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.


Inmate

Last NameFirst NamePictureDC NumberAgencyCase Summary
HillClarence 089718RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
9/20/2006  Executed

Current Attorney


Cases


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.

 

HILL, Clarence (B/M)

DC #    089718

DOB:   12/02/57

  

First Judicial Circuit, Escambia County Case # 82-4973

Sentencing Judge: The Honorable Edward Barfield

Trial Attorney: Terry Terrell – Assistant Public Defender

Attorney, Direct Appeal: Steven Bolotin – Assistant PublicDefender

Attorney, Collateral Appeals: D. Todd Doss – Registry

                                        

Date of Offense:           10/19/82

Date of Sentence:         05/27/83

Date of Resentence:      04/02/86

 

 

Circumstances of the Offense:

 

On October 22, 1982, Clarence Hill and Cliff Jackson left Mobile, Alabama, with a stolen gun in a stolen vehicle.  Hill and Jackson drove to Pensacola, Florida, and robbed a savings and loan association using their stolen gun.  Thepolice were notified and arrived during the commission of the felony.  Hill ranout of the back door and Jackson fled from the front.  Officers Taylor andBailey apprehended Jackson and, as they were attempting to handcuff Jackson, Hill approached them from behind.  Hill shot the law enforcement officers, killing Taylor and wounding Bailey.  A shoot-out followed between Hill and Bailey.Hill was shot five times and fled the scene, but was apprehended a short time later.

 

 

Codefendant Information:

 

Cliff Jackson was sentenced to life imprisonment for hisinvolvement in the crimes.

 

 


Trial Summary

 

11/02/82          Defendant indicted with the following:

Count I:            First-DegreeMurder

Count II:           AttemptedFirst-Degree Murder

Count III:         Robberywith a Firearm 

                                    Count IV:         Robberywith a Firearm 

                                    Count V:          Robberywith a Firearm 

                                    Count VI:         Possessionof Firearm during Commission of a

Felony 

04/29/83          Defendant was found guilty on all countsby the trial jury

04/29/83          The jury recommended Death by a vote often to two

05/27/83          Defendant was sentenced as follows:

                                    Count I:            First-DegreeMurder – Death                              

                                    Count II:           AttemptedFirst Degree Murder – Life Sentence

                                    Count III:         Robberywith a Firearm – Life Sentence

                                    Count IV:         Robberywith a Firearm – Life Sentence

                                    Count V:          Robberywith a Firearm – Life Sentence

                                    Count VI:         Possessionof Firearm During Commission of a

Felony – LifeSentence

10/10/85          FloridaSupreme Court vacated sentence of Death and remanded the case to the trialcourt for a new sentencing trial

 

03/27/86          The jury recommended Death by a vote of 11to 1

04/02/86          Defendant was sentenced as follows:

                                    Count I:            First-DegreeMurder – Death

 

*Note: sentences to run consecutively

 

 

Appeal Summary:

 

Florida State Supreme Court – Direct Appeal

FSC #63,902

477 So. 2d 553

 

07/05/83          Appeal filed.

10/10/85          FSC affirmed the conviction of First-Degree Murder, but remanded totrial court for resentencing.

11/19/85          Rehearing denied.

12/31/85          Mandate issued.

 

 

 

 

 

Florida Supreme Court – Direct Appeal

FSC #68,706

515 So. 2d 176

 

05/07/86          Appeal filed.

09/17/87          FSC affirmed the conviction of First-DegreeMurder and the sentence of Death.

12/08/87          Rehearing denied.

01/19/88          Mandate issued.

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #87-6367

485 U.S. 993

 

02/05/88          Petition filed.

04/04/88          Petition denied.

 

State Circuit Court – 3.850 Motion

CC #82-4973

 

12/11/89          Motion filed.

01/18/90          Motion denied.

01/22/90          Rehearing denied.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #75,149

556 So. 2d 1385

 

12/12/89          Petition filed.

01/26/90          Petition denied.

01/26/90          Rehearing denied.

 

Florida Supreme Court – 3.850 Appeal

FSC #75,332

556 So. 2d 1385

 

01/22/90          Appeal filed.

01/26/90          Appeal denied.

01/26/90          Rehearing denied.

 

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

USDC #90-40023

 

01/27/90          Petition filed.

08/31/92          Petition partially granted.

