TheCommission on Capital Cases updates this information regularly. Thisinformation, however, is subject to change and may not reflect the lateststatus of an inmate’s case and should not be relied on for statistical or legalpurposes.

BLANCO,Omar (H/M)

AKA:Omar Curro

DC#    084582

DOB:  07/04/50

SeventeenthJudicial Circuit, Broward County, Case #82-453

SentencingJudge: The Honorable Stanton S. Kaplan

Attorney,Trial & Direct Appeal: Michael D. Gelety –Private

Attorney,Collateral Appeals: Ira Still – Registry

Date ofOffense:           01/14/82

Date ofSentence:         06/21/82

Circumstancesof Offense:

JohnRyan’s 14-year-old niece, Thalia Vezos,testified that at approximately 11 p.m. on January 14, 1982, she was in bed inher Ft. Lauderdale home when she saw a man standing in the hallway holding agun and carrying a brown wallet-type object under his arm.  He indicatedthat Vezos was to keep quiet.  He then cut thewires to her telephone and left the room.  Ryan appeared in the hall andtried to take the gun from the intruder.  Ryan was shot in the scuffle andlanded on top of Vezos.  The intruder shot sixmore times, then fled.

A shortwhile later police responding to a BOLO stopped Blanco, who was riding abicycle, and arrested him.  A man’s purse containing Blanco’s ID papersand a watch belonging to Vezos was found near thedoor to Vezos’ bedroom.  On the day followingthe murder, Vezos identified Blanco in a lineup asthe perpetrator.

Additionalinformation:

Blancowas convicted in 1984 of an armed robbery he committed two weeks prior to themurder.

TrialSummary:

06/11/82         Defendant was found guilty of First-Degree Murder and Armed Burglary

as charged in the indictment.

06/15/82         Upon advisory sentencing, the jury, by a vote of 8 to 4, recommended that

the defendant be sentenced to deathfor the murder conviction.

06/21/82         Defendant was sentenced to death for the murder.  He also received 75

years imprisonment for the burglaryconviction.

ResentencingSummary:

05/05/94         Upon advisory sentencing, the jury, by a vote of 10 to 2, recommended that thedefendant be sentenced to death for the murder conviction.

01/06/95         Defendant was sentenced to death.

AppealsSummary:

FloridaSupreme Court – Direct Appeal

FSC#62,371

452 So.2d 520

07/23/82         Appeal filed.

06/07/84         FSC affirmed the conviction and sentence.

07/26/84         Rehearing denied.

08/30/84         Mandate issued.

UnitedStates Supreme Court – Petition for Writ of Certiorari

USSC#84-5659

469 U.S.1181

10/24/84         Petition filed.

01/14/85         Petition denied.

StateCircuit Court – 3.850 Motion

CC#82-453

01/31/86         Motion filed.

04/21/86         Motion denied.

06/09/86         Rehearing denied.

FloridaSupreme Court – Petition for Writ of Habeas Corpus

FSC#68,263

507 So.2d 1377

02/03/86         Petition filed.

05/07/87         FSC denied petition for writ of habeas corpus.

FloridaSupreme Court – 3.850 Motion Appeal

FSC#68,839

507 So.2d 1377

05/30/86         Appeal filed.

05/07/87         FSC affirmed the denial of the 3.850 Motion.

UnitedStates District Court, Southern District – Petition for Writ of Habeas Corpus

USDC#87-6685

691 F.Supp. 308

09/16/87         Petition filed.

07/11/88         USDC granted Habeas, remanded for a new sentencing hearing.

UnitedStates Court of Appeals, Eleventh Circuit – Habeas Appeal (Filed by State)

USCA#88-5758

943 F.2d 1477

08/02/88         State filed appeal.

08/30/88         Defendant filed cross-appeal.

09/30/91         USCA affirmed the district court’s order for a new sentencing hearing.

StateCircuit Court – 3.850 Motion

CC#82-453

08/01/89         Motion filed.

05/05/94         Motion denied.

UnitedStates Supreme Court – Petition for Writ of Certiorari (Filed by State)

USSC#91-1417

504 U.S.946

02/28/92         State filed petition.

05/26/92         Petition denied,
United States Supreme Court – Petition for Writ of Certiorari

USSC#91-7841

504 U.S.943

04/01/92         Petition filed.

05/26/92         Petition denied.

FloridaSupreme Court – 3.850 Motion Appeal

FSC#83,829

702 So.2d 1250

05/25/94         Appeal filed.

09/20/94         Motion granted to hold appeal in abeyance pending the outcome of

resentencing.

09/18/97         FSC affirmed trial court’s denial of 3.850 Motion.

12/17/97         Rehearing denied.

01/16/98         Mandate issued.

FloridaSupreme Court – Direct Appeal, Resentencing

FSC#85,118

706 So.2d 7

02/26/95         Appeal filed.

09/18/97         FSC affirmed the sentence.

02/25/98         Rehearing denied.

03/27/98         Mandate issued.

