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
HitchcockJames 058293CCRC-MCase Summary

Last Action

DateCourtCase NumberLast Action
12/12/2003FSC03-22033.850 Appeal
5/22/2008FSC03-2203Denied
10/3/2008FSC03-2203Mandate
6/28/2004FSC04-1286Habeas
5/22/2008FSC04-1286Denied
10/3/2008FSC04-1286Mandate
10/6/2008USDC08-01719Habeas petition
2/3/2009USDC08-01719Case dismissed without prejudice
7/23/2009USDC08-01719Amended Petition

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
Driscoll, Jr.James L.Tampa, FL3801 Corporex Park Dr Ste 21033619813/740-3544Email

Cases

Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Driscoll, Jr.76-1942Richard ConradOrangeMiddle  

Last Updated

2008-01-09 11:43:13.0


Case Summary
Direct Links

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 upon for statistical or legal purposes. 

 

HITCHCOCK, James (W/M)

DC#    058293

DOB:  04/05/56

 

Ninth Judicial Circuit, Orange County, Case # 76-1942

Sentencing Judge, Trial I:                               TheHonorable Maurice M. Paul

Sentencing Judge, Resentencing I:                 The Honorable Gary L. Formet

Sentencing Judge, Resentencing II:               The Honorable Gary L. Formet

Sentencing Judge, Resentencing III:  The Honorable Richard F. Conrad

Attorney, Trial I:                                             CharlesTabscott – Assistant Public Defender

Attorney, Resentencing:                               Patricia Cashman– Assistant Public Defender

Attorney, Second resentencing:                     Patricia Cashman – AssistantPublic Defender

Attorney, Third resentencing:                        Patricia Cashman– Assistant Public Defender

Attorneys,Direct Appeal I:                          Craig S. Barnard & RichardB. Greene – Assistant Public Defenders

Attorneys, Direct Appeal II:                          Steven Malone & Eric Cumfer – Assistant Public Defenders

Attorney,Direct Appeal III:                          Steven Malone – Assistant PublicDefender

Attorneys, Direct Appeal IV:                   StevenMalone & Gary Caldwell – Assistant Public Defenders

Attorneys,Direct AppealV:                          Richard Greene & GaryCaldwell – Assistant Public Defenders

Attorney, CollateralAppeals:                        Eric Pinkard& James Driscoll – CCRC-M

 

Date of Offense:                                             07/31/76

Date of Sentence:                                           02/11/77

Date of Resentencing:                                    02/24/88

Date of Second Resentencing:                       08/30/93

Date of Third Resentencing:                           10/10/96

 

 

Circumstances of Offense:

 

The defendant, James Hitchcock, was unemployed and moved inwith his brother, Richard, and Richard’s family in Orlando several weeks beforethe murder.  Hitchcock watched television with Richard and his family onthe evening of the murder until approximately 11 p.m.  At that time,Hitchcock left the house and spent the next several hours smoking marijuana anddrinking beer with some friends in Winter Garden.

 

Based on a statement that Hitchcock gave to the police afterhis arrest, Hitchcock came back to the house at approximately 2:30 a.m. Hitchcock entered the residence from a window in the dining room and proceededupstairs to the victim’s bedroom.  He engaged in sexual intercourse withthe victim, Richard’s 13-year-old stepdaughter.  Afterwards, the victimtold Hitchcock that she was injured and that she was going to tell her motherwhat happened.  When Hitchcock stopped the victim from leaving thebedroom, the victim began to yell.  Hitchcock choked the victim to preventher from yelling and took her outside.  The victim continued to makenoise, so Hitchcock beat and choked the victim until she was silent and thenleft her body in some bushes near the house.  Hitchcock returned to thehouse after the crime and showered before he went to bed.

 

Hitchcock withdrew his prior statement at trial. Hitchcock now claimed that the victim gave him entry into the house andwillingly allowed him into her room to engage in consensual intercourse. Hitchcock said that his brother, Richard, entered the bedroom shortly after thesexual act, took the victim outside, and proceeded to choke her. Hitchcock claimed that the victim was deceased before he successfully pulledRichard off of the victim.  Richard had reportedly told Hitchcock that hehad no intention of actually killing his stepdaughter.  Hitchcock toldRichard that he would cover for him.  Hitchcock said that he gave hisprior statement for the sole purpose of protecting Richard.

