The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied onfor statistical or legal purposes.
PARKER,Jr., Norman (B/M)
AKA: Nathen Parker or Shawn Vincent
DC# 019355
DOB: 09/29/44
EleventhJudicial Circuit, Miami-Dade County Case# 78-11151-A
SentencingJudge: The Honorable Fredricka G. Smith
Attorney,Trial & Direct Appeal: Benedict P. Kuehne – Private
Attorney,Collateral Appeals: Rachel L. Day, Billy H. Nolas (Private)& Julie D. Naylor – CCRC-S
Date ofOffense: 07/18/78
Date ofSentence: 11/18/81
Circumstancesof the Offense:
Duringan illegal drug transaction, the defendant, Norman Parker Jr., murdered JulioChavez with a single gunshot.
On07/18/78, Parker and codefendant Robbie Lee Manson were admitted into a Miamihome to complete an illegal drug deal with two male occupants of thehome. Soon thereafter, the defendants produced firearms and demandedcocaine and money from the two men. They were forced to surrenderjewelry, strip naked and lie on a bed. Two other occupants, a female andher boyfriend, were discovered in another room and also were forced to stripnaked and surrender jewelry. All four victims were then confined to thesame room, on the same bed. Parker then searched the home for additionalvaluables while Manson stood guard over the four occupants. After aperiod of time, Parker aimed a revolver at Chavez’s back, whereupon Mansonhanded him a pillow. Parker then shot Chavez through the pillow. The other three victims heard the muffled shot and nothing further fromChavez. Parker then committed a sexual battery on the female. BothParker and Manson then fled. They were later identified by the survivingvictims from a photographic lineup.
CodefendantInformation:
RobbieLee Manson – Fugitive
ADepartment of Corrections post-sentence investigation found that Robbie LeeManson was at large in 1981. No additional information is available.
Additionalinformation:
Parkerwas previously sentenced to life in prison in 1967 for a first-degree murderalso committed in Miami-Dade County. He escaped a few months prior to theJuly 1978 murder. He also was convicted of a second-degree murder hecommitted in Washington D.C. in August 1978.
Parkerfiled a 3.853 Motion (DNA testing) to the Circuit Court on 09/27/05; it isindigenous. Parker requested that the semen found on his clothing at thetime of the murder be tested, despite the original police report which statedthat no semen was on the clothing.
TrialSummary:
01/15/80 Indicted as follows:
Count I: First-Degree Murder (Julio Chavez)
Count II: Robbery
Count III: Robbery
Count IV: Robbery
Count V: Robbery
Count VI: Sexual Battery
Count VII: Unlawful Possession of a Firearm whileengaging in criminal offense
Count VIII: Unlawful Possession of a Firearm by aconvicted felon
09/18/81 Jury returned guilty verdicts on all counts of the indictment
Jury recommended death by a vote of 10-2
11/18/81 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Robbery – Life
Count III: Robbery – Life
Count IV: Robbery – Life
Count V: Robbery – Life
Count VI: Sexual Battery
CountVII: Unlawful Possession of a Firearm whileengaging in criminal offense – Suspended
Count VIII: Unlawful Possession of a Firearm by aconvicted felon – Life
Appeals Summary:
Florida Supreme Court – Direct Appeal
FSC#61,512
456 So.2d 436 (Fla. 1984)
12/21/81 Appeal filed
09/06/84 FSC affirmed the conviction and sentence
10/15/84 Mandate issued
State Circuit Court – 3.850 Motion
CC#78-11151-A
01/02/87 Motion filed
02/07/89 Motion denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC#72,466
537 So.2d 969 (Fla. 1988)
05/23/88 Petition filed
12/01/88 Petition denied
12/30/88 Motion for rehearing filed
02/27/89 Rehearing denied
FloridaSupreme Court – 3.850 Appeal