 

U.S. Court of Appeals (11th Circuit) –Habeas Corpus Appeal

USCA #93-2616

 

05/14/93          Appeal filed (Appeal Withdrawn).

 

Florida Supreme Court – Direct Appeal(reopened)

FSC #68,706

643 So. 2d 1071

 

01/18/94          Appeal reopened.

10/13/94          FSC affirmed the conviction of First-DegreeMurder and the sentence of Death.

03/21/95          Rehearing denied.

04/20/95          Mandate issued.

 

U.S. Supreme Court – Petition for Writof Certiorari

USSC #95-5024

516 U.S. 872

 

06/19/95          Petition filed.

10/02/95          Petition denied.

 

U.S. District Court (Northern District) –Petition for Habeas Corpus (amended)

USDC #90-40023

 

02/26/96          Appeal filed.

11/26/96          Petition denied.

01/05/97          Rehearing denied.

 

U.S. Court of Appeals (11thCircuit) – Habeas Corpus Appeal

USCA #93-2616, 97-2140

175 F. 3d 915

 

02/20/97          Appeal filed.

05/14/99          Denial affirmed.

07/28/99          Rehearing denied.

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #99-6802

528 U.S. 1087

 

10/28/99          Petition filed.

01/10/00          Petition denied.

 

State Circuit Court – 3.850 Motion

CC #82-4973

 

06/23/03          Motion filed.

05/26/04          Motion denied.

 

Florida Supreme Court – 3.850 MotionAppeal

FSC #04-1487

No opinion

 

07/29/04          Appeal filed.

05/13/05          FSC affirmed denial of Motion.

 

Circuit Court – 3.851 Motion

CC #82-4973

 

12/15/05          Motion filed.

12/23/05          CC denied Motion.

 

Florida Supreme Court – 3.851 MotionAppeal

FSC #06-2

 

01/03/06          Appeal filed.

01/17/06          FSC affirmed denial of Motion and Mandateissued.

 

U.S. Supreme Court – Petition for Writof Certiorari

USSC #05-8731

 

01/19/06          Petition filed.

02/27/06          USSC denied petition.

 

U.S. District Court (Northern District)– Complaint for Declaratory & Injunctive Relief

USDC# 06-32

 

01/20/06          Complaint filed.

01/21/06          USDC dismissed complaint.

 

U.S. Court of Appeals (11thCircuit) – Application to File Successive Habeas Petition & Stay ofExecution

USCA# 06-10595

 

01/20/06          Application and stay filed.

01/24/06          USCAdenied application and ruled that the court has no jurisdiction to issue a stay.

 

 

U.S. Court of Appeals (11thCircuit) – Complaint for Declaratory & Injunctive Relief

USCA# 06-10621

 

01/21/06          Appeal filed.

01/24/06          USCA affirmed denial of complaint.

 

U.S. Supreme Court – Petition for Writof Habeas Corpus

USSC# 05-8780

 

01/24/06          Petition filed.

01/24/06          USSC denied petition.

 

U.S. Supreme Court – Petition for Writof Certiorari

USSC# 05-8794

 

01/24/06          Petition filed.

01/25/06          USSC granted petition.

06/12/06          USSC reversed and remanded to the USCA

 

U.S. Court of Appeals (11thCircuit) – Complaint for Declaratory & Injunctive Relief

USCA# 06-10621

 

08/31/06          Complaint remanded to USDC.

 

U.S. District Court (Northern District)– Complaint for Declaratory & Injunctive Relief (On Remand)

USDC# 06-32

 

09/01/06          USDC dismissed complaint.

 

U.S. Court of Appeals (11thCircuit) – Petition for Stay of Execution & Expedited Appeal

USCA# 06-14927

 

09/13/06          Petition filed.

09/15/06          USCA denied petition.

 

U.S. Supreme Court – Petition for Writof Certiorari & Application for Stay of Execution

USSC# 06-6545

 

09/18/06          Petition & application filed

09/20/06          USSC denied application

 

 

 


Death Warrant:

 

11/09/89          Death Warrant signed by Governor BobMartinez.

01/23/90          Stay granted by Florida Supreme Court.

01/27/90          Stay granted by United States DistrictCourt.

 

11/29/05          Death Warrant signed by Governor Bush. Execution set for 01/24/06.

