without and pretense of moral or legaljustification, and allegedly failing to consider and weigh mitigatingcircumstances. Nelson also contended that the sentence of death wasdisproportionate in comparison to other capital cases involving mentallydisturbed defendants. The court examined the records and determined that therewas substantial evidence to support the conviction of first-degreemurder.  The conviction and sentence was affirmed on 10/03/02.  On07/10/03, the motion for rehearing was denied and a revised opinion reaffirmingNelson’s sentence was substituted in place of the previous opinion.

On 10/08/03, Nelson filed a Petition for Writ of Certiorarito the United States Supreme Court.  On 12/15/03, the petition was denied.

On 09/17/04, Nelson filed a 3.850 Motion to the CircuitCourt, which was denied on 02/13/08.

On 08/06/07, Nelson filed a 3.851 Appeal to the FloridaSupreme Court and then voluntarily dismissed his own motion on 10/26/07.

On 03/27/08, Nelson filed a 3.851 Appeal to the FloridaSupreme Court.  The Florida Supreme Court affirmed the denial of the 3.851Motion on 04/29/10. A motion for rehearing was filed in 05/10/10 and was deniedon 08/23/10.

On 10/20/08, Nelson filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court.  The petition was denied on 04/29/10.A motion for rehearing was filed in 05/10/10 and was denied on 08/23/10.

Nelson filed a Petition for Writ of Habeas Corpus in theUnited States District Court, Middle District on 10/12/10. This petition iscurrently pending.

Institutional Adjustment:

_______________________________________________________________________

Report Date:  10/08/04          DDK

Approved:      10/15/04          JFL

Updated:         12/07/10         EMJ