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.
FOSTER, Charles K. (W/M)
DC# 049546
DOB: 10/20/46
Fourteenth Judicial Circuit, Bay County Case # 75-486
Sentencing Judge: The Honorable Mercer P. Spear
Attorney, Trial: William F. Wager, Jr. – Assistant PublicDefender
Attorney, Direct Appeal:
(1979): Louis G. Carres – Assistant Public Defender
(1992): Richard H. Burr, III, Steven W. Hawkins, Steven L. Seliger – Private
(1995): Richard H. Burr, III & Steven L. Seliger – Private
Attorney, Collateral Appeals: Mary C. Bonner – Private
Date of Offense: 07/15/75
Date of Sentence: 10/04/75
Date of Resentence: 06/18/90,08/12/93
Circumstances of Offense:
On 07/15/75, Charles Foster and the victim, Julian Lanier,met two girls at a bar who agreed to go somewhere else to drink with the twomen. Lanier bought whiskey and cigarettes and the four left in Lanier’scamper-trailer.
Foster and the girls had planned for Lanier to have sex withone of the girls in exchange for money. The vehicle was parked in adeserted area and Lanier and one of the girls began to undress.
Foster then hit Lanier, put a knife to Lanier’s throat andcut his neck. Lanier was then dragged into the bushes where he was laidface down and covered with pine branches and leaves. Lanier continued tobreathe, so Foster took a knife and cut Lanier’s spine at the base of his neck.
The girls and Foster then drove away in Lanier’s vehicle andfound his wallet underneath a mattress. Foster and the girls split themoney in the wallet and left the vehicle in a motel parking lot.
One of the girls reported the crime and was not charged.
Trial Summary:
08/07/75 Indicted as follows:
Count I First-Degree Murder
Count II Robbery
10/03/75 Jury returned guilty verdicts on both counts
10/04/75 Jury unanimously recommended a death sentence for the murder
conviction
10/04/75 Sentenced as follows:
Count I First-Degree Murder – Death
Count II Robbery –Life imprisonment
06/18/90 Resentenced to death. The jury recommended a death sentence by a vote
of 8-4.Resentenced as the result of the FSC vacating the original death
sentence on 12/03/87.
08/12/93 Resentenced to death. The jury recommendation was the same 8-4 vote as
on 06/18/90. Resentenced as the result of the FSCremanding the case for
a new sentencingorder on 10/22/92.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 48,380
369 So. 2d 928
11/18/75 Appeal filed
02/22/79 FSC affirmed conviction and sentence
05/10/79 Rehearing denied
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 79-5169
444 U.S. 885
08/06/79 Petition filed
10/01/79 USSC denied Petition
Circuit Court – 3.850 Motion
CC #75-486
05/13/81 Motion filed
05/15/81 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal and Stayof Execution
FSC# 60,636
400 So. 2d 1
05/15/81 Appeal filed
05/28/81 FSC affirmed denial of 3.850 Motion
U.S. District Court, Northern District – Petition forWrit of Habeas Corpus and Application for Stay of Execution
USDC# TCA 81-0847
517 F. Supp. 597
05/26/81 Petition and application filed
07/02/81 USDC denied Petition and Stay Application
U.S. Court of Appeals, 11th Circuit – Petition forWrit of Habeas Corpus Appeal
USCA# 81-5734
707 F. 2d 1339
07/08/81 Petition filed
06/27/83 Petition denied
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 83-6583
467 U.S. 1268
03/19/84 Petition filed
05/14/84 USSC denied Petition
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 65,967
457 So. 2d 1372
10/05/84 Petition filed
10/10/84 FSC denied Petition
U.S. District Court, Northern District – Petition forWrit of Habeas Corpus
USDC# 84-2143-RV
10/12/84 Petition filed
06/05/86 USDC denied Petition
U.S. Court of Appeals, 11th Circuit – Petition forWrit of Habeas Corpus Appeal
USCA# 86-3539
823 F. 2d 402
08/08/86 Appeal filed
07/16/87 USCA affirmed denial of Petition
09/03/87 Rehearing denied
09/17/87 Mandate issued
Circuit Court – 3.850 Motion
CC# 75-486
01/29/87 Motion filed
02/05/87 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 70,184
518 So. 2d 901
03/06/87 Appeal filed
12/03/87 FSC affirmed denial of 3.850 Motion
02/10/88 Rehearing denied
04/19/88 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 70,597
518 So. 2d 901
05/26/87 Petition filed
12/03/87 FSC granted Petition and vacated sentence, remanded to the trial court for
resentencing
02/10/88 Rehearing denied
04/19/88 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 87-6137
487 U.S. 1241
12/02/87 Petition filed
06/30/88 USSC denied Petition
U.S. Supreme Court – Petition for Writ of Certiorari(Filed by state)
USSC# 87-1701
487 U.S. 1240
04/11/88 Petition filed