01/24/06          Stay granted by U.S. Supreme Court

 

08/17/06          Death Warrant reinstated by GovernorBush.  Execution set for 09/20/06.

 

09/20/06          Executed

 

 

Clemency:

 

06/23/88          Clemency Hearing Held (denied).

 

 

Factors Contributing to the Delay in Impositionof Sentence:

 

The Florida SupremeCourt remanded the case for resentencing, which resulted in a second DirectAppeal.  The USDC partially granted a Habeas Petition and the second DirectAppeal was reopened.  The number of appeals and the time required to processeach one has contributed to the delay.

 

 

Case Information:

 

A direct appeal was filed on 07/05/83. Issues that were raised included whether the trial court erred in refusing to excuse for cause twojurors because of their preconceived notions regarding this case.  The FloridaSupreme Court agreed with Hill in that the aforementioned error was notharmless.  The remaining claims, however, were found to be either without meritor harmless.  The Florida Supreme Court ruled that even though none of theerrors affected his convictions, they found it necessary to vacate the sentenceof Death on 10/10/85 and remanded the case for a new sentencing proceedingbefore a new jury.

 

A second Direct Appeal was filed on 05/07/86.  Issues thatwere raised included whether the trial court erred by permitting prosecutorialmisconduct, which denied appellant a fair trial.  The Florida Supreme Courtfound all claims either harmless or without merit and affirmed the convictionand sentence of Death on 09/17/87. 

 

A Petition for Writ of Certiorari was filed with the UnitedStates Supreme Court on 02/05/88 and denied on 04/04/88. 

 

Governor Martinez signed a Death Warrant on 11/09/89.

A 3.850 was filed with the Circuit Court on 12/11/89 anddenied on 01/18/90.

 

A Petition for a Writ of Habeas Corpus was filed with theFlorida Supreme Court on 12/12/89 and a 3.850 Appeal was filed with the FloridaSupreme Court on 01/22/90.  A stay of execution was granted on 01/23/90.  Identical issues that were raised included whether appellant’s counsel wasineffective. The Florida Supreme Court found the claims either without merit orharmless and denied the Petition and affirmed the trial court’s denial of the3.850 on 01/26/90.

 

A Petition for Writ of Habeas Corpus was filed with theUnited States District Court on 01/27/90.  The Federal District Courtdetermined that the state trial judge erred in failing to find certainnonstatutory mitigating factors. The Federal District Court found that theState Court might have erred in its harmless error analysis. The Federal District Court partially granted the Petition for Writ of Habeas Corpus on 08/31/92,and Hill moved to reopen the second Direct Appeal.

 

The Direct Appeal was reopened with the Florida SupremeCourt on 01/18/94 and Hill’s conviction and sentence of Death was affirmed on 10/13/94. 

 

A Petition for Writ of Certiorari was filed with the UnitedStates Supreme Court on 06/19/95 and was denied on 10/02/95. 

 

An amended Petition for Writ of Habeas Corpus was filed withthe United States Court of Appeals on 02/26/96 and was denied on 11/26/96. 

 

Two federal Habeas Corpus Appeals were filed simultaneouslyon 02/20/97.  Some issues that were raised included whether the Florida SupremeCourt conducted a deficient harmless error analysis after striking one of theaggravating factors found by the trial judge in imposing the death sentence. The United States Court of Appeals affirmed the District Court’s denial ofHabeas relief on 05/14/99.

 

A Petition for Writ of Certiorari was filed with the UnitedStates Supreme Court on 10/28/99 and was denied on 01/10/00. 

 

A 3.850 Motion was filed on 06/23/03 with the circuit court and was denied on 05/26/04.

 

A 3.850 Motion Appealwas filed on 07/29/04 with the Florida Supreme Court, raising Ring issues.  On05/13/05, the FSC affirmed the denial of the Motion.

 

Governor Bush signed a death warrant on 11/29/05.  Executionwas set for 01/24/06. 

 

A 3.851 Motion was filed on 12/15/05 with the circuit courtthat was denied on 12/23/05. 

 

A 3.851 Motion Appeal was filed with the Florida SupremeCourt on 01/03/06, focusing primarily on the lethal injection procedure in Florida.  On 01/17/06, the FSC affirmed the denial of the 3.851 Motion.    