 

 

Additional Information:

 

On 05/03/05, while the3.850 Appeal and Habeas Petition were pending, the Florida Supreme Courtrelinquished jurisdiction relinquished to the Circuit Court for an EvidentiaryHearing on guilt phase issues.

 

 

Trial Summary:

 

08/06/76         Defendant indicted with thefollowing:

Count I: First-Degree Murder

01/26/77         Defendant found guilty of First-Degree Murder

02/04/77         The jury voted for a sentence of death by amajority

02/11/77         Defendant was sentenced as follows:

                                 Count I: First-Degree Murder – Death

04/22/87         United States Supreme Courtgranted Certiorari and remanded the case to the trial court for resentencing

 

First Resentencing:

 

02/20/88         Jury recommended death by avote of 7-5

02/24/88         Defendant was resentenced asfollows:

                                 Count I: First-Degree Murder – Death

01/28/93         Florida Supreme Court remandedcase to trial court for resentencing

 

Second Resentencing:

 

08/27/93         Jury recommended death by avote of 12-0

08/30/93         Defendant was resentenced asfollows:

                                 Count I: First-Degree Murder – Death

03/21/96         Florida Supreme Court remandedcase to trial court for resentencing

 

Third Resentencing:

 

09/11/96         Jury recommended death by avote of 10-2

10/10/96         Defendant was resentenced asfollows:

                     Count I: First-DegreeMurder – Death

 

 

Appeal Summary:

 

Florida Supreme Court - Direct Appeal

FSC#51,108

413 So. 2d 741

 

02/17/77         Appeal filed.

02/25/82         FSC affirmed the convictionand sentence of death.

05/27/82         Rehearing denied.

 

United States Supreme Court - Petition for Writ ofCertiorari

USSC#82-5305

459 U.S. 960

 

08/25/82         Petition filed.

10/18/82         Petition denied.

 

Circuit Court - 3.850 Motion

CC#76-1942

 

05/03/83         Motion filed.

05/10/83         Motion denied.

 

Florida Supreme Court - 3.850 Appeal

FSC#63,667

432 So. 2d 42

 

05/10/83         Appeal filed.

05/17/83         FSC affirmed the circuitcourt’s denial of 3.850 Motion.

 

United States District Court (Middle District) -Petition for Writ of Habeas Corpus

USDC#83-357

 

05/13/83         Petition filed.

09/22/83         Petition dismissed.

 

United States Court of Appeals for the 11thCircuit - Habeas Appeal

USCA#83-3578

476 U.S. 1168

 

10/03/83         Appeal filed.

10/18/84         Appeal denied.

01/18/85         USCA granted the rehearing enbanc.

08/28/85         USCA affirmed the Districtcourt’s denial of the Petition for Habeas Corpus.

11/19/85         Rehearing denied.

 

**Due to the age of thiscase, the 11th Circuit has no record of the Habeas Appeal and, thus,these dates could not be confirmed.

 

United States Supreme Court - Petition for Writ ofCertiorari

USSC#85,6756

481 U.S. 393

 

04/18/86         Petition filed.

04/22/87         Petition granted and remandedto the District court.

 

United States District Court (Middle District) -Petition for Writ of Habeas Corpus (on remand)

USDC#83-357

 

11/25/87         USDC vacated the Habeas denialand remanded the case to the circuit court for resentencing.

 


Florida Supreme Court - Direct Appeal (Resentencing)

FSC# 72,200

578 So. 2d 685

 

03/23/88         Appeal filed.

12/20/90         Sentence affirmed.

05/16/91         Rehearing denied.

06/17/91         Mandate issued.

 

United States Supreme Court - Petition for Writ ofCertiorari

USSC#91-5450

502 U.S. 912

 

08/12/91         Petition filed.

10/15/91         Petition denied.

06/29/92         USSC granted the rehearing andvacated the denial of the Certiorari.

                      USSC granted certiorari and remanded the case to the FSC for further

                       consideration in light of Espinosa v. Florida.

 

**Espinosa v. Florida –The USSC decision that stated Florida’s Heinous, Atrocious, and

   Cruel (HAC)aggravator was vague andinvalid                

 

Florida Supreme Court - Direct Appeal (on remand)

FSC#72,200

614 So. 2d 483

 

01/28/93         FSC remanded case to circuitcourt for resentencing.

03/22/93         Rehearing denied.

04/21/93         Mandate issued.

 

Florida Supreme Court - Direct Appeal (Secondresentencing)

FSC#82,350

673 So. 2d 589

 

09/13/93         Appeal filed.

