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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
(Pending)
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:
| DATE | DAYS | VIOLATION | LOCATION |
| 12/27/99 | 0 | SPOKEN THREATS | UNION C. I. |
Report Date: 01/09/02 NMP
Approved: 01/09/02 WS
Updated: 03/24/11 EMJ