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.

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Last NameFirst NamePictureDC NumberAgencyCase Summary
MortonAlvin 309066CCRC-MCase Summary

Last Action

DateCourtCase NumberLast Action
2/13/2009USSC08-8741Petition for Writ of Certiorari filed
3/18/2009USSC08-8741Response brief filed
3/24/2009USSC08-8741Reply brief filed
4/20/2009USSC08-8741Petition denied
3/2/2009USDC-M09-377Habeas Petition filed
4/9/2009USDC-M09-377Amended petition filed
4/24/2009USDC-M09-377Second Amended petition filed
8/6/2009USDC-M09-377Response brief filed
9/25/2009USDC-M09-377Reply brief filed
5/4/2010USDC-M09-377Petition denied
6/1/2010USDC-M09-377Motion to alter judgment filed
2/11/2011USDC-M09-377Motion denied
3/14/2011USCA11-11199Certificate of Appealability filed
3/21/2011USCA11-11199Habeas Appeal filed

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 thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor statistical or legal purposes.


MORTON, Alvin Leroy (W/M)

DC#    309066

DOB:  07/11/72


Sixth Judicial Circuit, Pasco County, Case# 92-308-CFAWS

Sentencing Judge:  The Honorable Craig Villanti

Trial Attorneys:  John E. Swisher & Gary Urso –Private

Attorney, Direct Appeal:  Steven L. Bolotin – AssistantPublic Defender

Attorney, Direct Appeal (RS):  Paul C. Helm – AssistantPublic Defender

Attorneys, Collateral Appeals:  Marie-Louise Parmer& Leslie Scalley – CCRC-M


Date of Offense:  01/26/92

Date of Sentence:  03/18/94

Date of Resentence:  03/01/99


Circumstances of the Offense:


Sometime in the late evening of 01/26/92 or early morning of01/27/92, Alvin Morton, Bobby Garner, and Tim Kane entered the home of thevictims, John Bowers and his mother Madeline Weisser. Two individuals, ChrisWalker and Mike Rodkey, went with the defendant but did not enter theresidence. Morton carried a shotgun while one of the other men carried a largeserrated knife. The three men entered the living room looking for something totake. Bowers and Weisser entered the room from another part of the house.Morton ordered them to get on the floor. At this point, Bowers agreed to givethem whatever they wanted and pleaded for his life. Morton replied that Bowerswould call the police. Bowers insisted that he would not call the police, butMorton replied, “That is what they all say,” and shot Bowers in the back of theneck, killing him. Morton then attempted to shoot Weisser, but the gun jammed.Morton then tried to stab Weisser, but the knife would not penetrate thevictim. Garner then stepped on the knife and pushed it in. Eventually, Weisserwas stabbed eight times in the back of the neck resulting in the severing ofher spinal cord and her death. Before the three men left the home, eitherGarner or Morton cut off one of Bower’s pinky fingers, which they later showedto Jeff Madden, a friend.


The police and firefighters went to the victims’ residenceon a tip. They found that mattresses had been set on fire and discovered thebodies. The police found Morton hiding in the attic of his home. They found themurder weapons underneath Garner’s mother’s trailer. Morton eventuallyconfessed to the shooting of Bower and aiding in the first cut on Weisser.’


Trial Summary:


02/04/92         Indicted as follows:

                                   Count I:          First-Degree Murder

                                   Count II:         First-Degree Murder

02/07/92         Pled not guilty

02/04/94         Jury returned guilty verdicts on all counts of the indictment

02/09/94         Jury recommended death by a vote of 11-1

03/18/94         Sentenced as follows:

                                   Count I:          First-Degree Murder – Death

                                   Count II:         First-Degree Murder –Death

02/18/99         Order returning defendant for resentencing

03/01/99         Upon advisory sentencing, the jury recommended death by a vote of 11-1 andMorton was resentenced to death


Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 83,422

689 So. 2d 259


03/28/94         Appeal filed

03/06/97         FSC affirmed the convictions of two counts of first-degree murder, but vacatedthe death sentences and remanded to the circuit court for resentencing.

