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.
LIGHTBOURNE, Ian Deco (B/M)
DC# 078081
DOB: 12/11/59
Fifth Judicial Circuit, Marion County Case# 81-170-CF-A-01
Sentencing Judge: The Honorable William T. Swigert
Attorney, Trial: Ronald E. Fox & James H. Burke,Jr. – Assistant Public Defenders
Attorney, Direct Appeal: Jerry T. Lockett – SpecialAssistant Public Defender
Attorney, Collateral Appeals: Todd G. Scher &Suzanne Keffer – CCRC-S
Date of Offense: 01/16/81
Date of Sentence: 05/01/81
Circumstances of Offense:
On 05/01/81, Ian Deco Lightbourne was convicted andsentenced to death for the first-degree murder of Nancy O’Farrell.
According to the facts of the 02/18/81 indictment, themurder occurred on the night of 01/17/81. Lightbourne pried open andbroke the window screen of O’Farrell’s home. He took some of the victim’sbelongings, which included a necklace, a small silver bank and somemoney. Sources revealed that Lightbourne admitted to surprising O’Farrellwith the intrusion and forced her to submit to sexual relations. Since heknew the victim personally, Lightbourne killed O’Farrell in order to avoididentification and arrest. Lightbourne shot O’Farrell on the left side ofher face with a .25-caliber automatic pistol; a pillow was placed overO’Farrell’s face before the shot was fired. Medical experts claimed thevictim bled to death.
According to trial sources, Lightbourne was discovered notlong after the murder. Lightbourne was pulled over by a police officer,who was responding to an earlier anonymous phone call reporting a suspiciousvehicle – the same one driven by Lightbourne. Once the officer discoveredthe .25-caliber pistol during a pat search, the officer arrestedLightbourne. During his indictment, medical experts testified that tracesof sperm were found in the victim’s vagina and pubic hair was found at thescene of the crime that matched and connected Lightbourne to O’Farrell’smurder.
Additional Information:
Lightbourne’s sentencing included lesser charges of second-and third-degree murder and manslaughter.
Trial Summary:
02/18/81 Indicted as follows:
Count I: First-DegreeMurder
04/25/81 Jury returned guilty verdicts on all counts of the indictment
05/01/81 Jury recommended death by a vote of 12-0
05/01/81 Sentenced as follows:
Count I: First-Degree Murder – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 60,871
438 So. 2d 380 (1983)
07/02/81 Appeal filed
09/15/83 FSC affirmed conviction and death sentence
12/09/83 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 83-5973
465 U.S. 1051; 104 S. Ct. 1330; 79 L. Ed. 2d 725 (1984)
12/23/83 Petition filed
02/21/84 Petition denied
State Circuit Court – 3.850 Motion
CC# 81-170-CF-A-01
05/31/85 Motion filed
05/31/85 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 67,100
471 So. 2d 27 (1985)
06/03/85 Appeal filed
06/03/85 FSC affirmed 3.850 Appeal
06/28/85 Mandate issued
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 85-136
06/03/85 Petition filed
08/20/86 Petition denied
United States Court of Appeals –Habeas Appeal
USCA# 86-3643
829 F.2d 1012 (1987)
09/17/86 Letter filed
09/18/87 USCA affirmed Habeas relief
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 88-5342
488 U.S. 934; 109 S. Ct. 329; 102 L. Ed. 2d 346 (1988)
07/26/88 Petition filed
04/20/88 USSC recalled mandate and withdrew order denying rehearing
04/28/88 Order denied and mandate issued
10/31/88 Petition denied