FSC#73,935
611 So.2d 1224 (Fla. 1992)
03/30/89 Appeal filed
10/15/92 FSC affirmed trial court’s denial of 3.850 Motion
11/30/92 Motion for rehearing filed
02/05/93 Rehearing denied
02/05/93 Mandate issued
State Circuit Court – 3.850 Motion
CC#78-11151-A
06/11/93 Motion filed
11/18/93 Motion denied
12/27/96 Rehearing denied
FloridaSupreme Court – 3.850 Appeal
FSC#89,936
718So.2d 744 (Fla. 1998)
02/21/97 Appeal filed
05/28/98 FSC affirmed trial court’s denial of 3.850 Motion
06/29/98 Motion for rehearing filed
09/23/98 Rehearing denied
10/23/98 Mandate issued
United StatesDistrict Court, Southern District – Petition for Habeas Corpus
USDC# 97-1191
04/23/97 Petition filed
05/14/02 Petition denied
UnitedStates Supreme Court – Petition for Writ of Certiorari
USSC#98-8333
119 S.Ct1580
02/26/99 Petition filed
05/03/99 Petition denied
United States Courtof Appeals – Petition for Writ of Habeas Corpus
USCA# 02-13292
331 F.3d 764
06/10/02 Petition filed
05/20/03 Petition denied
08/26/03 Motion for rehearing denied
09/03/03 Mandate issued
State Circuit Court– 3.850 Motion
CC# 78-11151-A
09/04/02 Motion filed
11/25/03 Motion denied
United StatesSupreme Court – Petition for Writ of Certiorari
USSC# 03-8101
540 U.S. 1222
12/30/03 Petition filed
03/01/04 Petition denied
Florida SupremeCourt – 3.850 Appeal
FSC# 04-52
908 So.2d 1058
01/12/04 Appeal filed
07/27/05 FSC affirmed trial court’s denial of 3.850 Motion
11/03/05 Rehearing denied
State Circuit Court– 3.853 Motion (DNA testing)
CC# 78-11151-A
09/27/05 Motion filed
06/06/06 Motion denied
Florida SupremeCourt – 3.853 Appeal
FSC# 06-1379
996So.2d 213
07/10/06 Appeal filed
10/11/07 FSC affirmed trial court’s denial of 3.853 Motion
10/26/07 Motion for Rehearing filed
11/14/08 Rehearing denied
CircuitCourt – 3.850 Motion
CC#78-11151-A
11/23/10 Motion filed
02/14/11 Motiondenied.
Florida SupremeCourt – 3.850 Appeal
FSC# 11-473
(Pending)
03/07/11 Appeal filed
Death Warrant:
04/21/88 Death warrant signed by Governor Martinez
06/22/88 Scheduled execution date
06/01/88 Trial court granted stay of execution
Factors Contributing tothe Delay in the Imposition of the Sentence:
There are three reasons forthe delays in this case: (1) The number of appeals filed (nine), (2) 2½years of inactivity between the Florida Supreme Court’s affirmation of thesentence in 1984 and the filing of Parker’s first 3.850 Motion in 1987 and (3)a the 4-year decision period for Parker’s Habeas petition filed in UnitedStates District Court.
Case information:
Parker filed a DirectAppeal to the Florida Supreme Court on 12/21/81. Numerous issues wereraised. First, Parker claimed the statements he gave to the police shouldhave been suppressed. Second, Parker claimed he was denied his Sixth andFourteenth Amendment rights to a fair trial. Third, Parker claimed thetrial court abused its discretion in refusing his request for additionalperemptory challenges. Fourth, Parker claimed trial court abused itsdiscretion in denying his challenges for cause on two members of the juryvenire. Fifth, the prosecution should not have been permitted tointroduce Parker’s admission that he shot a man in Washington, D.C. Sixth, the circumstantial evidence was insufficient to support his convictionis meritless. Seventh, Parker claimed he was denied a fair trial by theintroduction of evidence that he used aliases in D.C., suggesting that he was acriminal. Finally, there was a break in the chain of custody of thebullet taken from Chavez’s body and that this evidence should not have beenadmitted. The Court found all these claims meritless. On 09/06/84,the Court affirmed Parker’s convictions and death sentence. The mandate wasissued on 10/15/84.
