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.
KEARSE, Billy Leon (B/M)
DC# 138315
DOB: 10/26/72
Nineteenth Judicial Circuit, St. Lucie County Case#91-136CF
Sentencing Judge: The Honorable Marc A. Cianca
Attorney, Trial: Robert G. Udell – Private
Attorney, Trial (Resentencing): Robert G. Udell –Private
Attorney, Direct Appeal: Jeffery Anderson – AssistantPublic Defender
Attorney, Direct Appeal (Resentencing): JefferyAnderson – Assistant Public Defender
Attorneys, Collateral Appeals: Paul Edward Kalil –CCRC-S
Date of Offense: 01/18/91
Date of Sentence: 11/08/91
Date of Resentence: 03/24/97
Circumstances of the Offense:
Billy Leon Kearse was convicted of robbery with a firearmand the murder of Fort Pierce police officer, Danny Parrish, which occurred on01/18/91.
Officer Danny Parrish observed Billy Kearse driving thewrong way on a one-way street. Parrish radioed in the vehicle license platenumber and proceeded to stop Kearse. Kearse did not have his driver’s licenseand gave Parrish several alias names that did not match the driver’s licensehistory. Kearse was then ordered to exit the vehicle and place his hands on topof the vehicle. When Parrish attempted to handcuff Kearse, a struggle ensued.Kearse grabbed Parrish’s weapon and fired 14 shots. Thirteen of the shotsstruck Parrish, nine in his body and four in his bullet-proof vest.
A nearby taxi driver heard the shots and saw a dark bluevehicle occupied by a black male and female drive away from the scene. The taxidriver then called for help on Parrish’s radio. Parrish was transported to thehospital by emergency personnel, where he died from the gunshot injuries. Abe-on-the-lookout (BOLO) was issued for a black male driving a dark blue 1979Monte Carlo. The police checked the license plate number Parrish had called inbefore the traffic stop and discovered it was registered to an address in FortPierce, where Kearse was arrested.
Kearse waived his Miranda rights and confessed to shootingParrish during the struggle.
One of Kearse’s companions testified during the trial thatKearse shot Officer Parrish “because his probation was suspended and the policewas [sic] looking for him already.”
Prior Incarceration History:
| Prior Prison History: (Note: Data reflected covers periods of community supervision with the Florida Dept. of Corrections Since January of 1983) |
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length | | |
| 10/19/1989 | BURGUNOCCSTRUC/CV OR ATT. | 02/27/1990 | ST. LUCIE | 8902835 | 4Y 0M 0D | | |
| 10/19/1989 | BURGLARY TOOLS-POSSESS | 02/27/1990 | ST. LUCIE | 8902835 | 4Y 0M 0D | | |
| Prior Community Supervision History: | |
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length | | |
| 04/21/2000 | 2ND DEG.MURD,DANGEROUS ACT(ATTEMPTED) | 03/22/2002 | POLK | 0002653 | 30Y 0M 0D | | |
| 04/21/2000 | AT.FLNY.MURD/NOT 782.04(3) | 03/22/2002 | POLK | 0002653 | SENTENCED TO LIFE | | |
Trial Summary:
05/08/91 Indicted as follows:
CountI: First-DegreeMurder
CountII: Robbery with Firearm
CountIII: Possession of Firearm byConvicted Felon
05/28/91 Count I and II were severed from Count III.
10/22/91 Jury returned a verdict of guilt for Counts I and II.
10/24/91 Jury recommended death by a vote of 11-1
11/08/91 Sentenced as follows:
CountI: First-Degree Murder– Death
CountII: Robbery with Firearm – Life
06/22/95 Florida Supreme Court reversed death sentence for new sentencing phase.
03/24/97 At resentencing, jury recommended death by a vote of 12-0.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 79,037
662 So. 2d 677
12/05/91 Appeal filed
06/22/95 Conviction affirmed and sentence reversed
11/09/95 Rehearing denied
12/11/95 Mandate issued
Florida Supreme Court – Direct Appeal (Resentencing)
FSC# 90,310
770 So. 2d 1119
04/14/97 Appeal filed
06/29/00 Conviction and sentence affirmed
08/24/00 Rehearing denied
09/25/00 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 00-8104
532 U.S. 945, 121 S.Ct. 1411
01/18/01 Petition filed
03/26/01 Petition denied
State Circuit Court – 3.850 Motion
CC# 91-136CF
10/03/01 Motion filed
06/21/02 Amended
03/01/04 Second amended
09/06/05 Order denying 3.850 Motion
Florida Supreme Court – 3.850 Appeal
FSC# 02-716
821 So. 2d 297 (Fla. 2002)
04/01/02 Appeal filed
06/13/02 Appeal dismissed voluntarily
Florida Supreme Court – 3.850 Appeal
FSC# 05-1876
969 So.2d 976 (Fla., 2007)
10/03/05 Appeal filed
08/30/07 Appeal denied
09/14/07 Motion for Rehearing filed
11/30/07 Motion for Rehearing denied
12/07/07 Mandate entered
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 06-942
969 So.2d 976 (Fla., 2007)
05/15/06 Petition filed
08/30/07 Petition denied
09/17/07 Motion for Rehearing filed
11/30/07 Motion for Rehearing denied
12/17/07 Mandate entered
Florida Supreme Court – Co-defendant in Petition forAll Writs Jurisdiction
FSC# 06-2391
12/14/06 Petition filed
09/11/07 Petition denied
State Circuit Court – 3.850 Motion
CC# 91-136CF
12/26/07 Motion filed
01/29/08 Motion stayed
05/21/08 Stay lifted
07/01/08 Amended Motion filed
09/11/08 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC#08-1986
11 So.3d 355
10/23/08 Appeal filed
05/22/09 Appeal denied
United States District Court, Southern District –Petition for Writ of Habeas Corpus
USDC# 09-14240
07/16/09 Petition filed
11/22/10 Petition dismissed as untimely
State Circuit Court – 3.850 Motion
CC# 91-136
10/29/10 Motion filed
01/07/11 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 11-244
(Pending)
02/07/11 Appeal filed
Factors Contributing to the Delay in Imposition ofSentence:
It took nearly four years for the Florida Supreme Court torender a decision on Kearse’s direct appeal in which the Court reversedKearse’s sentence and remanded the case to the trial court for Kearse to beresentenced.