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 73,609
549 So. 2d 1364 (1989)
01/27/89 Petition filed
07/20/89 Petition denied
State Circuit Court – 3.850 Motion
CC# 81-170-CF-A-01
01/30/89 Motion filed
01/31/89 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 73,612
549 So. 2d 1364 (1989)
01/31/89 Appeal filed
07/20/89 FSC remanded the case back to the trial court for an evidentiary hearing on oneissue
10/23/89 Rehearing denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 89-6547
494 U.S. 1039; 110 S. Ct. 1505; 108 L. Ed. 2d 640 (1990)
01/19/90 Petition filed
03/19/90 Petition denied
State Circuit Court – 3.850 Motion
CC# 81-170-CF-A-01
07/24/91 Evidentiary hearing held
06/12/92 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 80,366
644 So. 2d 54 (1994)
08/24/92 Appeal filed
06/16/94 FSC affirmed the trial court’s denial of the 3.850 Motion
10/26/94 Rehearing denied and mandate issued
State Circuit Court – 3.850 Motion
CC# 81-170-CF-A-01
11/07/94 Motion filed
10/23/95 Evidentiary hearing held
06/19/96 Motion denied
11/15/96 Rehearing denied
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 94-7898
514 U.S. 1038; 115 S. Ct. 1406; 131 L. Ed. 2d 292 (1995)
01/28/95 Petition filed
03/27/95 Petition denied
Florida Supreme Court – 3.850 Appeal
FSC# 89,526
742 So. 2d 238 (1999)
12/13/96 Appeal filed
07/08/99 FSC reversed the trial court’s denial of 3.850 Motion
08/16/99 Mandate issued
State Circuit Court – 3.850 Motion
CC# 81-170-CF-A-01
12/02/99 Evidentiary hearing held
02/26/01 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 01-553
841 So. 2d 431 (2003)
03/12/01 Appeal filed
01/16/03 Appeal affirmed
03/21/03 Rehearing denied
04/21/03 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 03-5752
540 U.S. 1006, 124 S.Ct. 533, 157 L.Ed.2d 412
06/17/03 Petition filed
11/10/03 Petition denied
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 03-1058
889 So.2d 71 (2004)
06/18/03 Petition filed
08/17/04 Petition denied
09/01/04 Motion for rehearing filed
11/16/04 Rehearing denied
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 04-9809
125 S.Ct. 2917
02/14/05 Petition filed
06/20/05 Petition denied
State Circuit Court – 3.850 Motion
CC# 81-170CF-A
03/24/06 Motion filed
05/02/06 Order denying Lightbourne’s 3.850 Motion without evidentiary hearing
Florida Supreme Court – 3.850 Appeal
FSC# 06-1241
956 So.2d 456 (2007)
06/22/06 Appeal filed
12/14/06 Relinquished to CC regarding the legality of Florida’s lethal injectionprocedure
04/16/07 FSC affirmed the trial court’s denial of Lightbourne’s 3.850 Motion
Florida Supreme Court – All Writs
FSC# 06-2391
969 So.2d 326 (2007)
12/14/06 Petition filed
12/14/06 Relinquished to Circuit Court
09/10/07 All Writs Petition denied by Circuit Court.
11/01/07 Denial affirmed
11/05/07 Motion for rehearing filed
11/07/07 Motion for rehearing denied
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 07-10265
128 S.Ct. 2485
04/03/08 Petition filed
05/19/08 Petition denied
State Circuit Court – 3.851 Motion
81-170CF-A
(Pending)
11/29/10 Motion filed
Death Warrant:
05/09/85 Death warrant signed by Governor Robert Martinez and execution was scheduled totake place on 06/04/85.
06/03/85 Stay was granted – United States District Court, Northern District.
01/06/89 Another death warrant was issued and signed by Governor Robert Martinez, andexecution was scheduled to take place on 02/01/89.
01/31/89 Stay was granted by the Florida Supreme Court.
