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.
HALIBURTON, Jerry (B/M)
DC# 046651
DOB: 09/19/54
Fifteenth Judicial Circuit, Palm Beach County Case # 82-1893
Sentencing Judge: The Honorable Jack Cook
Resentencing Judge: The Honorable Hubert R. Lindsey
Attorney, Trial: Nelson E. Bailey & Charles Musgrove –Private
Attorney, Direct Appeal: Charles Musgrove – Private
Attorney, Collateral Appeals: William Hennis – CCRC-S
Date of Offense: 08/09/81
Date of Sentence: 10/07/83
Date of Resentence: 04/11/88
Circumstances of Offense:
On 08/09/81, Jerry Haliburton, while on parole, burglarizedthe home of Donald Bohannon and attacked him while he slept. Bohannondied as a result of thirty-one stab wounds to the neck, chest, arms, andscrotum.
After being arrested for the crime, Haliburton was subjectedto police questioning, and when an attorney was obtained, he was not allowed tosee Haliburton. During the questioning, Haliburton was subjected to apolygraph examination. After a court order was obtained, the attorney wasallowed to consult with Haliburton and the interrogation was stopped.
According to Haliburton’s brother, Haliburton said he killedBohannon just to see if he could kill another human being.
Trial Summary:
03/24/82 Indicted on one count of First-Degree Murder
09/16/83 Jury returned guilty verdict
09/21/83 Jury recommended death sentence by a vote of 10-2
10/07/83 Sentenced to death
02/17/88 Jury recommended death sentence by a vote of 9-3
04/11/88 Resentenced to death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 64,510
476 So. 2d 192
11/14/83 Appeal filed
08/30/85 FSC vacated conviction and death sentence
10/24/85 Rehearing denied
U.S. Supreme Court – Petition for Writ of Certiorari(filed by state)
USSC# 85-1074
475 U.S. 1078
12/18/85 Petition filed
03/24/86 USSC vacated FSC judgment and remanded for reconsideration
Florida Supreme Court – Direct Appeal (reconsiderationby order of USSC)
FSC# 64,510
514 So. 2d 1088
10/01/87 FSC vacated conviction and remanded for new trial
Florida Supreme Court – Direct Appeal (after retrial)
FSC# 72,277
561 So. 2d 248
04/18/88 Appeal filed
04/05/90 Appeal denied
06/18/90 Rehearing denied
07/26/90 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 90-5512
501 U.S. 1259
06/20/90 Petition filed
06/28/91 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 82-1893
02/16/92 Motion filed
01/25/94 Circuit Court denied Motion
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 79,382
691 So. 2d 466
02/18/92 Petition filed
01/09/97 FSC denied petition
04/10/97 Rehearing denied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 83,749
691 So. 2d 466
05/23/94 Appeal filed
01/09/97 FSC affirmed denial of 3.850 Motion
04/10/97 Rehearing denied
U.S. District Court, Southern District – Petition forWrit of Habeas Corpus
USDC# 98-8225
04/10/98 Petition filed
09/10/01 USDC denied Petition
Florida Supreme Court – 3.850 Appeal
FSC# SC01-413
2001 Fla. LEXIS 969
02/27/01 Appeal filed
05/01/01 FSC dismissed appeal with prejudice
11/05/01 Rehearing denied
U.S. Circuit Court of Appeals, 11th Circuit – HabeasPetition Appeal
USCA# 01-15865P
342 F. 3d 1233
10/15/01 Appeal filed
08/21/03 USCA affirmed denial of Petition
10/21/03 Rehearing denied
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 03-1108
865 So. 2d 480
06/20/03 Petition filed
10/09/03 FSC denied Petition, without opinion
12/19/03 Rehearing denied
U.S. Supreme Court – Petition for Writ of Certiorari(USCA decision)
USSC# 03-9553
541 U.S. 1087
03/19/04 Petition filed
06/07/04 USSC denied Petition
Circuit Court – 3.851 Motion
CC# 82-1893
11/30/04 Motion filed
01/28/05 CC dismissed Motion
Florida Supreme Court – 3.851 Motion Appeal
FSC# 05-1811
935 So.2d 1219
09/29/05 Appeal filed
07/10/06 FSC affirmed denial of motion
Circuit Court – 3.851 Motion
CC# 82-1893
09/18/06 Motion filed
04/07/08 Motion granted in part
Death Warrant Information:
01/17/92 Governor Chiles signed death warrant
03/12/92 Stay of execution granted by the Circuit Court
Factors Contributing to the Delay in Imposition ofSentence:
The time between Haliburton’s original sentencing on10/07/83 and his resentencing on 04/11/88, and the time taken to decide aPetition for Writ of Habeas Corpus (02/18/92 – 01/09/97), a 3.850 Motion Appeal(05/23/94 – 01/09/97), and a federal Petition for Writ of Habeas Corpus(04/10/98 – 09/10/01).
Case Information:
On 11/14/83, Haliburton filed a Direct Appeal with the FloridaSupreme Court, arguing that the failure of the police to allow an attorney toconsult with Haliburton during questioning violated Haliburton’s right tocounsel. On 08/30/85, the FSC vacated the conviction and death sentenceof Haliburton.
