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
BrownPaul Anthony V02093RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
12/10/2001FSC01-2713Habeas filed
4/24/2003FSC01-2713Denied
5/27/2003FSC01-2713Mandate
6/5/2008FSC08-10333.850 Appeal
8/31/2009FSC08-1033Initial Brief
9/11/2009FSC08-1033Amended Initial Brief filed
11/19/2009FSC08-1033Answer Brief
1/14/2010FSC08-1033 Reply Brief
6/17/2010FSC08-10333.850 denial affirmed
11/23/2010USSC10-7420Petition for Writ of Certiorari filed
2/22/2011USSC10-7420Petition for Writ of Certiorari denied
2/7/2008CC92-347563.851 Motion
5/7/2008CC92-34756Denied

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
AndersonChristopher J.Atlantic Beach, FL645 Mayport Rd, Suite 4-G32233-3400904/246-4448Email

Cases

Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Anderson92-34756HutchesonVolusiaMiddle04/20/096/18/09

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 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