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.

BANKS, Chadwick (B/M)

DC #   582127

DOB: 06/15/71

Second Judicial Circuit, Gadsden County, Case #92-841-CFA

Sentencing Judge: The Honorable William Gary

Trial Attorney: Stephen Seliger – Private

Attorney, Direct Appeal: Teresa Sopp – Special PublicDefender

Attorney, Collateral Appeals: Gary Printy (State) &Terri Backhus (Federal)

Dates of Offense:       09/24/92

Date of Sentence:       04/29/94

Circumstances of Offense:

Chadwick Banks, the defendant, was convicted and sentencedto death for the murder of his wife, Cassandra Banks, and the murder and sexualbattery of his 10-year-old stepdaughter, Melody Cooper.

In the early morning hours of 09/24/92, Banks entered hiswife’s trailer, proceeded to her bedroom and shot her execution style while shelay sleeping.  Reports indicated that Mrs. Banks died without ever gainingconsciousness.

The defendant then went to Cooper’s bedroom, brutally rapedher for approximately 20 minutes, and then shot her in the head.

Additional Information:

Prior to the instant offense, Banks was charged with twoviolent felonies in which the adjudication of guilt was withheld.  Uponthe commission of these murders, however, Banks was adjudicated guilty on thetwo aggravated assault charges and was sentenced to five years on each charge.

Trial Summary:

09/28/92         Defendant arrested.

10/02/92         Defendant indicted on:

                                   Count I:           First-DegreeMurder

                                   Count II:         First-Degree Murder

                                   Count III:        Sexual Battery/Victim Under 12

03/13/94         The defendant entered a plea of no contest on all counts.

03/14/94         The jury found the defendant guilty on all counts.

03/18/94         Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for

  the deathpenalty for the murder of Melody Cooper.

04/29/94         The defendant was sentenced as followed:

                                   Count I:           First-DegreeMurder (Cassandra Banks) - Life

                                   Count II:         First-Degree Murder(Melody Cooper) - Death

                                   Count III:        Sexual Battery/Victim Under 12– Life

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #83,774

700 So. 2d. 363

05/31/94         Appeal filed.

08/28/97         FSC affirmed the convictions and sentence of death.

10/14/97         Rehearing denied.

11/13/97         Mandate issued.

United States Supreme Court – Petition for Writ ofCertiorari

USSC #97-7522

523 U.S. 1026

01/12/98         Petition filed.

03/23/98         Petition denied.

State Circuit Court – 3.850 Motion

CC #92-841

06/10/99         Motion filed.

04/30/01         Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC #01-1153

842 So.2d 788

05/22/01         Appeal filed.

03/20/03         3.850 denial affirmed.

04/21/03         Mandate issued.

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC #SC02-63

842 So.2d 788

01/11/02         Petition filed.

03/20/03         Petition denied.

04/21/03         Mandate issued.

U.S. District Court,Northern District – Petition for Writ of Habeas Corpus

USDC# 03-328

12/01/04         Petition filed.

07/29/05         USDC dismissed petition.

Factors Contributing to the Delay in the Imposition ofthe Sentence:

Banks’ Direct Appeal took over three years to complete.

Case Information:

Chadwick Banks filed his Direct Appeal, pertaining only to thepenalty phase for the murder of Melody Cooper, in the Florida Supreme Court on05/31/94.  In addition to the issues raised in the appeal, Banks arguedthe following issues: the trial court erred in instructing the jury on thecold, calculated, and premeditated (CCP) factor when the state did not providesufficient evidence for the claim; the court erred in its application of theheinous, atrocious, or cruel (HAC) aggravating factor; and the court doubledthe aggravating factors, which could be consolidated into one.  Banks alsocontended that the court did not adequately weigh the mitigating factorspresented on his behalf.  The Florida Supreme Court affirmed theconvictions and sentence of death on 08/28/97.  The mandate was issued on11/13/97.

The defendant filed a Petition for Writ of Certiorari on01/12/98, which was denied on 03/23/98.

Next, Banks filed a 3.850 Motion in the Circuit Court on06/10/99.  The motion was denied on 04/30/01, and an appeal was filed onthat motion in the Florida Supreme Court on 05/22/01.  The 3.850 denialwas affirmed on 03/20/03.

On 01/11/02, Banks filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court, which was denied on 03/20/03.

Banks filed a Petition for Writ of Habeas Corpus in the U.S.District Court, Northern District, on 12/01/04 that was dismissed on07/29/05. 

 Institutional Adjustment: 

 DATE         DAYS           VIOLATION                          LOCATION      

 --------           ----         ----------------------------             -------------------

 07/28/97        0            UNARMEDASSAULT               UNION C.I.

 08/27/01        180        UNARMEDASSAULT                UNIONC. I.        

 09/19/01        30         POSS OF CONTRABAND           UNION C. I.        

 07/22/02        30               FIGHTING                               UNIONC. I.        

 07/26/04        0            POSS OFCONTRABAND            UNIONC. I.

________________________________________________________________________

10/29/01 – ew

11/07/01 – approved – ws

12/11/07 – updated – klh