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.
WALLS, Frank (W/M)
DC# 112850
DOB: 10/12/67
First Judicial Circuit, Okaloosa County, Case #87-856-A
(Venue changed to Fourteenth Judicial Circuit, JacksonCounty)
Sentencing Judge: The Honorable G. Robert Barron
Resentencing Judge: The Honorable G. Robert Barron
Attorney, Trial: Earl D. Loveless – Assistant PublicDefender
Attorneys, Retrial: Earl D. Loveless & James C. Sewell –Assistant Public Defenders
Attorney, Direct Appeal: W.C. McLain – Assistant PublicDefender
Attorney, Direct Appeal Resentencing: W.C. McLain –Assistant Public Defender
Attorney, Collateral Appeals: Harry Brody – Registry &Federal
Date of Offense: 07/22/87
Date of Sentencing: 08/24/88
Date of Resentencing: 07/29/92
Circumstances of the Offense:
According to statements made by Frank Walls, in the earlymorning of 07/22/87, he entered the mobile home of Edward Alger and AnnPeterson with the intention of committing a burglary. Walls purposefullyknocked over a fan while entering the house, waking both Alger andPeterson. When the two came to investigate the noise, Walls told Alger tolie on the floor and had Peterson tie his hands behind his back, bind hisankles and gag him. He then told Peterson to lie on the floor so he couldrestrain her in the same manner.
Alger managed to free himself from the restraints andattacked Walls. While struggling, Walls cut Alger’s throat with a knifethat he had brought with him. Alger then bit Wall’s leg, causing him todrop his knife. Walls then shot Alger in the head three times. Walls returned to where Peterson was restrained and found her crying,attempting to speak through the gag. Walls removed the gag from her mouthand untied her. After learning Alger was dead, a struggle ensued between Wallsand Peterson, during which time he tore off her clothes. Walls then shotPeterson in the back of the head. Peterson survived the first shot andcontinued to scream. Walls forced her face into a pillow and fatally shother again.
The bodies were discovered later that day when Alger failedto show up for work. Investigators obtained a warrant to search Walls’mobile home based on information provided by Walls’ former roommate, who livednear the victims. Investigators seized evidence from Walls’ residencelinking him to the murders, which subsequently led to his arrest.
Additional Information:
Frank Walls was convicted of First-Degree Murder andBurglary/Assault for an incident that occurred on 05/19/87. On 10/05/94,Walls was sentenced to life imprisonment for both counts.
Walls was diagnosed with bipolar mood disorder when he was ateenager. He was treated with lithium which he discontinued taking inadulthood. A psychologist testified at trial that Walls’ IQ hadsubstantially declined in the years prior to his trial and that he was impairedat the time of the murder.
Trial Summary:
08/10/87 The defendant was indicted on the following charges:
Count I: ArmedBurglary/Dwelling
Later reduced to Unarmed Burglary/Dwelling
CountII: Armed Burglary/Conveyance
Later dismissed
Count III: Auto Theft
Later dismissed
Count IV: First-Degree Murder (Alger)
Count V: First-Degree Murder(Peterson)
Count VI: Armed Burglary/Dwelling
CountVII: Possession of Burglary Tools
Laterdismissed
CountVIII: Kidnapping (Alger)
Count IX: Kidnapping (Peterson)
Count X: Grand Theft
Later reduced to Petit Theft
07/18/88 The jury found the defendant guilty on Counts I, IV, V, VI, VIII, IX, X.
07/19/88 Upon advisory sentencing, the jury recommended life imprisonment for the murderof Edward Alger and recommended the death penalty, by a 7 to 5 majority, forthe murder of Ann Peterson.
08/24/88 The defendant was sentenced as follows:
Count I: UnarmedBurglary/Dwelling - 5 years
Count IV: First-Degree Murder (Alger)- Life in Prison
Count V: First-Degree Murder(Peterson) - Death
Count VI: Armed Burglary/Dwelling -20 years
Count VIII: Kidnapping (Alger) - 20 years
Count IX: Kidnapping (Peterson) - 20years
Count X: Petit Theft - 60 days
04/11/91 The Florida Supreme Court reversed Walls’ convictions and sentence of death andremanded for a new trial because his constitutional rights were violated duringhis pretrial detention.
06/18/92 At retrial, the jury found the defendant guilty as charged.
06/19/92 Upon advisory sentencing, the new jury recommended life imprisonment for themurder of Edward Alger and recommended the death penalty, by a 12 to 0majority, for the murder of Ann Peterson.
