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 onfor statistical or legal purposes.
BOTTOSON,Linroy (B/M)
DC # 078079
DOB: 02/28/39
Ninth JudicialCircuit, Orange County, Case # CR79-4512
SentencingJudge: The Honorable Frank N. Kaney
Trial Attorney: William Sheaffer, Esq.
Attorney, DirectAppeal: A. Thomas Mihok, Esq.
Attorney,Collateral Appeals: Peter Cannon – CCRC-M
Date ofOffense: 10/26/79
Date ofSentence: 05/01/81
Date ofExecution: 12/09/02
Circumstancesof Offense:
On October 26, 1979, the defendant, Linroy Bottoson, murdered the victim, Catherine WillieAlexander, by stabbing her and running over her with a vehicle.
At approximately noon on October 26, Bottoson abducted Alexander, the postmistress of the townof Eatonville, Florida, from the post office. As she was leaving withBottoson, Alexander whispered to two bystanders to call the police. U.S. postal inspectors were called to the scene and discovered that some postal moneyorders were missing. The inspectors began to suspect Bottoson and his wife,Dorothy Bottoson, when Mrs. Bottoson tried to cash one of the missing money ordersthat same afternoon. Postal inspectors arrested the couple around 10:30 p.m. on October 29.
The victim’sbody was found on the side of a dirt road the same night Bottoson wasarrested. The victim had been stabbed 14 times in the back and once in theabdomen. The medical examiner testified that crushing injuries to the chestand abdomen suggested the victim was run over by an automobile.
A search of thedefendant’s home the day after his arrest turned up the missing money ordersand the victim’s shoes. Hair samples and clothing impressions found on theundercarriage of the defendant’s rented car were consistent with having comefrom the victim. Also found in the car were clothing fibers similar to thosein the victim’s clothes and a tip of the victim’s fingernail. Finally, a dogfamiliar with the victim’s scent found her scent under the car, and a dogfamiliar with the defendant’s scent found his scent at the scene where the bodywas found.
Co-defendantstatus:
Dorothy Bottosonwas arrested on federal charges on October 29, 1979. The charges were dropped the following month.
Additionalinformation:
Prior to thisoffense, the defendant was convicted of a 1971 bank robbery in California. Both the trial court and the Florida Supreme Court found the conviction to bean aggravating factor.
TrialSummary:
10/29/79 Defendant arrested.
11/15/79 Defendant indicted on:
CountI: First-Degree Murder
04/25/80 Defendant entered a plea of “not guilty.”
11/04/80 Court granted the Motion to Withdraw asCounsel filed by the Assistant Public Defender, James R. Valerino, and thecourt appointed Attorney William Sheaffer.
04/06/81 Defendant was found guilty by the trialjury of First Degree Murder as charged in the indictment.
04/10/81 Upon advisory sentencing, the trial jury,by a 10 to 2 majority, voted for the death penalty.
05/01/81 Defendant was sentenced as followed:
Count I: First-Degree Murder -Death.
AppellateSummary:
Florida Supreme Court, Direct Appeal
FSC # 60,708
443 So. 2d 962 (Fla. 1983)
06/03/81 Appeal filed.
12/15/83 FSC affirmed the conviction and sentenceof death.
02/07/84 Motion for rehearing denied.
03/22/84 Mandate issued.
United States Supreme Court, Petition for Writ ofCertiorari
USSC # 83-6553
469 U.S. 873
04/05/84 Petition filed.
10/01/84 USSC denied petition.
FloridaSupreme Court, Petition for Writ of Habeas Corpus or in the alternative, Writof Mandamus
FSC # 62,521
427 So.2d 736 (Fla. 1983)
08/25/82 Petition filed.
02/07/83 FSC denied petition.
United States District Court, Middle District,Petition for Writ of Habeas Corpus
USDC # 82-208 Civ-Orl-11
03/15/83 Petition filed.
11/30/83 USDC denied petition.
United States Court ofAppeals for the 11th Circuit, Habeas Appeal
USCA # 83-3731
12/08/83 Appeal filed.
02/08/84 USCA remanded to the United States District Court.