UnitedStates Supreme Court – Petition for Writ of Certiorari

USSC#97-9118

525 U.S.837

05/13/98         Petition filed.

10/05/98         Petition denied.

StateCircuit Court – 3.850 Motion

CC#82-453

09/16/99         Motion filed.

06/07/01         Amended motion filed.

07/01/03         Motion denied.

FloridaSupreme Court – 3.850 Motion Appeal

FSC#SC03-1328

963So.2d 173

07/31/03         Appeal filed.

04/12/07         FSC affirmed denial of the motion.

08/08/07         Rehearing denied.

08/23/07         Mandate issued.

UnitedStates District Court, Southern District – Petition for Writ of Habeas Corpus

USDC#07-61249

08/31/07         Petition filed.

12/07/10          Petition granted in part and denied inpart.

03/29/11          Petition denied.

UnitedStates Supreme Court – Petition for Writ of Certiorari

USSC#07-7444

128 U.S.919

10/25/07         Petition filed.

01/07/08         Petition denied.

Warrants:

01/07/86         Death warrant signed by Governor Graham.

02/04/86         Scheduled execution date.

02/03/86         Trial court granted stay of execution.

08/18/87         Death warrant signed by Governor Martinez.

09/17/87         Scheduled execution date.

09/16/87         USDC granted stay of execution.

Clemency:

11/20/85         Hearing held (denied).

FactorsContributing to the Delay in Imposition of the Sentence:

Blanco’sresentencing, which essentially began the appeals process anew, his second3.850 motion was under consideration by the trial court for nearly five yearsbefore it was disposed, and his 3.850 Motion Appeal was pending from 07/31/03 –04/12/07.

CaseInformation:

Blancoin 1982 appealed the murder conviction and sentence to the Florida SupremeCourt.  The court affirmed the convictions and sentences in 1984. The U.S. Supreme Court denied certiorari in 1985.

GovernorGraham signed a death warrant in January 1986.  That same month, thedefendant filed a 3.850 motion with the trial court and asked the court for astay of execution.  The trial court in February 1986 stayed the execution,but denied postconviction relief two months later.

Thedefendant petitioned the Florida Supreme Court for a writ of habeas corpus inFebruary 1986 and appealed the denial of the 3.850 Motion to the court in Mayof that year.  In a consolidated opinion, the court in 1987 denied thehabeas petition and affirmed the trial court’s denial of the 3.850 Motion.

GovernorMartinez signed a second death warrant in August 1987. 

Blancopetitioned U.S. District Court, Southern District, for a writ of habeascorpus.  The court granted a stay of execution and in 1988 remanded thecase for a new sentencing hearing.  The State appealed the decision to theU.S. 11th Circuit Court of Appeals and Blanco filed a cross-appeal.  Thecourt affirmed the district court’s decision in 1991.  The State andBlanco then petitioned the U.S. Supreme Court for a writ of certiorari.  Bothpetitions were denied in 1992.

Blancofiled his second 3.850 Motion with the trial court in 1989, which the courtdenied in 1994.  In his appeal to the Florida Supreme Court, Blancopresented two claims:  that the trial court erred in denying the motion,and that the trial court erred in denying the motion to recusethe judge.  The appeal was held in abeyance pending the outcome ofBlanco’s resentencing.  Following the resentencing in 1995, the SupremeCourt in 1997 rejected both claims and affirmed the trial court’s ruling.

Thedefendant filed his second direct appeal with the Florida Supreme Court in1995.  The court affirmed the sentence in 1997.  The U.S. SupremeCourt denied certiorari in 1998.

Blanco filedhis third 3.850 Motion in 1999 that was denied on 07/01/03.  Blanco filedan appeal of that decision in the Florida Supreme Court on 07/31/03.  On04/12/07, the FSC affirmed the denial of the motion.  The FSC issued amandate on 08/23/07.

On08/31/07, Blanco filed a Petition for Writ of Habeas Corpus in the UnitedStates District Court, Southern District.  That petition was granted inpart and denied in part on 12/07/10. Blanco’s petition was ultimately denied on03/29/11.

Blancofiled a Petition for Writ of Certiorari in the United States Supreme Court on10/25/07 that was denied on 01/07/08.

InstitutionalAdjustment:

DATE            DAYS             VIOLATION                                     LOCATION       

--------           ----                ----------------------------                 ------------------- 

02/08/83         0            DISORDERLYCONDUCT            CENTRAL OFFICE      

07/30/84         30                  DISORDERLYCONDUCT            NEW RIVER

 03/11/85        0                    FIGHTING                                        FSP

 06/09/90         60                  UNAUTH PHY.CONTACT             FSP

 10/10/90        30                  ATTEMPT TO CONSPIRE               FSP

 03/25/91        30                  FIGHTING                                        FSP

 08/23/91        0                    DISORDERLY CONDUCT               FSP

________________________________________________________________________

06/06/01- tb

06/06/01– approved – whs

04/13/11– updated – jjk