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 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
12/11/89 Motion filed.
01/18/90 Motion denied.
01/22/90 Rehearing denied.
Florida Supreme Court – Petition for Writ of Habeas Corpus
Florida Supreme Court – 3.850 Appeal
U.S. Court of Appeals (11th Circuit) –Habeas Corpus Appeal
10/13/94 FSC affirmed the conviction of First-DegreeMurder and the sentence of Death.
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)
02/26/96 Appeal filed.
11/26/96 Petition denied.
01/05/97 Rehearing denied.
U.S. Court of Appeals (11thCircuit) – Habeas Corpus Appeal
U.S. Supreme Court – Petition for Writ of Certiorari
01/10/00 Petition denied.
State Circuit Court – 3.850 Motion
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