Clemency Hearing:
05/10/84 Clemency hearing held and denied
Case Information:
On 07/02/81, Lightbourne filed a Direct Appeal to theFlorida Supreme Court. There were numerous issues raised. First,Lightbourne claimed that the trial court erred in denying his motion to dismissthe indictment because the aggravating circumstances in the sentencing stage ofcapital felony cases ought to be alleged in the indictment in order for thereto be jurisdiction for the court to impose death. Second, he claimed thatthe trial court erred in the unconstitutional imposition of his death sentenceas it allegedly terminated judicial discretion at the sentencing of a capitalfelony case; the statutes on mitigating and aggravating circumstances arestated ambiguously, and the death sentence itself violated Florida’s deathpenalty statute. Third, Lightbourne claimed that the court erred by permittingChavers and Carson’s testimony to take place, which was a violation of hisprivilege against self-incrimination under the Fifth and Sixth Amendments ofthe Constitution. Fourth, Lightbourne argued the court erred by denyinghis motion to suppress said items, which legitimated the officer’s pat-down,and stop and seizure. Fifth, Lightbourne claimed the court erred byadmitting into evidence the police interrogation video, which showed himwaiving his Miranda rights twice. Sixth, Lightbourne claimed that thetrial court erred by denying his motion to impose sanctions as a result of thestate’s failure to properly notify the defendant of a deposition to be taken ofa listed state witness. Finally, he claimed that the court erred byimposing the death sentence where the more mitigating circumstances outweighedthe aggravating circumstances. On 09/15/83, the Florida Supreme Courtaffirmed Lightbourne’s conviction and death sentence.
On 12/23/83, Lightbourne filed a Petition for Writ ofCertiorari to the United States Supreme Court, which was denied on 02/21/84.
On 05/31/85, Lightbourne filed a 3.850 Motion to the CircuitCourt, which was denied on that same day.
On 06/03/85, Lightbourne filed a 3.850 Appeal to the FloridaSupreme Court, which was affirmed on 06/03/85 (the same day as the filedate). The mandate was issued on 06/28/85.
Lightbourne filed a Petition for Writ of Habeas Corpus tothe United States District Court, Middle District on 06/03/85, which was deniedmore than a year later on 08/20/86.
The United States Court of Appeals affirmed the denial ofLightbourne’s Habeas relief on 09/17/86.
On 07/26/88, Lightbourne filed a Petition for Writ ofCertiorari, which was denied on 10/31/88. During the process of filingthis petition, The Court recalled the mandate and withdrew his order denyingrehearing on 04/20/88. On 04/28/88, the order was denied, but the mandatewas issued.
The Florida Supreme Court received Lightbourne’s Petitionfor Writ of Habeas Corpus on 01/27/89, which was denied on 07/20/89. Atthe time of his petitioning, Lightbourne was filing for a motion for stay andcounsel pro hac vice.
On 01/30/89, Lightbourne filed a 3.850 Motion to the CircuitCourt, which was denied on 01/31/89.
Lightbourne filed a 3.850 Appeal to the Florida SupremeCourt on 01/31/89. The Court granted a stay and execution was pendingfurther notice. On 07/20/89, the Court remanded for evidentiary hearingon one issue, which was the self-incriminating evidence provided byLightbourne’s jailhouse cellmates. On 10/23/89, the Court deniedLightbourne’s motion for a rehearing.
On 01/19/90, Lightbourne filed for a Petition for Writ ofCertiorari to the United States Supreme Court, which was denied on 03/19/90.
On 07/24/91, an evidentiary hearing was held at the CircuitCourt. The 3.850 Motion then was denied on 06/12/92.
Then, on 08/24/92, Lightbourne filed a 3.850 Appeal to theFlorida Supreme Court, which was affirmed on 06/16/94. A rehearing wasdenied and a mandate was issued on 10/26/94. During the petitioningprocess, Lightbourne filed numerous motions for an extension of time.
On 11/07/94, Lightbourne filed a 3.850 Motion to the CircuitCourt, which was denied on 06/19/96. The rehearing was denied on11/15/96.
On 01/28/95, Lightbourne filed a Petition for Writ ofCertiorari to the United States Supreme Court, which was denied on 03/27/95.