 

A Petition for Writ of Certiorari was filed with the U.S.Supreme Court on 01/19/06 that was denied on 02/27/06. 

 

A Complaint for Declaratory & Injunctive Relief wasfiled with the U.S. District Court on 01/20/06 that was dismissed on 01/21/06. 

 

An Application to File a Successive Habeas Petition and Stayof Execution was filed with the U.S. Court of Appeals on 01/20/06.  On01/24/06, the USCA denied the application and ruled that the court did not havejurisdiction to issue a stay. 

 

A Complaint for Declaratory & Injunctive Relief Appealwas filed with the U.S. Court of Appeals on 01/21/06.  On 01/24/06, the USCAaffirmed the denial of the complaint.

 

A Petition for Writ of Habeas Corpus was filed with the U.S.Supreme Court on 01/24/06 that was denied on 01/24/06.

 

A Petition for Writ of Certiorari was filed with the U.S.Supreme Court on 01/24/06 that was granted on 01/25/06.  On 06/12/06, the USSCreversed and remanded the complaint to the USCA.

 

Governor Bush reinstated the death warrant on 08/17/06. Execution is set for 09/20/06. 

 

The USCA remanded the complaint to the USDC on 08/31/06. 

 

The USDC dismissed the complaint on 09/01/06. 

 

A Petition for Stay of Execution and Expedited Appeal wasfiled with the U.S. Court of Appeals on 09/13/06 and was denied on 09/15/06.

 

A Petition for Writ of Certiorari & Application for Stayof Execution was filed with the U.S. Supreme Court on 09/18/06.  On 09/20/06,the USSC denied the application. 

 

On 09/20/06, Clarence Hill was executed.

 


Institutional Adjustment:

 

THE FOLLOWING ENTRIES REFLECTDISCIPLINARY ACTIONS AGAINST THE INMATE

FOR VIOLATION OF THE RULECITED AND INDICATE THE GAIN TIME DAYS LOST.

                                                                    

DATE     DAYS                    VIOLATION                                        LOCATION      

08/17/83      0                         POSS OF UNAUTHBEV.                   NEW RIVER "O" UNIT 

08/05/85      0                         POSS OFNEGOTIABLES                   FLORIDA STATE PRISON

09/02/86     30                        DISRESP.TOOFFICIALS                   FLORIDA STATE PRISON

09/08/87     30                        POSS OFCONTRABAND                 FLORIDA STATE PRISON

11/05/87     30                        DISOBEYINGORDER                         FLORIDA STATE PRISON

01/04/88     20                        FIGHTING                                            FLORIDA STATE PRISON

11/17/88     15                        DISOBEYINGORDER                         FLORIDA STATE PRISON

11/16/89     60                        UNARMEDASSAULT                      FLORIDA STATE PRISON

12/03/90     60                        DISORDERLYCONDUCT                  FLORIDA STATE PRISON

03/04/92     30                        POSS OFCONTRABAND                 FLORIDA STATE PRISON

08/17/92      0                         DISOBEYINGORDER                         FLORIDA STATE PRISON

11/21/93      0                         DISRESP.TOOFFICIALS                   UNION C. I.        

02/09/94      0                         SPOKENTHREATS                            UNION C. I.        

02/09/94      0                         DISRESP.TOOFFICIALS                   UNION C. I.         

08/19/94      0                         DISOBEYREGULATIONS                 UNION C. I.

06/07/95      0                         DISOBEYINGORDER                         UNION C. I.

06/24/95      0                         DISRESP.TOOFFICIALS                   UNION C. I.

06/25/95      0                         DISORDERLYCONDUCT                  UNION C. I.

08/03/95      0                         DEFACING STATEPROP.                 UNION C. I.

10/18/95      0                         DISOBEYINGORDER                         UNION C. I.

03/07/96      0                         UNAUTH PHY.CONTACT               UNION C. I.

03/04/98      0                         DISOBEYINGORDER                         UNION C. I.

10/14/98      0                         LYING TOSTAFF                               UNION C. I.

01/07/00      0                         POSS OFCONTRABAND                 UNION C. I.

04/26/01      0                         DISOBEYINGORDER                         UNION C. I.

05/01/05    30                        POSS OF CONTRABAND                 UNION C. I.                                                           

 

 

Report Date:     12/06/01          cc

Approved:        01/08/02          ws

Updated:          09/21/06          jfl