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
WallsFrank 112850Registry/FederalCase Summary

Last Action

DateCourtCase NumberLast Action
5/26/2006USDC06-00237Habeas Petition filed
6/29/2009USDC-N06-00237Response filed
8/29/2009USDC-N06-00237Reply brief filed
9/30/2009USDC-N06-00237Habeas Petition denied
10/30/2009USCA09-15706Habeas Appeal filed

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
BrodyHarry P.Sarasota, FLP.O. Box 503934277-5039941/350-4376 

Cases

Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Brody87-856ABarronOkaloosaNorth-P6/23/20038/7/2003

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.

 

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