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 upon for statistical or legal purposes.
FINNEY, Charles W. (B/M)
DC# 516349
DOB: 01/05/54
Thirteenth Judicial Circuit, Hillsborough County Case #91-1611
Sentencing Judge: The Honorable Susan Sexton
Attorney, Trial: Barbara Pittman & Richard Escobar –Special Assistant Public Defender Attorney, Direct Appeal: Steven Bolotin – Assistant Public Defender
Attorney, Collateral Appeals: James Viggiano – CCRC-M & Pam Izakowitz– Registry
Date of Offense: 01/16/91
Date of Sentence: 11/10/92
Circumstances of Offense:
The body of Sandra Sutherland was discovered on the bed ofher apartment around 2:00 p.m. on 01/16/91. She had been gagged, bound,and stabbed thirteen times in the back, with all but one wound penetrating thelungs. Sutherland’s bedroom had been ransacked, the contents of her pursedumped on the floor, and her VCR was missing.
Numerous fingerprints were gathered from the apartment,including prints from a piece of paper and from a jar of face cream found inthe bedroom. The VCR was located at a local pawn shop. Fingerprints found at the apartment and on the VCR matched a fingerprint on apawn shop ticket for Charles W. Finney, who had pawned the VCR for a $30loan.
When questioned by police about his whereabouts on the dayof the murder, Finney told police that he was home sick and never left hisapartment. When police confronted Finney with the fact that he had pawnedSutherland’s VCR, he told police that he was taking out his garbage, found theVCR, and pawned it for cash.
Finney was a neighbor of Sutherland, until she moved to adifferent apartment in the same complex eight months prior to the murder. Finney testified that Sutherland contacted him about screening in her patio ather new apartment, and that he had been in Sutherland’s apartment to help hermove boxes in the apartment.
Prior Incarceration History in the State of Florida:
Prior to the murder, Finney was sentenced to two years ofcommunity supervision for a 1990 Cocaine Possession charge.
On 01/29/91, Finney raped, robbed, and kidnapped a gift shopowner. On 07/20/92, Finney was convicted of the crimes, and on 11/10/92,he was sentenced to two terms of thirty years imprisonment and one term of lifeimprisonment, respectively (Case # 91-1612).
Trial Summary:
02/16/91 Indicted as follows:
CountI First-Degree Murder
CountII Armed Robbery
CountIII Sexual Battery
CountIV Dealing in Stolen Property
09/14/92 State nolle prossed CountIII of the indictment
09/17/92 Jury returned guilty verdicts on all counts of the indictment
09/18/92 Jury recommended death by a vote of 9-3
11/10/92 Sentenced as follows:
CountI First-Degree Murder – Death
CountII Armed Robbery – LifeImprisonment
CountIV Dealing in Stolen Property –15 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 80,990
660 So. 2d 674
12/31/92 Appeal filed
07/20/95 FSC affirmed convictions and sentences
09/18/95 Rehearing denied
10/18/95 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 95-6955
516 U.S. 1096
12/04/95 Petition filed
01/22/96 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 91-1611
03/31/97 Motion filed
05/04/00 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 00-1351
831 So. 2d 651
06/22/00 Appeal filed
09/26/02 FSC affirmed denial of 3.850 Motion
11/22/02 Rehearing denied
12/23/02 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 01-356
831 So. 2d 651
02/19/01 Petition filed
09/26/02 FSC denied Petition
11/22/02 Rehearing denied
12/23/02 Mandate issued
U.S. District Court, Middle District – Petition forWrit of Habeas Corpus
USDC# 02-CV-2217
01/24/03 Petition filed
07/21/03 Petition amended
07/17/06 USDC denied petition
Circuit Court – 3.850 Motion
Case# 91-1611
07/11/03 Motion filed
03/16/04 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 04-887
907 So. 2d 1170
05/21/04 Appeal filed
05/06/05 FSC affirmed denial of the Motion
07/08/05 Rehearing denied
U.S. Court of Appeals, 11th Circuit – Petition forWrit of Habeas Corpus Appeal
USCA# 06-14282
08/03/06 Appeal filed
11/13/06 USCA denied Certificate of Appealability
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 06-10544
127 S. Ct. 2944
02/05/07 Petition filed
06/11/07 USSC denied petition
Circuit Court – 3.850 Motion
CC# 91-1611
06/21/07 Motion filed
09/26/08 Motion denied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 08-2137
18 So.3d 527
11/17/08 Appeal filed
09/03/09 FSC affirmed denial of the Motion
Circuit Court – 3.850 Motion
CC# 91-1611
11/29/10 Motionfiled
01/31/11 Motiondenied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 11-426
(Pending)
03/04/11 Appealfiled
Factors Contributing to the Delay in Imposition ofSentence:
The case progression appears to be within acceptable timeparameters.
Case Information:
Finney filed a Direct Appeal with the Florida Supreme Courton 12/31/92, citing the following errors: insufficient evidence to supportconvictions and the use of pecuniary gain as an aggravator; excluding evidencethat the bondage was of a consensual and sexual nature; denying a defenserequest that Finney’s shackles be removed during the penalty phase; allowingthe testimony and prohibiting cross-examination of the victim of the robberyand rape perpetrated two weeks after the Sutherland murder; denying the requestfor jury instructions on the specific nonstatutorymitigating circumstances; and instructing and finding three aggravatingfactors. On 07/20/95, the FSC affirmed the convictions andsentences.
Finney filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 12/04/95 that was denied on 01/22/96.
Finney filed a 3.850 Motion with the Circuit Court on03/31/97 that was denied on 05/04/00.
Finney filed a 3.850 Motion Appeal with the Florida SupremeCourt on 06/22/00, citing claims of ineffective assistance of counsel. On09/26/02, the FSC affirmed the trial court’s denial of the 3.850 Motion.
Finney filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 02/19/01, citing claims of ineffective assistance ofcounsel. On 09/26/02, the FSC denied the Petition.
Finney filed a Petition for Writ of Habeas Corpus with theU.S. District Court, Middle District, on 01/24/03, and on 07/17/06, the USDCdenied the petition.
Finney filed a 3.850 Motion with the Circuit Court on07/11/03 that was denied on 03/16/04.
Finney filed a 3.850 Motion Appeal with the Florida SupremeCourt on 05/21/04 that was denied on 05/06/05.
Finney filed a Petition for Writ of Habeas Corpus Appealwith the U.S. Court of Appeals, 11th Circuit on 08/03/06. On 11/09/06,the USCA denied the Certificate of Appealability.
Finney filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 02/05/07 that was denied on 06/11/07.
On 06/21/07, Finney filed a Successive Motion to Vacate inthe Circuit Court that was denied on 09/26/08.
Finney filed a 3.850 Motion Appeal with the Florida SupremeCourt on 11/17/08 that was denied on 09/03/09.
On 11/29/10, Finney filed a Successive Motion to Vacate inthe Circuit Court. That motion was denied on 1/31/11.
On 03/04/11, Finney filed a 3.850 motion appeal in theFlorida Supreme Court. That appeal is pending.
Institutional Adjustment:
THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
07/25/03 60 LYING TO STAFF UNION C. I.
________________________________________________________________________
Report Date: 07/02/03 JFL
Approved: 07/24/03 WS
Updated: 03/11/11 JJK