Case Information:
On 12/05/91, Kearse filed a Direct Appeal to the FloridaSupreme Court. The Court found that the trial court made an error infailing to give the jury requested information concerning the aggravatingcircumstances: cold, calculated, and premeditated. The Court, on06/22/95, affirmed Kearse’s conviction but remanded his sentence forresentencing.
On 04/14/97, Kearse filed his Direct Appeal afterresentencing to the Florida Supreme Court. The Court found that Kearse’sdeath sentence was not disproportionate to the crime; that Kearse was notentitled to interview jurors concerning an allegation of juror misconduct; and,in a capital murder trial during the sentencing phase, photographs of thevictim’s body are admissible. In addition, the Court found thatdisqualification of the prosecutor was not warranted because he had not yettaken the elected office of county court judge. The Court, on 06/29/00,affirmed Kearse’s sentence.
Kearse filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 01/18/01, which was denied on 03/26/01.
Kearse filed a 3.850 Motion to the Circuit Court on10/03/01. The motion was amended twice on 06/21/02 and 03/01/04. On09/06/05, the Circuit Court issued an order, denying the amended 3.850 Motion.
Kearse filed a 3.850 Appeal to the Florida Supreme Court on04/01/02, which was dismissed voluntarily on 06/13/02. Kearse’s motion todismiss the appeal was denied as moot.
On 10/03/05, Kearse filed a 3.850 Appeal to the FloridaSupreme Court. The Circuit Court decision was affirmed by the FloridaSupreme Court in an opinion dated 08/30/07. No mandate has been issued inthis matter as of 09/12/07. Kearse filed a Motion for Rehearing on09/14/07, which was denied on11/30/07. The FSC entered a mandate inaccordance with the 08/30/07 opinion on 12/17/07.
On 05/15/06, Kearse filed a Petition for Writ of HabeasCorpus to the Florida Supreme Court. The petition was denied by theFlorida Supreme Court on 08/30/07. Kearse filed a Motion for Rehearing on09/17/07, which was denied on 11/30/07. The FSC entered a mandate inaccordance with the 08/30/07 opinion on 12/17/07.
On 12/14/06, Kearse filed a Petition to invoke the All WritsJurisdiction of the Florida Supreme Court as a co-petitioner. Thispetition is in reference to various issues relating to the execution of AngelNieves Diaz. The Florida Supreme Court denied this petition on 09/10/07.
On 12/26/07, Kearse filed a 3.851 motion in the CircuitCourt. On 01/29/08, the Circuit Court ordered a stay of disposition forthis motion. On 05/21/08, the Circuit Court ordered the stay ofdisposition be lifted and granted leave for amending said motion. Kearseamended this motion on 07/01/08. On 09/11/08, the amended motion wasdenied by the Circuit Court.
On 10/23/08, Kearse filed a 3.851 Appeal to the FloridaSupreme Court. On 05/22/09, the Florida Supreme Court denied this appeal.
On 07/16/09, Kearse filed a Petition for Writ of HabeasCorpus to the United States District Court, Southern District. This petitionwas dismissed on 11/22/10 as untimely.
Kearse filed a 3.850 Motion in the Circuit Court on10/29/10. This motion was denied on 01/07/11.
On 02/07/11, Kearse filed a 3.850 Appeal in the FloridaSupreme Court. This case is currently pending.
Institutional Adjustment:
| Institutional Adjustment: |
| Date | Offense | Days | Location |
| 07/31/91 | DISORDERLY CONDUCT | 0 | UNION C.I. |
| 12/31/93 | UNARMED ASSAULT | 60 | UNION C.I. |
| 10/22/02 | FIGHTING | 0 | UNION C.I. |
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Report Date: 09/02/04 KB
Approved: 09/02/04 JFL
Updated: 03/16/11 EMJ