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 on for statistical or legal purposes.
BELCHER, James (B/M)
DC # 286173
DOB: 07/01/59
Fourth Judicial Circuit, Duval County, Case #99-1156
Sentencing Judge: The Honorable Peter L. Dearing
Attorneys, Criminal Trial: A. Chipperfield& L. Buzzell – Assistant Public Defenders
Attorney, Direct Appeal: W.C. McClain – Assistant PublicDefender
Attorney, Collateral Appeals: Christopher Anderson – Registry
Date ofOffense: 01/08/96
Date of Sentence: 05/17/01
Circumstances of Offense:
James Belcher was convicted and sentenced to death for the01/08/96 murder of Jennifer Embry.
On the evening of 01/08/96, James Belcher entered thetownhouse of Jennifer Embry. There were no signs of forced entry. There, Belcher sexually battered and killed Embry. He strangled her byplacing his hands around her neck and holding her head underneath the water inthe bathtub.
At the time of the murder, Belcher lived near FloridaTechnical College, where Embry took classes. A friend of Embry’s and anemployee of the college testified that they had seen Belcher and Embry talkingon different occasions. After obtaining a warrant for a sample of Belcher’sblood, DNA tests revealed that the semen found inside Embry and on a slipper inher bathroom matched Belcher’s DNA profile.
Prior Incarceration/Community Supervision History in theState of Florida:
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length |
| 7/27/1987 | GRAND THEFT,$300 LESS & 20,000 | 9/23/1987 | DUVAL | 8707116 | 1Y 3M 0D |
| 10/30/1988 | BURGLARY,ARMED W/EXP. OR WEAPON | 2/27/1989 | DUVAL | 8814185 | 7Y 0M 0D |
| 10/30/1988 | AGG ASSLT-INTENT COMMIT FELONY | 2/27/1989 | DUVAL | 8814185 | 5Y 0M 0D |
| 11/21/1992 | BURG/DWELL/OCCUP.CONVEY | 2/17/1993 | DUVAL | 9213153 | 3Y 0M 0D |
| | | | | | |
| Offense Date | Offense | Sentence Date | County | Case No. | Community Supervision Length |
| 1/31/1985 | GRAND THEFT,$300 LESS & 20,000 | 2/11/1985 | DUVAL | 8501527 | 1Y 0M 0D |
Trial Summary:
02/25/99 The defendant was indicted on the following:
Count I: First-Degree Murder
Count II: SexualBattery
03/30/01 The defendant was found guilty of both counts charged in the indictment.
04/11/01 Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the
impositionof the death penalty.
05/17/01 The defendant was sentenced as follows:
Count I: First-Degree Murder - Death
Count II: Sexual Battery– 25 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #SC01-1414
851 So. 2d 678
06/25/01 Appeal filed.
07/10/03 FSC affirmed the convictions and sentence of death.
08/07/03 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #03-6522
540 U.S. 1054
09/17/03 Petition filed.
12/01/03 Petition denied.
Circuit Court – 3.851 Motion
CC# 99-1156
11/12/04 Motion filed.
08/25/05 CC denied motion.
Florida Supreme Court – 3.851 Motion Appeal
FSC# 05-1732
961 So.2d 239
09/23/05 Appeal filed.
06/14/07 FSC affirmed denial of the motion.
07/06/07 Mandate.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 06-866
961 So.2d 239
05/15/06 Petition filed.
06/14/07 FSC denied petition.
07/06/07 Mandate.
United States District Court, Middle District –Petition for Habeas Corpus
USDC #07-00665
07/20/07 Petition filed.
09/28/10 Petitiondenied with prejudice.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 07-6442
128 U.S. 621
09/07/07 Petition filed.
11/13/07 Petition denied.
United StatesCourt of Appeals – Habeas Petition Appeal
USCA# 10-14870
10/19/10 Appeal filed.
12/01/10 Certificate of Appealabilitygranted.
Case Information:
On 06/25/01, Belcher filed a Direct Appeal in the FloridaSupreme Court. In that appeal, he argued that the trial court erred indenying his motion for mistrial based on an objection made regarding theprosecutor’s closing arguments. The Florida Supreme Court agreed that theprosecutor’s comments were objectionable, but found the error to beharmless. Belcher also argued that the trial court erred in theapplication of the heinous, atrocious and cruel (HAC) aggravating factor and inrefusing to read his requested jury instruction. Belcher also raisedissues concerning the constitutionality and proportionality of his deathsentence. The Florida Supreme Court affirmed his conviction and sentenceof death on 07/10/03.
Belcher filed a Petition for Writ of Certiorari in theUnited States Supreme Court on 09/17/03, which was denied on 12/01/03.
Belcher filed a 3.851 Motion in the Circuit Court on11/12/04 that was denied on 08/25/05.
Belcher filed a 3.851 Motion Appeal with the Florida SupremeCourt on 09/23/05, and on 06/14/07, the FSC affirmed the denial of themotion.
Belcher filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 05/03/06 that was denied on 06/14/07.
The Florida Supreme Court issued a mandate for both the Writof Habeas Corpus and 3.851 Appeal on 07/06/07.
On 07/20/07, Belcher filed a Petition for Habeas Corpus inthe United States District Court, Middle District. This motion was deniedwith prejudice on 09/28/10.
Belcher filed a Petition for Writ of Certiorari in theUnited States Supreme Court on 09/07/07 that was denied on 11/13/07.
Belcher filed a Habeas Petition Appeal with the UnitedStates Court of Appeals (USCA). On 12/01/10, the USCA granted Belcher’sCertificate of Appealability.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
10/13/98 0 POSS OFUNAUTH CLOTH APALACHEE UNIT
07/11/02 30 POSS OFCONTRABAND FSP
________________________________________________________________________
Report Date: 09/03/03 ew
Approved: 09/09/03 ws
Updated: 12/14/10 jjk