United States Court ofAppeals for the 11th Circuit, Habeas Appeal
USCA # 84-3589
08/27/84 Appeal filed.
09/14/84 Voluntarily dismissed.
United States DistrictCourt, Middle District, Petition for Writ of Habeas Corpus (On Remand FromUSCA)
USDC # 83-208-Civ-Orl-18
10/24/85 On remand from USCA.
01/08/86 Motion for evidentiary hearing denied.
09/08/86 Motion for summary judgment denied, case dismissed, andno appeal
filed.
State CircuitCourt, 3.850 Motion
CC # CR79-4512
12/23/85 Original motion filed.
02/28/90 Amended motion filed.
02/05/93 Trial court denied 3.850 Motion.
Florida Supreme Court, 3.850 Appeal
FSC # 81,411
685 So.2d 1302 (Fla. 1996)
03/11/93 Appeal filed.
01/18/96 FSC affirmed the trial court’s denial of 3.850 Motion.
05/09/96 FSC denied motion for rehearing.
06/11/96 Mandate issued.
Florida Supreme Court, Petition for Writ ofHabeas Corpus
FSC # 87,694
684 So.2d 1382 (Fla. 1997)
04/04/96 Petition filed.
01/09/97 FSC denied petition.
United States SupremeCourt, Petition for Writ of Certiorari
USSC # 96-5441
519 U.S. 967
08/02/96 Petition filed.
11/04/96 USSC denied petition.
United States DistrictCourt, Middle District, Petition for Writ of Habeas Corpus
USDC # 97-09-Misc-Orl-19
04/22/97 Petition filed.
06/02/98 USDC denied petition.
United States Court ofAppeals for the 11th Circuit, Habeas Appeal
USCA # 98-2886
234 F.3d 526
12/16/98 Appeal filed.
11/29/00 USCA affirmed the district court’s denial of thepetition.
02/28/01 Motion for rehearing denied.
Florida Supreme Court, Petition forExtraordinary Relief and Stay of Execution
FSC # SC02-42
01/10/02 Petition and application for stay filed.
02/05/02 Stay granted by theUnited States Supreme Court in lieu of the decision pending in Ring v.Arizona.
Florida Supreme Court, Petition for Writ ofHabeas Corpus and Motion to Reopen 3.850 Appeal
FSC # SC02-58
01/11/02 Petition and motion filed.
01/31/02 Petition denied.
01/31/02 Mandate issued.
Florida Supreme Court, 3.850 Appeal
FSC # SC02-128
813 So.2d 31
01/22/02 Appeal filed.
01/31/02 Denial affirmed.
01/31/02 Mandate issued.
Florida Supreme Court, Petition for Writ ofHabeas Corpus and Stay of Execution
FSC # SC02-1455
833 So.2d 693
07/05/02 Petition and stay filed.
07/08/02 Stay granted.
10/24/02 Petition denied and stay to be lifted in 30 days.
United States SupremeCourt, Petition for Writ of Certiorari & Application for Stay of Execution
USSC # 02-7530
537 U.S. 1070
11/19/02 Petition filed.
11/25/02 Application for Stay of Execution filed.
12/09/02 Petition denied.
Warrants
01/31/90 Death warrant signed by Governor Bob Martinez.
04/04/90 Scheduled execution date.
02/27/90 Trial court granted stay of execution.
11/19/01 Death warrant signed by Governor Jeb Bush.
02/05/02 Scheduled execution date.
02/05/02 The United States Supreme Court granted a stay ofexecution.
07/08/02 Execution set.
07/08/02 The Florida Supreme Court granted a stay of execution.
12/06/02 Execution set.
12/06/02 Stay granted by Governor Jeb Bush to evaluate Bottoson’scompetency.
12/09/02 Execution set.
FactorsContributing to the Delay in the Imposition of the Sentence:
The delay in this case stems from the number of appeals filed and a 3.850Motion, filed with the trial court in 1985 (amended in 1990) that took morethan seven years to dispose. The defendant’s Direct Appeal was filed in 1981,more than 20 years ago. In addition to the aforementioned 3.850 Motion,Bottoson subsequently filed two Habeas Petitions in the Florida Supreme Court,and two Habeas Petitions in United States District Court, one of which wasremanded by the 11th Circuit Court of Appeals.