07/29/92 The defendant was resentenced as follows:
Count I: UnarmedBurglary/Dwelling - 5 years
Count IV: First-Degree Murder (Alger)- Life in Prison
Count V: First-Degree Murder(Peterson) - Death
Count VI: Armed Burglary/Dwelling -20 years
Count VIII: Kidnapping (Alger) - 20 years
Count IX: Kidnapping (Peterson) - 20years
CountX: Petit Theft - 60 days
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC #73,261
580 So. 2d 131
11/18/88 Appeal filed
04/11/91 FSC reversed Walls’convictions and sentence of death and remanded for a
new trial
06/13/91 Rehearing denied
07/30/91 Mandate issued
Florida Supreme Court - Direct Appeal, Resentencing
FSC #80,364
641 So. 2d 381
08/24/92 Appeal filed
07/07/94 FSC affirmed Walls’convictions and sentence of death
08/31/94 Rehearing denied
09/30/94 Mandate issued
U.S. Supreme Court - Petition for Writ of Certiorari
USSC #94-7005
513 U.S. 1130
11/25/94 Petition filed
01/23/95 Petition denied
State Circuit Court - 3.850 Motion
CC #87-856-A
03/17/97 Motion filed
01/27/03 Motion denied
Florida Supreme Court - 3.850 Appeal
FSC# 03-633
926 So.2d 1156
04/08/03 Appeal filed
02/09/06 FSC affirmed the denial ofWalls 3.850 Motion
04/07/06 Rehearing denied
04/24/06 Mandate issued
State Circuit Court – 3.850 Motion
CC #87-856-A
06/18/03 Motion filed
09/11/03 Motion dismissed
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 03-1955
926 So.2d 1156
11/06/03 Petition filed
02/09/06 Petition denied
04/07/06 Rehearing denied
04/24/06 Mandate issued
United States District Court, North District –Petition for Writ of Habeas Corpus
USDC #06-cv-00237
05/26/06 Petition filed
07/12/06 Motion to hold proceedingsin abeyance
07/13/07 Motion to hold proceedingsin abeyance granted
09/30/09 Petition denied
Circuit Court – 3.203 Motion
CC# 87-856-A
06/23/06 Motion filed
07/18/07 Motion denied
Florida Supreme Court – 3.203 Appeal
FSC# 07-2007
3 So.3d 1248
10/23/07 Appeal filed
10/31/08 Disposition affirmed
United States Court of Appeals, 11th Circuit – HabeasAppeal
USCA# 09-15706
(Pending)
10/30/09 Appeal filed
Factors Contributing to the Delay in the Imposition ofthe Sentence:
Walls’ case was first delayed when it was reversed andremanded by the Florida Supreme Court on Direct Appeal. Walls’ was againconvicted and sentenced to death. On 03/17/97, Walls filed a 3.850 Motionin the State Circuit Court that has been pending for five years. Anamended motion was filed 12/19/01. The 3.850 Motion was finally denied01/27/03.
Case Information:
On 11/18/88, Frank Walls filed a Direct Appeal in theFlorida Supreme Court. In this appeal, he argued that his constitutionalrights were violated during his pretrial detention. Vickie Beck, a correctionalofficer, was asked to conduct surveillance on Walls due to his suspectedinvolvement in other murders. Beck befriended Walls and led him tobelieve that anything he told her would be confidential. Beck alsoinstructed Walls not to inform his lawyer of their interaction. Beck’sobservation notes were later used in evaluating Walls’ competency to standtrial. Two expert witnesses testified that Walls was competent based onthe notes provided by Beck. Walls argued that his constitutional rights wereviolated as a result of Beck’s actions. The Florida Supreme Court foundthat the trial court erred in allowing these illegally obtained statements tobe used against Walls. The Florida Supreme Court reversed Walls’convictions and sentence and remanded his case for a new trial.
Walls was again sentenced to death on 07/29/92. Wallsfiled a Direct Appeal in the Florida Supreme Court on 08/24/92. In thisappeal, he challenged voir dire procedures and contended that his jury was keptin deliberations for exhausting hours. Walls argued the consideration andapplication of aggravating and mitigating circumstances in his case. TheFlorida Supreme Court found no error in Walls’ claims and affirmed hisconvictions and sentence of death on 07/07/94.
On 11/25/94, the defendant filed a Petition for Writ ofCertiorari in the United States Supreme Court that was subsequently denied on01/23/95.
Next, Walls filed a 3.850 Motion in the State Circuit Courton 03/17/97, which was denied on 01/27/03. An appeal of that decision wasfiled 04/08/03.
On 04/08/03, Walls filed a 3.850 Appeal in the FloridaSupreme Court. On 02/09/06, the FSC affirmed the denial of Walls 3.850Motion.
Walls filed another 3.850 Motion in the State Circuit Courton 06/18/03, which was dismissed as successive on 09/11/03.
On 11/06/03, Walls filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court. The petition was denied on 02/09/06.
On 05/26/06, Walls filed a Petition for Writ of HabeasCorpus in the United States District Court, North District. On 07/12/07,Walls filed a motion to hold proceedings in abeyance in the DistrictCourt. This motion was granted on 07/13/07. The Petition for Writof Habeas Corpus was denied on 09/30/09.
Walls filed a 3.203 Motion in the Circuit Court on06/23/06. This motion was denied 07/18/07.
Walls filed an appeal of the Circuit Court’s ruling on his3.203 motion to the Florida Supreme Court on 10/23/07. On 10/31/08, theFlorida Supreme Court affirmed the lower court’s disposition. No mandatewill be issued in this case.
Walls filed a Habeas Corpus Appeal in the United StatesCourt of Appeals on 10/30/09. This case is currently pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- ---------------
09/11/95 0 DISOBEYINGORDER UNION C. I.
09/12/95 0 DISOBEYINGORDER UNION C. I.
05/06/99 180 REF. SUB. ABUSE TEST UNION C. I.
_______________________________________________________________________
Report Date: 07/18/02 EW
Approved: 07/24/02 WS
Updated: 11/16/09 MJH