03/21/96         FSC remanded case to circuitcourt for resentencing.

 

Florida Supreme Court - Direct Appeal (Thirdresentencing)

FSC#92,717

755 So. 2d 638

 

04/01/98         Appeal filed.

03/23/00         FSC affirmed sentence ofdeath.

05/03/00         Rehearing denied.

07/21/00         Mandate issued.

 

United States Supreme Court - Petition for Writ ofCertiorari

USSC#00-6447

531 U.S. 1040

 

09/29/00         Petition filed.

12/04/00         Petition denied.

 

Circuit Court - 3.850 Motion

CC#76-1942

 

02/07/01         Motion filed.

11/30/01         Motion denied. 

 

Circuit Court – 3.853 Motion(DNA)

CC#76-1942

 

12/29/01         Motion filed.

06/25/02         Motion denied. 

 

Florida Supreme Court – 3.853 Motion Appeal

FSC#02-2037

866So.2d 23

 

08/07/02         Appeal filed.

01/15/04         Denial of Motion affirmed.

02/16/04         Mandate issued.

 

Florida Supreme Court – 3.850 Motion Appeal

FSC#03-2203

991 So. 2d 337

 

12/12/03         Appeal filed.

05/03/05         Jurisdiction relinquished for an Evidentiary Hearing on guilt phase issues.

03/07/06         Evidentiary Hearing held.

05/08/06         CC denied motion.

05/22/08         Appeal denied.

06/05/08         Motion for rehearing.

10/03/08           Mandate issued.

 

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 04-1286

991 So. 2d 337

 

06/28/04         Petition filed.

05/03/05         Jurisdiction relinquished for an Evidentiary Hearing on guilt phase issues.

03/07/06         Evidentiary Hearing held.

05/08/06         CC denied motion.

05/22/08         Appeal denied.

06/05/08         Motion for rehearing.

10/03/08           Mandate issued.

 

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

USDC#08-01719

 

10/06/08           Petition filed.

02/03/09           Petition dismissed without prejudice.

 

 

Death Warrant Information:

 

04/21/83         Death Warrant signed byGovernor Bob Graham.

05/17/83         Stay granted by the UnitedStates District Court.

09/22/83         Stay lifted.

 

 

Clemency Hearing:

 

02/22/82         Hearing held (denied).

 

 

Factors Contributing to the Delay in Imposition ofSentence:

 

The initial Direct Appealtook five years for a decision to be rendered. In addition to the defendantbeing resentenced three times, the large number of appeals has contributed tothe delay of Hitchcock’s execution.  During Hitchcock’s 3.850 MotionAppeal and Petition for Writ of Habeas Corpus, the FSC relinquishedjurisdiction from 05/03/05 – 05/08/06 to hold an Evidentiary Hearing on guiltphase issues. 

 

 

Case Information:

 

A Direct Appeal was filedwith the Florida Supreme Court (FSC) on 02/17/77.  Issues that were raisedincluded whether there was sufficient evidence to convict Hitchcock ofFirst-Degree Murder and whether the trial judge improperly assessed theaggravating and mitigating factors.  The FSC ruled that all of the issuesraised were either without merit or harmless and affirmed the conviction andsentence of Death on 02/25/82.

 

A Petition for the Writof Certiorari was filed with the United States Supreme Court (USSC) on 08/25/82and denied on 10/18/82. 

 

A 3.850 Motion was filedwith the circuit court on 05/03/83 and denied on 05/10/83.

 

A 3.850 Appeal was filedwith the FSC on 05/10/83.  Issues that were raised included whether thedeath sentence violated Hitchcock's Sixth, Eighth, and Fourteenth Amendmentrights because the law prevented his trial counsel from presenting nonstatutory mitigating evidence at his sentencinghearing.  The FSC found all claims either without merit or harmless andaffirmed the circuit court’s denial of the 3.850 Motion on 05/17/83.

 

A Petition for HabeasCorpus was filed with the United States District Court (Middle) on 05/13/83 andwas dismissed on 09/22/83. 

 

A Habeas Appeal was filedwith the 11th Circuit Court of Appeals on 10/03/83.  The 11thCircuit Court of Appeals affirmed the USDC’s denial of the Habeas Petition on10/18/84.  The rehearing was granted en banc on 01/18/85.  Afterrehearing the case, the 11th Circuit Court of Appeals again affirmedthe USDC’s denial of the Habeas Petition on 08/28/85. 

