The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied on for statistical or legal purposes.
BARNHILL, Arthur (B/M)
DC # 992634
DOB: 01/31/75
Eighteenth Judicial Circuit, Seminole County, Case #95-2932
Sentencing Judge: The Honorable Kenneth R. Lester
Attorney, Criminal Trial: Timothy Caudill – Assistant PublicDefender
Attorney, Direct Appeal: James R. Wulchak – Assistant PublicDefender
Attorney, Collateral Appeals: Robert Strain & DavidGemmer – CCRC-M
Date ofOffense: 08/06/95
Date of Sentence: 02/11/00
Circumstances of Offense:
Arthur Barnhill was convicted and sentenced to death for the08/06/95 murder of 84-year-old Earl Gallipeau.
Arthur Barnhill was raised by his grandparents; however, atthe age of 20, Barnhill was asked to move out because he refused to followtheir rules. Barnhill then took up residence with his friend, M.Jackson. After Barnhill was asked to leave the Jackson residence, hedecided he would go to New York, where his girlfriend lived. Barnhillplanned to steal money and a car from 84-year-old Earl Gallipeau, who was alawn service customer of Barnhill’s grandfather.
On 08/06/95, Barnhill and M. Jackson went to Gallipeau’shome to steal his car. They entered the house through the garage andwaited in the kitchen for two hours as Gallipeau watched television in anotherroom. While in the kitchen, Barnhill revealed to Jackson that he plannedto kill Gallipeau. Upon hearing this, Jackson left and at least onewitness reported seeing Jackson walking alone, away from Gallipeau’s home.
Barnhill attacked Gallipeau as he entered the kitchen fromthe television room. Barnhill attempted to strangle him with his hands,but failed. Barnhill then tried to strangle Gallipeau by wrapping a towelaround his neck as a ligature. When that attempt failed, Barnhill tookoff Gallipeau’s belt and wrapped it around his neck several times, stranglingand killing Gallipeau. Barnhill dragged his body to the back room andleft it there.
After stealing Gallipeau’s car and money, Barnhill met upwith Jelani Jackson. The two drove to New York, where Barnhill met upwith his girlfriend. New York police quickly located Gallipeau’s car andsubsequently arrested Barnhill on an old warrant.
Prior Community Supervision History in the State ofFlorida:
| Offense Date | Offense | Sentence Date | County | Case No. | Supervision Length |
| 12/7/1994 | BURG/DWELL/OCCUP.CONVEY | 6/21/1995 | SEMINOLE | 9500862 | 1Y 0M 0D |
| 12/7/1994 | BURG/DWELL/OCCUP.CONVEY | 6/21/1995 | SEMINOLE | 9500862 | 3Y 0M 0D |
Trial Summary:
11/06/95 Defendant indicted on the following charges:
Count I: First-Degree Murder
Count II: Armed Burglary
Count III: Armed Robbery
Count IV: Grand Theft Auto
10/16/98 The defendant entered a plea of “no contest” and was adjudicated guilty
on all countscharged in the indictment.
09/20/99 Upon advisory sentencing, the jury, by a 9 to 3 majority, recommended
the death penalty.
02/11/00 The defendant was sentenced as followed:
Count I: First-Degree Murder - Death
Count II: Armed Burglary - Life
Count III: Armed Robbery - Life
Count IV: Grand Theft Auto – 5 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #SC00-547
834 So. 2d 836
03/15/00 Appeal filed.
10/10/02 FSC affirmed the convictions and sentence of death.
12/27/02 Rehearing denied.
12/27/02 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #02-9924
539 U.S. 917
03/27/03 Petition filed.
06/09/03 USSC denied the petition.
State Circuit Court – 3.850 Motion
CC #95-2932
12/01/03 Motion filed.
05/19/05 Evidentiary Hearing held.
12/30/05 CC denied the motion.
Florida Supreme Court – 3.850 Motion Appeal
FSC# 06-275
971 So. 2d 106
02/13/06 Appeal filed.
10/25/07 Appeal denied.
12/28/07 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 06-1803
971 So. 2d 106
09/11/06 Petition filed.
10/25/07 Petition denied.
12/28/07 Mandate issued.
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 08-1048
(Pending)
06/27/08 Petition filed.
Factors Contributing to the Delay in the Imposition ofthe Sentence:
There have been no unreasonable delays in the imposition ofBarnhill’s sentence at this time.
Case Information:
On 03/15/00, Arthur Barnhill filed a Direct Appeal in theFlorida Supreme Court. In that appeal, he argued that the trial courterred in denying his motion for disqualification and in refusing to strike twojurors for cause. Barnhill also raised issues concerning voir dire andthe trial court’s failure to grant his motion for a continuance. Barnhillclaimed that the trial court erred in adjudicating him guilty for both robberyand grand theft, which he claimed to be the same principle crime. Lastly,Barnhill contended that the trial court erred in its consideration andapplication of aggravating and mitigating circumstances. Specifically,Barnhill claimed that the trial court improperly found that the murder wascommitted for pecuniary gain and committed during the course of a felony. The Florida Supreme Court agreed, noting that the trial court relied on thesame aspects of the crime to find both aggravating factors, which constitutedimproper doubling. For the purposes of reviewing Barnhill’s appeal, theFlorida Supreme Court noted that the pecuniary gain aggravating factor shouldbe stricken. The Florida Supreme Court affirmed Barnhill’s convictionsand sentence of death on 10/10/02.
On 03/27/03, Barnhill filed a Petition for Writ ofCertiorari in the U.S. Supreme Court, which was denied on 06/09/03.
Barnhill filed a 3.850 Motion in the State Circuit Court on12/01/03, and an Evidentiary Hearing was held on 05/19/05. The motion wasdenied on 12/30/05.
Barnhill filed a 3.850 Motion Appeal in the Florida SupremeCourt on 02/13/06. This appeal was denied on 10/25/07.
Barnhill filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 09/11/06. The FSC denied this petition on10/25/07.
Barnhill filed a Petition for Writ of Habeas Corpus in theUnited States District Court on 06/27/08. This petition is currently pending.
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05/27/03 – ew
06/10/03 – approved – ws
07/02/08 – updated – klh