Parker then filed a 3.850Motion to the Circuit Court on 01/02/87. While the case was pending,Governor Martinez signed a death warrant for Parker on 04/21/88. Thefollowing month, he petitioned the Florida Supreme Court for a Writ of HabeasCorpus on 05/23/88. While his 3.850 Motion was pending, the trial courtgranted a stay of execution on 06/01/88. The Habeas petition was deniedon 12/01/88 and the 3.850 Motion was denied on 02/07/89.
On 03/30/89, Parker fileda 3.850 Appeal to the Florida Supreme Court. The Court affirmed the trialcourt’s denial of the 3.850 Motion on 10/15/92. Parker filed a motion forrehearing on 11/30/92, which was denied on 02/05/93. The mandate wasissued on 02/05/93.
Parker then filed a second3.850 Motion to the Circuit Court on 06/11/93, which was denied 11/18/93.
Parker filed a 3.850Appeal to the Florida Supreme Court on 02/21/97. The Court affirmed thetrial court’s decision, once again, in denying the 3.850 Motion on05/28/98.
Parker filed a motion forrehearing on 06/29/98, which was denied on 09/23/98. The mandate wasissued on 10/23/98.
On 04/23/97, Parker fileda Petition for Writ of Habeas Corpus to the United States District Court,Southern District, which was denied on 05/14/02.
Parker filed a Petitionfor Writ of Certiorari to the United States Supreme Court on 02/26/99. The petition was denied on 05/03/99.
On 06/10/02, Parker fileda Petition for Writ of Habeas Corpus to the United States Court of Appeals, 11thDistrict, which was denied on 05/20/03. The Motion for a Rehearing wasdenied on 05/20/03. The mandate was issued on 09/03/03.
On 09/04/02, Parker fileda 3.850 Motion to the Circuit Court, which was denied on 11/25/03.
On 12/30/03, Parker fileda Petition for Writ of Certiorari to the United States Supreme Court, which wasdenied on 03/01/04.
On 01/12/04, Parker fileda 3.850 Appeal to the Florida Supreme Court. The Court affirmed the trialcourt’s denial of Parker’s 3.850 Motion. Because Parker’s conviction was already final when Ringv. Arizona was rendered, Ring does not apply retroactively to him. Furthermore, one of the aggravating circumstances found by the trialcourt was prior conviction of a violent felony, a factor which under Apprendiv. New Jersey and Ring did not need to be found by the jury. On 07/27/05, the Court affirmed the trial court’s denial of the 3.850Motion. The rehearing was denied on 11/03/05.
On 09/27/05, Parker fileda 3.853 Motion (DNA testing) to the Circuit Court; it is indigenous. Parker requested that the semen found on his clothing at the time of the murderbe tested. The motion was denied on 06/06/06.
On 07/1/06, Parker filed a3.853 Motion to the Florida Supreme Court. On 10/11/07, the Florida SupremeCourt affirmed the circuit court’s order in denying Parker’s 3.853Motion. On 10/26/07, Parker filed a Motion for Rehearing in the FloridaSupreme Court. This motion was denied on 11/14/08.
On 11/23/10, Parker fileda 3.850 Motion to the Circuit Court. This motion was denied on 02/14/11.
On 03/07/11, Parker fileda 3.850 Appeal to the Florida Supreme Court. This appeal is currently pending.
InstitutionalAdjustment:
| DATE | DAYS | VIOLATION | LOCATION |
| 02/27/70 | 15 | UNKNOWN | CENTRAL OFFICE |
| 11/25/70 | 4 | UNKNOWN | CENTRAL OFFICE |
| 10/15/74 | 30 | UNKNOWN | CENTRAL OFFICE |
| 02/06/76 | 45 | UNKNOWN | CENTRAL OFFICE |
| 02/08/83 | 0 | DISCONDUCT | CENTRAL OFFICE |
| 07/18/00 | 180 | POSS OF NARCOTICS | UNION C. I. |
Report Date: 04/10/01 TB
Updated: 04/29/11 CAR