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 uponfor statistical or legal purposes.
PETTIT, Samuel Andrew (W/M)
DOB: 01/26/62
Twentieth Judicial Circuit, Charlotte County, Case# 88-421CF
Sentencing Judge: The Honorable Elmer O. Friday
Attorney, Trial: Dennis J. Rehak – Private
Attorney, Direct Appeal: Gregory P. Burns – Private
Attorneys, Collateral Appeals: William Jennings & RobertT. Strain – CCRC-M
Date of Offense: 08/17/88
Date of Sentence: 10/13/89
Circumstances of Offense:
Samuel Pettit was convicted and sentenced to death for the 08/17/88 murder of Norman Langston.
On 08/17/88, Pettit approached Kathleen Finnegan and NormanLangston in a parking lot and, using a handgun he had got from his cousin, heforced them into Langston’s car. He ordered Langston to drive and directed himto an open area near a creek. While they were driving, Pettit forced Finneganand Langston to give him their jewelry and money. Once they reached the creek,Pettit shot them four times and left. Finnegan was wounded, but managed toseek help and survived. Langston died from two gunshot wounds to the head.
After the incident, Pettit’s cousin went to the police withFinnegan’s watch and earrings and told them that Pettit had confessed the crimesto him. Pettit had also confessed the incident to three other people.
Police arrested Pettit on 08/19/88, while he was sleeping on a bench. They confiscated the gun used in the crimes from his pocket. Hewas arrested for carrying a concealed weapon and was later indicted for thecrimes committed on 08/17/88.
Trial Summary:
09/06/88 Indictedas follows:
CountI: First-Degree Murder
CountII: Attempted First-Degree Murder
CountIII: Kidnapping
CountIV: Kidnapping
CountV: Robbery
CountVI: Robbery
08/89 Courtgranted counsel’s motion to withdraw and accepted Pettit’s plea of guiltyto all the above counts.
10/13/89 Sentencedas follows:
CountI: First-Degree Murder – Death
CountII: Attempted First-Degree Murder – Life
CountIII: Kidnapping – Life
CountIV: Kidnapping – Life
CountV: Robbery – Life
CountVI: Robbery – Life
Additional Information:
The trial court madespecial notes stating that Pettit never cooperated with the assigned counsel. Pettitinsisted on pleading guilty to the charges against him and continuously refusedhis counsel’s advice. Two neurologists diagnosed Pettit with Huntington’schorea,but found that he was competent at the time of the crimes. Other mental healthexperts testified that he was competent to proceed without counsel. The trial courtgranted the counsel’s request to withdraw and allowed Pettit to plea guilty toall the charges against him.
On 11/04/05, Pettit diedof natural causes.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 75,565
591 So. 2d 618 (1992)
02/20/90 Appealfiled
01/09/92 FSCaffirmed conviction and sentence
02/10/92 Mandateissued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 91-8212
506 U.S. 836; 113 S. Ct. 110; 121 L. Ed. 2d 68 (1992)
05/08/92 Petitionfiled
10/05/92 Petitiondenied
State Circuit Court – 3.850 Motion
CC# 88-421CF
12/02/93 Motionfiled
10/05/94 Amended
05/19/99 Defendantfound to be incompetent to proceed (Huntington’s Disease)
12/05/05 Furtherproceedings dismissed as moot, due to Pettit’s demise
Factors Contributing to the Delay in Imposition ofSentence:
Pettit’s 3.850 Motion hasbeen continued due to the progression of Huntington’s chorea.
Case Information:
On 02/20/90, Pettit filedhis Direct Appeal to the Florida Supreme Court. Pettit argued issues brought tothe Florida Supreme Court for review. First Pettit contended that the lowercourt should not have granted the counsel’s motion for dismissal. Pettit also claimedthe trial court should not have allowed him to plead guilty and remainunrepresented through the penalty phase. The Florida Supreme Court found the trialcourt took great care in making sure Pettit understood the consequence of hisguilty plea. The Florida Supreme Court also found that the court performednumerous evaluations where all mental health experts agreed that Pettit wascompetent to proceed without counsel. The second issue raised was whether thetrial judge erred in not considering nonstautory mitigatoring circumstances. The Florida Supreme Court found that, by allowing Pettit’s grandfather totestify, the judge did consider nonstatutory mitigating evidence. Finally,Pettit contended that the trial judge erred in finding that he was under asentence of imprisonment when he committed the crimes. The Florida SupremeCourt found that, because Pettit was on probation during the time of theoffenses, he was not under a sentence of imprisonment. They concluded,however, that the error was harmless. On 01/09/92, the Florida Supreme Court affirmed the conviction and sentence.
On 05/08/92, Pettit fileda Petition for Writ of Certiorari to the United States Supreme Court, which wasdenied on 10/05/92.
On 12/02/93, Pettit fileda 3.850 Motion to the Circuit Court. A motion was granted to hold allproceedings in abeyance, as the defendant was found incompetent to proceed dueto the progression of Huntington’s chorea. On 12/05/05, the Court dismissed further proceedings as moot, due to Pettit’sdemise. The Court is awaiting receipt of Pettit’s death certificate, at whichtime the matter will be concluded.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
07/02/90 0 DISOBEYING ORDER FLORIDA STATE PRISON
10/05/90 30 DEST. OF ST. PROP. FLORIDA STATE PRISON
11/12/91 30 DISORDERLY CONDUCT FLORIDA STATE PRISON
06/15/92 0 DISRESP.TO OFFICIALS FLORIDA STATE PRISON
05/18/93 0 DISRESP.TO OFFICIALS FLORIDA STATE PRISON
08/01/93 0 DISOBEYING ORDER UNION C. I.
04/17/94 0 DEST. OF ST. PROP. UNIONC.I.-MED.FAC.
07/23/96 0 OBSCENEPROFANE ACT UNION C. I.
Report Date: 04/09/04 EMC
Approved: 03/13/06 NRC