 

A Petition for the Writof Certiorari was filed with the USSC on 04/18/86. The USSC found that thetrial judge had barred the consideration of nonstatutorymitigating factors and therefore the defendant’s Death sentence wasinvalid.  On 04/22/87, the USSC granted Certiorari and remanded the caseto the USDC. 

 

The USDC vacated theHabeas denial on 11/25/87 and remanded the case to the trial court to beresentenced within 60 days. 

 

Hitchcock was resentencedon 02/24/88. 

 

A second Direct Appealwas filed with the FSC on 03/23/88.  Issues raised on appeal includedwhether the trial court improperly refused to grant his challenges for cause tothree prospective jurors and whether the trial court prevented Hitchcock frompresenting additional mitigating evidence.  The sentence was affirmed bythe FSC on 12/20/90.

 

A Petition for the Writof Certiorari was filed with the USSC on 08/12/91 and denied on 10/15/91. A rehearing was granted on 06/29/92 and the USSC granted Certiorari by vacatingtheir 10/15/91 order denying Certiorari and remanded the case to the FSC forfurther consideration based on Espinosa v. Florida. 

 

On 01/28/93, the FSCremanded the case to the trial court for a new sentencing hearing to take placewithin 90 days.

 

A third Direct Appeal wasfiled with the FSC on 09/13/93.  The case was remanded to the trial courton 03/21/96 because on appeal, Hitchcock argued that evidence was erroneouslypresented portraying him as a pedophile that deprived Hitchcock of a fairsentencing hearing.   

 

A fourth Direct Appealwas filed with the FSC on 04/01/98.  Issues that were raised includedwhether the trial court erred in permitting the state to put into evidence areport concerning the results of a psychological test.  All of the claimswere found to be either harmless or without merit and the FSC affirmed thesentence of Death on 03/23/00.

 

A Petition for the Writof Certiorari was filed with the USSC on 09/29/00 and denied on 12/04/00. 

 

A 3.850 Motion was filedwith the circuit court on 02/07/01 and amended on 11/30/01.  The circuitcourt denied the Motion on 10/27/03. 

 

A 3.853 Motion was filedwith the circuit court on 12/29/01 and denied on 06/25/02. 

 

A 3.853 Motion Appeal wasfiled with the Florida Supreme Court on 08/07/02 and the denial of the 3.853Motion was affirmed on 01/15/04. 

 

A 3.850 Motion Appeal wasfiled with the Florida Supreme Court on 12/12/03 and is pending before thecourt.  On 05/03/05, the Florida Supreme Court relinquished jurisdictionrelinquished to the Circuit Court for an Evidentiary Hearing on guilt phaseissues.  On 03/07/06, an Evidentiary Hearing was held, and on 05/08/06,the Circuit Court denied the motion.  On 05/22/08 the Florida SupremeCourt denied the appeal.

 

A Petition for Writ ofHabeas Corpus was filed with the Florida Supreme Court on 06/28/04 and ispending before the court.  On 05/03/05, the Florida Supreme Courtrelinquished jurisdiction relinquished to the Circuit Court for an EvidentiaryHearing on guilt phase issues. On 03/07/06, an Evidentiary Hearing was held,and on 05/08/06, the Circuit Court denied the motion. On 05/22/08 the FloridaSupreme Court denied the appeal.

 

On 10/06/08, Hitchcockfiled a Petition for Writ of Habeas Corpus in the United States District Court.This petition was dismissed without prejudice on 02/03/09.

 

 

Institutional Adjustment: 

 

THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE

FORVIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

                                                                     

DATE    DAYS                  VIOLATION                                      LOCATION       

03/25/78     15                    FAIL.PERSONAL HYG.                   FLORIDA STATE PRISON

03/12/79      0                     DEST. OF ST. PROP.                        FLORIDA STATE PRISON

01/10/80     0                     DISOBEYINGORDER                     FLORIDA STATE PRISON

03/13/80    60                    ESCAPE ORATTEMPT                   FLORIDA STATE PRISON

02/12/84    30                    DISORDERLY CONDUCT              NEW RIVER "O" UNIT  

11/23/86      0                     FAIL.HOUSING HYG.                      FLORIDA STATE PRISON

04/07/88    60                    UNARMEDASSAULT                     FLORIDA STATE PRISON

04/12/93     0                     POSS OFCONTRABAND                FLORIDA STATE PRISON

 

 

Report Date:  05/14/02          cc

Approved:      07/10/02          ws

Updated:        04/21/09          klh