On 12/18/85, the State of Florida filed a Petition for Writof Certiorari with the U.S. Supreme Court, and on 03/24/86, the USSC vacatedthe FSC’s decision and remanded the case for reconsideration by the FSC.
On 10/01/87, the Florida Supreme Court again vacated theconviction and sentence and remanded the case for a new trial.
On 02/17/88, a jury recommended the death sentence forHaliburton by a vote of 9-3. On 04/11/88, Haliburton was resentenced todeath.
On 04/18/88, Haliburton filed a Direct Appeal with theFlorida Supreme Court, claiming the following nine issues: trial court error inrefusing to require the jury to return a special verdict of premeditated orfelony murder; not allowing defense to comment on a witness during closingarguments; rereading portions of requested testimony; improper admission ofthree photographs into evidence; refusing to declare a mistrial due toadmission of cumulative, irrelevant, and prejudicial evidence; refusing todeclare a mistrial due to alleged attempts by the prosecutor to shift theburden of proof; Florida’s capital sentencing statute is unconstitutional;allowing the jury to consider the HAC aggravating factor; and two of fouraggravating factors were improperly found (under sentence of imprisonment andcold, calculated, and premeditated murder). On 04/05/90, the FSC affirmedthe conviction and sentence of death.
On 06/20/90, Haliburton filed a Petition for Writ ofCertiorari with the U.S. Supreme Court that was denied on 06/28/91.
On 02/16/92, Haliburton filed a 3.850 Motion with theCircuit Court that was denied on 01/25/94.
On 02/18/92, Haliburton filed a Petition for Writ of HabeasCorpus with the Florida Supreme Court, citing four issues relating toineffective assistance of counsel. On 01/09/97, the FSC denied thePetition.
On 05/23/94, Haliburton filed a 3.850 Motion Appeal with theFlorida Supreme Court, citing the following nine issues: improper denialof a motion for rehearing, state withholding of exculpatory evidence andineffective assistance of counsel at the guilt phase, ineffective assistance ofcounsel at the penalty phase, overbroad jury instructions regarding aggravatingcircumstances, state compliance with public records requests, ineffectiveassistance of counsel regarding waiving of a speedy trial, ineffectiveassistance of counsel regarding prosecutorial misconduct, improper juryinstructions that shifted the guilt to Haliburton, and denial of due processdue to the Governor signing a death warrant before the two year time limit forfiling a motion for post-conviction relief expired. On 01/09/97, the FSCaffirmed the denial of the 3.850 Motion.
On 04/10/98, Haliburton filed a Petition for Writ of HabeasCorpus with the U.S. District Court, Southern District that was denied on09/10/01.
On 02/27/01, Haliburton filed an appeal with the FloridaSupreme Court, which the FSC treated as a 3.850 Motion Appeal. On05/01/01, the court dismissed the appeal with prejudice.
On 10/15/01, Haliburton filed a Petition for Writ of HabeasCorpus Appeal with the U.S. Circuit Court of Appeals, 11th Circuit, citingallegations of ineffective assistance of counsel. On 08/21/03, the USCAaffirmed the denial of the Petition by the USDC.
On 06/20/03, Haliburton filed a Petition for Writ of HabeasCorpus with the Florida Supreme Court, citing Ring issues. On 10/09/03,the FSC denied the Petition, without opinion.
On 03/19/04, Haliburton filed a Petition for Writ ofCertiorari with the U.S. Supreme Court, appealing the decision of theUSCA. On 06/07/04, the USSC denied the Petition.
On 11/30/04, Haliburton filed a 3.851 Motion with theCircuit Court that was dismissed on 01/28/05.
On 09/29/05, Haliburton filed a 3.851 Motion Appeal with theFlorida Supreme Court, and on 07/10/06, the FSC affirmed the denial of themotion.
Haliburton filed a 3.851 Motion with the Circuit Court on09/18/06. On 04/07/08, the Circuit Court granted the motion in part. The courtruled that Haliburton is entitled to an evaluation by a mental health expert todetermine mental retardation. After completion of the evaluation, anevidentiary hearing will be conducted to address the 3.851 Motion.
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
06/21/94 0 PART.IN RIOTS UNIONC. I.
08/11/94 0 REF. SUB. ABUSE TEST UNION C.I.
11/22/95 0 DISOBEYINGORDER UNION C.I.
09/09/96 0 FIGHTING UNION C.I.-MED.FAC.
04/03/97 0 POSS OF CONTRABAND UNION C.I.
10/09/97 0 REF. SUB. ABUSE TEST UNION C.I.
12/04/97 0 REF. SUB. ABUSE TEST UNION C.I.
12/18/97 0 REF. SUB. ABUSETEST UNION C.I.
04/12/00 0 UNAUTH USE OF DRUGS UNION C. I.
03/15/06 0 DISRESP.TO OFFICIALS UNION C.I.
________________________________________________________________________
Report Date: 09/12/01 JFL
Approved: 11/16/01 WS
Updated: 05/20/10 CAR