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.


Last NameFirst NamePictureDC NumberAgencyCase Summary
ParkerDwayne 071115CCRC-SCase Summary

Last Action

DateCourtCase NumberLast Action
11/3/2006FSC06-21763.850 appeal filed
7/17/2007FSC06-2176Initial brief filed
10/22/2007FSC06-2176Answer filed
12/19/2007FSC06-2176Reply filed
3/6/2008FSC06-2176Oral Argument scheduled
1/22/2009FSC06-2176Remanded for new penalty phase
2/4/2009FSC06-2176Parker's Motion for Rehearing filed
2/4/2009FSC06-2176State's Motion for Rehearing filed
2/25/2009FSC06-2176Both Motions for Rehearing denied
3/13/2009FSC06-2176Mandate issued
4/21/2009CC89-8897CF10Resentencing scheduled for 04/21/09
12/15/2009CC89-8897CF10Status Conference

Current Attorney


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 this informationregularly. This information, however, is subject to change and may not reflectthe latest status of an inmate’s case and should not be relied upon forstatistical or legal purposes.


PARKER, Dwayne Irvin (B/M)

DC# 071115

DOB:  02/12/61


Seventeenth Judicial Circuit, Broward County Case#89-8897CF10

Sentencing Judge:  The Honorable Leroy Moe

Attorneys, Trial:  R. H. “Bo” Hitchcock & TheodoreS. Booras – Private

Attorney, Direct Appeal:  Gary Caldwell – AssistantPublic Defender

Attorneys, Collateral Appeals:  Suzanne Keffer – CCRC-S


Date of Offense: 04/22/89

Date of Sentence: 06/14/90


Circumstances of the Offense:


On 04/22/89, Dwayne Irvin Parker and Ladson Marvin Prestonentered a Pizza Hut in Pompano Beach. Parker carried with him two guns: a smallpistol and a semi-automatic pistol. Preston was not armed. They robbed therestaurant safe, in addition to taking money and jewelry from 16 customers inthe dining room. While Parker was in the dining room an employee left therestaurant and called 911 from a business in the vicinity. During the robbery,Parker expelled six shots wounding two customers.


Broward County deputies were outside the establishment whenboth Parker and Preston exited. Parker fired five shots at a deputy and thenran into the street. While in the street, Parker attempted to seize a car byshooting once into the car.


Several individuals had exited a proximate bar and were inthe street, including William Nicholson. A witness had left her home when sheheard the shots and saw Parker running down the street with Nicholson followinghim. The witness heard another shot and saw Nicholson hold his midsection andthen collapse. The shot wound caused Nicholson’s death.


Parker was trapped between two houses and restrained by apolice dog. A pistol and jewelry were found near where Parker was apprehended.Money and jewelry were found in Parker’s possession after he was placed incustody. Twelve shell casings were found: six in the restaurant, five in theparking lot, and one near where the victim collapsed. At trial it was discernedthat all twelve of the casings and the bullet in the victim originated fromParker’s pistol.

Codefendant Information:


Ladson Marvin Preston pled guilty to Second-DegreeMurder and was sentenced to 15 years. At the sentencing of Parker, Prestontestified that he did not expect to serve more than four years. He is notcurrently incarcerated.


Trial Summary:


05/11/89          Indictedas follows:

            Count I:           First-Degree Murder

            Count II:         Aggravated Assault with Firearm

            CountIII:        Attempted Second-Degree Murder

            Count IV:        Armed Robbery

            Count V:         Armed Robbery

            Count VI:        Armed Robbery

            Count VII:      Armed Robbery

            Count VIII:     Armed Robbery

            Count IX:        Armed Robbery

            Count X:         Armed Robbery

            Count XI:        Armed Robbery

            Count XII:      Armed Robbery

06/06/89          Defendantpled not guilty

05/10/90          Juryreturned guilty verdicts on all counts of the indictment.

05/25/90          Thejury recommended the death penalty by a vote of 8-4.

06/14/90          Sentencedas follows:

                                    CountI:           First-Degree Murder – Death

Count II:         Aggravated Assault with Firearm – 5years to run concurrent to Count I

Count III:        Attempted Second-Degree Murder – 30years to run concurrent to Count II

Count IV:        Armed Robbery – Natural Life to runconcurrent with Count II

Count V:         Armed Robbery – Natural Life to runconcurrent with Count II

Count VI:        Armed Robbery – Natural Life to runconcurrent with Count II

Count VII:      Armed Robbery – Natural Life to runconcurrent with Count II

Count VIII:     Armed Robbery – Natural Life to runconcurrent with Count II

Count IX:        Armed Robbery – Natural Life to runconcurrent with Count II

Count X:         Armed Robbery – Natural Life to runconcurrent with Count II

Count XI:        Armed Robbery – Natural Life to runconcurrent with Count II

Count XII:      Armed Robbery – Natural Life to runconcurrent with Count I


Appeal Summary:


Florida SupremeCourt – Direct Appeal

FSC# 76,172

641 So. 2d 369


06/14/90          Appealfiled

06/16/94          FSCaffirmed the conviction and sentence

08/31/94          Rehearingdenied

09/30/94          Mandateissued


United StatesSupreme Court – Petition for Writ of Certiorari

USSC# 94-7018

513 U.S. 1131


11/25/94          Petitionfiled

01/23/95          Petitiondenied


State Circuit Court– 3.850 Motion

CC# 89-8897CF10


03/24/97          Motionfiled

06/05/00          AmendedMotion filed

02/08/03          Motiondenied


Florida Supreme Court – 3.850 Appeal

FSC# 02-1471

904 So.2d 370


07/24/02          Appealfiled

03/24/05          FSC affirmed in part and reversed inpart the trial court’s denial of the 3.850 Motion and remanded the case back tothe Circuit Court for an evidentiary hearing

04/04/05          Motion for rehearing filed

06/02/05          Rehearing denied

06/23/05          Mandate issued

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 03-1045

904 So.2d 370


06/12/03          Petitionfiled

03/24/05          Petitiondenied

04/04/05          Motionfor rehearing filed

06/02/05          Rehearingdenied

06/23/05          Mandate issued


StateCircuit Court – 3.850 Motion (On remand from FSC)

CC# 89-8897CF10


06/05/00          Motionfiled

02/16/06          Evidentiaryhearing held

09/22/06          Orderdenying Parker’s 3.850 motion


Florida Supreme Court – 3.850 Appeal

FSC# 06-2176

3 So.3d 974


11/03/06          Appealfiled

01/22/09          Affirmeddisposition of guilt; Reversed and remanded for new penalty phase

02/04/09          Parker’sMotion for Rehearing filed

02/04/09          State’sMotion for Rehearing filed

02/25/09          BothMotions for Rehearing denied

03/13/09          Mandateissued


Factors Contributing to the Delay in the Impositionof the Sentence:


The Direct Appeal was pending in the Florida Supreme Courtfor four years before a decision was rendered.  The 3.850 Motion waspending in the Circuit Court for four years.


Case Information:


Parker filed his Direct Appeal to the Florida Supreme Courton 06/14/90.  He raised a number of issues, one of which was that thecourt erred in denying his challenges for cause to 16 prospective jurors. Regarding this issue and the remaining issues, the Court found no meritor no error.  The Court affirmed Parker’s conviction and sentence on06/16/94. The rehearing was denied on 08/31/94 and the mandate issued on09/30/94.


Parker filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 11/25/94.  The petition was denied on 01/23/95.


Parker then filed a 3.850 Motion to the Circuit Court on03/24/97.  The amended motion was filed on 06/05/00.  The motion wasdenied on 02/08/03.


Parker filed a 3.850 Appeal to the Florida Supreme Court on06/28/02.  On 03/24/05, the Court reversed the trail court’s denial of the3.850 Motion based on claims of ineffective assistance of trial counsel,counsel’s handling of the bullet evidence, and counsel’s presentation ofmitigating evidence at the penalty phase.  The Court remanded the caseback to the Circuit Court for an evidentiary hearing on these issues.  TheCourt otherwise affirmed the trial court’s order denying post-conviction reliefwith respect to the other issues raised.  Parker filed a motion for arehearing on 04/04/05, which was denied on 06/02/05.  The mandate wasissued on 06/23/05.


Parker filed a Petition for Writ of Habeas Corpus to theFlorida Supreme Court on 06/12/03, which was denied on 03/24/05.  Parkerfiled a motion for a rehearing on 04/04/05, which was denied on 06/02/05. The mandate was issued on 06/23/05.


On 06/05/00, Parker filed a 3.850 Motion to the CircuitCourt, as required (and remanded back to the Circuit Court) by the opinion of theFlorida Supreme Court reversing on specific issues, concerning claims ofineffective assistance of trial counsel, counsel’s handling of the bulletevidence, and counsel’s presentation of mitigating evidence at the penaltyphase.  Evidentiary hearing was held on 02/16/06.  On 09/22/06, thefinal order was issued, denying Parker’s 3.850 Motion (including the remandedissues).


On 11/03/06, Parker filed a 3.850 Appeal to the FloridaSupreme Court.  On 01/22/09, the FloridaSupreme Court affirmed the trial court’s disposition of guilt but reversed andremanded for a new penalty phase.  On02/04/09, both Parker and the State of Florida filed a Motion forRehearing.  On 02/25/09, the FloridaSupreme Court denied both motions.  TheFlorida Supreme Court issued a mandate on 03/13/09.



Report Date:   01/17/02          NMP

Approved:       02/06/02          WS

Updated:         07/09/09          EMJ