Lightbourne filed a 3.850 Appeal to the Florida SupremeCourt on 12/13/96. The denial was reversed on 07/08/99. Whilewaiting for his appeal, Lightbourne filed for various motions to extend timeand for an order for record supplementation. A mandate was issued on08/13/99.
On 12/02/99, an evidentiary hearing was held at the FloridaSupreme Court. The 3.850 Motion was denied on 02/26/01.
On 03/12/01, Lightbourne filed a 3.850 Appeal to the FloridaSupreme Court. The prior denial of the motion was denied on01/16/03. A rehearing was denied on 03/21/03 and a mandate was issued on04/21/03.
On 06/17/03, Lightbourne filed a Petition for Writ ofCertiorari to the United States Supreme Court, which was denied on 11/10/03.
Lightbourne filed a Petition for Writ of Habeas Corpus tothe Florida Supreme Court on 06/18/03, which was denied on 08/17/04. Therehearing was denied on 11/16/04.
On 02/14/05, Lightbourne filed a Petition for Writ ofCertiorari to the United States Supreme Court, which was denied on 06/20/05.
On 03/24/06, Lightbourne’s 3.850 Motion was filed to theCircuit Court. On 05/02/06, the trial court issued an order, denyingLightbourne’s 3.850 Motion without an evidentiary hearing. Lightbourneraised the following two issues, which were denied by the lower court: (1) counsel notification issues and (2) the demand for lethal injection.
On 06/22/06, Lightbourne filed a 3.850 Appeal to the FloridaSupreme Court. On 12/14/06, Lightbourne’s case was relinquished to theCircuit Court regarding the legality of Florida’s lethal injectionprocedures. On 04/16/07, the Court affirmed the trial court’s denial ofLightbourne’s 3.850 Motion.
On 12/14/06, Lightbourne filed a petition seeking to invokethe Florida Supreme Court’s All Writs jurisdiction. The Florida SupremeCourt relinquished jurisdiction to the Circuit Court on 12/14/06. On12/14/16, jurisdiction was relinquished to the Circuit Court in the All WritsPetition filed by Lightbourne in the Florida Supreme Court. The petitionwas denied 09/10/07 in an order that also terminated the temporary stay ofexecution ordered by the Florida Supreme Court on 07/22/07. On 11/01/07,the Florida Supreme Court issued an opinion affirmed the circuit court’s denialof Lightbourne’s All Writs Petition. On 11/05/07, Lightbourne filed a Motionfor rehearing which was denied on 11/07/07.
On 04/03/08, Lightbourne filed a Petition for Writ ofCertiorari in the United States Supreme Court. This petition was deniedon 05/19/08.
Lightbourne filed a 3.851 Motion in the State Circuit Courton 11/29/10. This case is currently pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
--------- --- --------------------------- -------------------
10/17/89 30 DISOBEYINGORDER NEW RIVER "O" UNIT
10/27/89 60 DISOBEYINGORDER FLORIDA STATE PRISON
04/15/91 30 DISOBEYINGORDER FLORIDA STATE PRISON
04/18/91 30 DISOBEYINGORDER FLORIDA STATE PRISON
03/30/92 30 DISOBEYINGORDER FLORIDA STATE PRISON
05/06/92 0 DISOBEYINGORDER FLORIDA STATE PRISON
09/26/94 0 UNAUTH USE OFDRUGS UNION C. I.
12/31/94 0 DISOBEYINGORDER UNION C. I.
12/17/96 0 UNAUTH USE OFDRUGS UNION C. I.
07/23/97 0 MAILVIOLATIONS UNION C. I.
01/06/99 0 FIGHTING UNION C. I.
05/03/02 0 POSS OFNARCOTICS UNION C. I.
06/16/04 0 REF. SUB. ABUSETEST UNION C. I.
_______________________________________________________________________
Report Date: 10/18/04 NRC
Approved: 10/18/04 JFL
Updated: 03/21/11 EMJ