04/07/97         Mandate issued


Florida Supreme Court – Direct Appeal (RS)

FSC# 95,171

789 So. 2d 324


03/25/99         Appeal filed

06/28/01         FSC affirmed the death sentences

07/30/01         Mandate issued


State Circuit Court – 3.850 Motion

CC# 92-308-CFAWS


06/28/02         Motion filed

05/12/05         Amended motion filed

04/04/06         Motion denied

09/13/06         Order granting Motion for Rehearing

Florida Supreme Court – 3.850 Appeal

FSC# 06-2091

995 So.2d 233


10/20/06         Appeal filed

08/28/08         FSC affirmed the denial of postconviction relief

09/10/08         Motion for Rehearing filed

11/18/08         Rehearing denied

12/04/08         Mandate issued


Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 07-1201

995 So.2d 233


06/26/07         Petition filed

08/28/08         Petition denied

09/10/08         Motion for Rehearing filed

11/18/08         Rehearing denied


United States Supreme Court – Petition for Writ ofCertiorari

USSC# 08-8741

129 S.Ct. 1999


02/13/09         Petition filed

04/20/09         Petition denied


United States District Court, Middle District – HabeasPetition

USDC# 09-377


03/02/09         Petition filed

04/09/09         Amended petition filed

04/24/09         Second amended petition filed

05/04/10          Petition denied

06/01/10          Motion to alter judgment filed

02/11/11          Motion denied


United States Court of Appeals, 11th Circuit– Habeas Appeal

USCA# 11-11199



03/14/11          Certificate of Appealability filed

03/21/11          Appeal filed



Factors Contributing to the Delay in the Imposition ofthe Sentence:


The Direct Appeal was pending in the Florida Supreme Courtfor three years.


The Circuit Court took nearly four years to render adecision on Morton’s 3.850 Motion.


Case Information:


Morton filed a Direct Appeal to the Florida Supreme Court on03/28/94. The Direct Appeal raised the issue of possible improper impeachmentof witnesses by the State. The Court ruled that the “cumulative effect of continualimpeachment [of witnesses] made it all the more difficult for the jury toseparate substantive evidence from the evidence it had been instructed toconsider solely for impeachment.” This error was ruled harmless beyond areasonable doubt in regard to the guilt phase, but the Court was unable toconfidently conclude that the jury’s recommended sentence of death wasreliable. On 03/06/97, the conviction was affirmed, but the case was remandedto the Circuit Court for a new sentencing phase. The order for resentencing wasdated 02/18/99, and a new jury, with a vote of 11-1, recommended the deathsentence for the two murders.


Morton filed a Direct Appeal for resentencing to the FloridaSupreme Court on 03/25/99.  Four claims were presented on appeal.  TheCourt ruled only one claim to have error, the failure to consider Morton’santisocial personality disorder as a mitigating factor.  This error wasfound to be harmless and the Court affirmed the death sentences on 06/28/01.


On 06/28/02, Morton filed a 3.850 Motion to the CircuitCourt.  An amended Motion was filed.  The lower court denied allclaims filed in Morton’s 3.850 Motion on 04/04/06.  On 09/13/06, the lowercourt issued an order granting the Motion for rehearing.


On 10/20/06, Morton filed a 3.850 Appeal to the FloridaSupreme Court. On 08/28/08, the Florida Supreme Court affirmed the trialcourt’s disposition and denied the postconviction relief appeal.  Mortonfiled a Motion for Rehearing on 09/10/08, which was denied on 11/18/08. On 12/04/08, the Florida Supreme Court issued a mandate in this case.


On 06/26/07, Morton filed a Petition for Writ of HabeasCorpus to the Florida Supreme Court.  This petition was denied on08/28/08.  On 09/10/08, Morton filed a Motion for Rehearing which wasdenied on 11/18/08.


On 02/13/09, Morton filed a Petition for Writ of Certiorariin the United States Supreme Court.  This petition was denied on 04/20/09.


On 03/02/09, Morton filed a Petition for Writ of Habeas Corpusin the United States District Court, Middle District.  Morton filed anamended petition on 04/09/09 and a second amended petition on 04/24/09. This petition was denied on 05/04/10. A motion to alter judgment was filed on06/01/10, and it was denied on 02/11/11.


Morton applied for a Certificate of Appealability on 03/14/11and filed a Habeas Appeal on 03/21/11 in the United States Court of Appeals, 11thCircuit. This case is currently pending.


Institutional Adjustment:













Report Date:  01/09/02          NMP

Approved:      01/09/02         WS

Updated:        03/24/11         EMJ