Case Information:
Bottoson filed a Direct Appeal with the Florida Supreme Court in 1981. In that appeal, he argued that the trial court erred in admitting statements hemade to his cellmate and a minister. Bottoson also questioned theconstitutionality of searching his home without a warrant. Bottoson contendedthat there was insufficient evidence to support his conviction and the courterred in failing to give a requested jury instruction. The Florida SupremeCourt affirmed the conviction and sentence of death on 12/15/83.
The defendant then petitioned for a Writ of Certiorari with the UnitedStates Supreme Court, which the court denied on 10/01/84.
While his Direct Appeal to the Florida Supreme Court was pending,Bottoson petitioned the court for a Writ of Habeas Corpus in 1982. Bottosonmoved that he be released from state custody and be returned to the Federalprison system. The court denied the petition in February 1983.
Bottoson then filed a Habeas Petition with the United States DistrictCourt, Middle District, in 1983, which was denied. The defendant appealed thedecision to the 11th Circuit United States Court of Appeals. TheCourt of Appeals remanded the case in 1984 to the District Court. A secondappeal was filed with the 11th Circuit Court of Appeals in August1984 and was voluntarily dismissed the following month.
In December 1985, Bottoson filed a 3.850 Motion with the trial court, andfiled an amended motion in February 1990. The court denied the motion in1993.
On remand from the 11th Circuit Court of Appeals, the UnitedStates District Court in January 1986 denied Bottoson’s motion for anevidentiary hearing, and in September of that year denied his motion forsummary judgment.
In March of 1993, the defendant filed a 3.850 Appeal in the FloridaSupreme Court. He argued that his trial counsel was ineffective for failing toinvestigate the qualifications of an expert witness, that the trial judgeimproperly instructed the jury during the penalty phase of the trial, and thathis counsel was ineffective during the penalty phase. The court affirmed thetrial court’s denial of the 3.850 Motion in January 1996.
In April 1996, Bottoson filed a second Habeas Petition with the FloridaSupreme Court. This time, the defendant argued his appellate counsel wasineffective for failing to raise the Neil issue in his Direct Appeal. The courtdenied the petition in January 1997. While the court’s decision was pending,the defendant, in August 1996, again petitioned the U.S. Supreme Court for awrit of certiorari, which the court denied in November of the same year.
Bottoson returned in April 1997 to United States District Court with aHabeas Petition, which the court denied two months later. The 11thCircuit Court of Appeals affirmed the decision in November 2000.
On 11/19/01, Governor Jeb Bush signed a death warrant and the execution was set for 02/05/02.
On 01/10/02, Bottoson filed a Petition for Extraordinary Relief and an application for a stay of execution inthe Florida Supreme Court. On 01/11/02, he filed a Petition for Writ of HabeasCorpus and a Motion to Reopen his 3.850 Appeal. The Habeas was denied on 01/31/02.
On 01/23/02, Bottoson filed a 3.850 Appeal in the Florida Supreme Court, in which the denial was affirmed on 01/31/02.
On 02/05/02, The United States Supreme Court granted Bottoson a stay of execution pending a ruling made in Ringv. Arizona.
Bottoson’s execution was again set for 07/08/02. He filed a Petition for Writ of Habeas Corpus and an application for a stay ofexecution in the Florida Supreme Court on 07/05/02. The Florida Supreme Court granted the stay on 07/08/02. On 10/24/02, the Florida Supreme Court denied the petition and directed the stay to be lifted in 30 days. Bottoson’s execution was again set for 12/06/02.
Bottoson filed a Petition for Writ ofCertiorari filed in the United States Supreme Court on 11/19/02. He filed an application for a stay of execution on 11/25/02.
On 12/06/02, Governor Bush granted Bottoson a stay of execution and appointed several psychiatrists to examineBottoson’s competency. After he was determined to be competent, Bottoson’sexecution was again set for 12/09/02.
Bottoson’s Petition for Writ ofCertiorari was denied on 12/09/02 and he was executed at 5:00 p.m. that day.
Report date: 03/28/01 –tb
Approved: whs
Updated: 12/03/02 - ew