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