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.
BROWN, Paul Anthony (W/M)
DC # V02093
DOB: 07/31/67
Seventh Judicial Circuit, Volusia County, Case #92-34756CFAES
Sentencing Judge: The Honorable R. Michael Hutcheson
Trial Attorney: J. Peyton Quarles, Esq. – Private
Attorney, Direct Appeal: J. Peyton Quarles, Esq. – Private
Attorney, Collateral Appeals: Christopher J. Anderson, Esq.– Registry
Date of Offense: 11/05/92
Date of Sentence: 11/07/96
Circumstances of Offense:
Paul Anthony Brown was convicted and sentenced to death forthe murder of Roger Hensley on 11/05/92.
Paul Anthony Brown moved from Tennessee to Daytona Beach inOctober of 1992. He met Scott Jason McGuire and the two spent severalweeks abusing drugs and alcohol together. Brown decided to go back toTennessee, however, had no means of getting back, and McGuire’s vehicle wasimmobile.
Brown and McGuire met Roger Hensley, the victim, outside abar on 11/05/92. The three men returned to Hensley’s apartment to have abeer and smoke marijuana. At one point, Hensley invited Brown and McGuireto stay the night, and then he retired to bed. According to McGuire’scourt testimony, Brown told him that he was going to shoot Hensley and stealhis vehicle. McGuire was concerned about the loud sound that a gunshotwould produce, so Brown obtained two knives from the kitchen and motioned toMcGuire that he would slit Hensley’s throat. McGuire reportedly threw theknife down and refused to participate in the murder. At that point, Brownsaid he would do it himself, but ordered McGuire to block the doorway, so thatHensley could not escape. Brown entered the bedroom and began to stabHensley. McGuire heard Hensley exclaim “No!” and upon entering the room,he saw Hensley drenched in blood and gasping for air.
Brown found the keys to Hensley’s vehicle and the two menfled to Tennessee. Brown was arrested by the Federal Bureau ofInvestigation on 11/08/92 for his involvement in a Tennessee bankrobbery. When the FBI questioned him, Brown confessed to partaking in themurder of a Florida man, but implicated McGuire as the one responsible forslitting Hensley’s throat.
Codefendant Information:
Scott Jason McGuire pled guilty to Second-Degree Murder forhis part in the murder of Roger Hensley on 11/05/92. On 09/28/93, McGuirewas sentenced to 40 years in prison.
Trial Summary:
04/06/93 Defendantindicted on:
Count I: First-Degree Murder
10/18/96 Thejury found the defendant guilty.
10/23/96 Uponadvisory sentencing, the jury, by a 12 to 0 majority, voted for the deathpenalty.
11/07/96 Thedefendant was sentenced as followed:
Count I: First-Degree Murder -Death
11/13/96 Thedefendant was subsequently sentenced on the following charges which stemmedfrom the murder of Roger Hensley:
Count I: Armed Robbery – 17-years
Count II: Armed Burglary – 17-years
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC #89,537
721 So. 2d 274
12/16/96 Appeal filed.
10/01/98 FSC affirmed the convictions and sentence of death.
11/30/98 Rehearing denied.
12/30/98 Mandate issued.
United States Supreme Court - Petition for Writ ofCertiorari
USSC #98-8383
526 U.S. 1102
03/01/99 Petition filed.
05/03/99 Petition denied.
Circuit Court - 3.850 Motion
CC #92-34756
11/03/00 Motion filed.
04/30/01 Motion denied.
Florida Supreme Court - 3.850 Appeal
FSC #SC01-1275
846 So.2d 1114
06/08/01 Appeal filed.
04/24/03 Denial affirmed.
05/27/03 Mandate issued.
Florida Supreme Court - Petition for Writ of HabeasCorpus
FSC #SC01-2713
846 So.2d 1114
12/10/01 Petition filed.
04/24/03 Petition denied.
05/27/03 Mandate issued.
Circuit Court - 3.851 Motion
CC #92-34756
02/07/08 Motion filed.
05/07/08 Motion denied.
Florida Supreme Court - 3.850 Appeal
FSC #08-1033
06/05/08 Appealfiled.
06/17/10 Denialaffirmed.
United States Supreme Court - Petition for Writ ofCertiorari
USSC # 10-7420
(Pending)
11/23/10 Petitionfiled.
02/22/11 Petitiondenied.
Factors Contributing to the Delay in the Imposition ofthe Sentence:
There have been no unreasonable delays at this time.
Case Information:
Brown filed his Direct Appeal in the Florida Supreme Courton 12/16/96. All the issues that Brown raised on appeal referred to thepenalty phase of the trial. He argued that the court erredwhen it instructed the jury that the murder was heinous, atrocious, and cruel(HAC) and that the murder was cold, calculated, and premeditated (CCP). Brown also questioned the proportionality of his sentence and theconstitutionality of Florida’s death penalty. The Florida Supreme Courtaffirmed the conviction and sentence of death on 10/01/98.
On 03/01/99, Brown filed a Petition for Writ of Certiorariin the United States Supreme Court, which was denied on 05/03/99.
Brown next filed a Motion to Vacate Judgment and Sentence(3.850) in the State Circuit Court on 11/03/00. That motion was denied on04/30/01. Brown filed an appeal of that decision in the Florida SupremeCourt on 06/08/01, which was affirmed on 04/24/03.
Brown also filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 12/10/01, which was denied on 04/24/03.
On 02/07/08, Brown filed a 3.850 Motion with the StateCircuit Court. The motion was denied on 05/07/08.
On 06/05/08, Brown filed a 3.850 appeal with the Florida SupremeCourt. On 06/17/10, the FSC affirmed the denial of the 3.850 motion.
On 11/23/10, Brown filed a Petition for Writ of Certiorariin the United States Supreme Court. That petition was denied on 02/22/11.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
05/20/01 56 LYINGTOSTAFF FSP
01/08/02 24 FIGHTING FSP
05/03/03 60 DISRESP.TO OFFICIALS UNION C.I.
12/12/03 0 DISOBEYINGORDER UNION C. I.
________________________________________________________________________
11/22/01 – ew
12/06/01 – approved – ws
03/16/11 – updated – jjk