06/30/88 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 75-486
06/01/90 Motion filed
07/18/90 Circuit Court denied Motion
Florida Supreme Court – Direct Appeal (AfterResentencing) & 3.850 Appeal
FSC# 76,639
614 So. 2d 455
09/20/90 Appeal filed
10/22/92 FSC affirmed the denial of the 3.850 Motion but vacated the death
sentence andremanded the case to the trial court for resentencing
04/01/93 Rehearing denied
05/04/93 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 93-5858
510 U.S. 951
06/30/93 Petition filed
11/01/93 USSC denied Petition
Florida Supreme Court – Direct Appeal (After Resentencing)
FSC# 82,335
654 So. 2d 112
09/10/93 Appeal filed
02/23/95 FSC affirmed sentence
05/11/95 Rehearing denied
06/13/95 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 95-5549
516 U.S. 920
08/07/95 Petition filed
10/10/95 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 75-486
03/18/97 Motion filed
12/29/00 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# SC01-240
810 So. 2d 910
01/31/01 Appeal filed
02/14/02 FSC affirmed denial of 3.850 Motion
03/18/02 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# SC01-767
810 So. 2d 910
04/12/01 Petition filed
02/14/02 FSC denied Petition
03/18/02 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 01-10868
537 U.S. 990
05/10/02 Petition filed
10/21/02 USSC denied Petition
U.S. District Court,Northern District – Petition for Writ of Habeas Corpus
USDC# 03-108
05/15/03 Petition filed
12/03/03 Petition Supplemented
01/13/05 USDC dismissed Petition
U.S. Court of Appeals, 11th Circuit – Petition forWrit of Habeas Corpus Appeal
USCA# 05-10344
02/17/05 Appeal filed
10/07/05 Appeal denied
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 05-9578
127 S. Ct. 1369
02/27/06 Petition filed
02/26/07 USSC denied petition
Death Warrant Information:
05/05/81 Governor Graham signed a death warrant
05/29/81 Stay of execution granted by USDC
09/19/84 Governor Graham signed a death warrant
10/15/84 Stay of execution granted by USDC
Clemency Hearing:
09/12/80 Clemency hearing held (denied)
Factors Contributing to the Delay in Imposition ofSentence:
The delay in the execution of the sentence appears to be dueto Foster’s death sentence being vacated multiple times at multiple levels ofthe court system, and the resulting legal and judicial procedures necessary toentertain legal challenges and re-impose the death sentence upon Foster.
Case Information:
Foster filed a Direct Appeal with the Florida Supreme Courton 11/18/75, citing the following issues: the trial court erred instriking jurors because of objections to the death penalty, admittingprejudicial photographic evidence, no consideration of a mitigatingcircumstance, and the death penalty statute is unconstitutional. The FSCaffirmed the conviction and death sentence on 02/22/79.
Foster filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 08/06/79 that was denied on 10/01/79.
On 05/05/81, Governor Graham signed a death warrant and theexecution was scheduled for 06/03/81.
Foster filed a 3.850 Motion with the Circuit Court on05/13/81 that was denied on 05/15/81.
Foster filed a 3.850 Motion Appeal and Application for Stayof Execution with the Florida Supreme Court on 05/15/81, citing ineffectiveassistance of counsel and incompetency during the trial. On 05/28/81, the FSCaffirmed the denial of the 3.850 Motion and denied the Application for Stay ofExecution.
Foster filed a federal Petition for Writ of Habeas Corpusand Stay of Execution with the U.S. District Court on 05/26/81, citing manyissues, but all involve claims of ineffective assistance of counsel andcompetency during trial. The USDC denied the Petition and Stay ofExecution on 07/02/81.
Foster filed an appeal of the USDC’s denial of his HabeasPetition with the U.S. Court of Appeals on 07/08/81. He cited ineffectiveassistance of counsel, constitutionality of jury instructions regardingaggravating and mitigating circumstances, use of non-record material insentencing review by the FSC, and constitutionality of jury instructionsregarding non-statutory mitigating circumstances. On 06/27/83, the USCAaffirmed the denial of the Petition for Writ of Habeas Corpus.
Foster filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 03/19/84 that was denied on 05/14/84.
On 09/19/84, Governor Graham signed a death warrant and theexecution was scheduled for 10/16/84.
Foster filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 10/05/84, citing lack of meaningful appellate reviewof his sentence, no consideration of mitigating circumstances by the trialjudge, and lack of proportionality in sentencing. The FSC denied thisPetition on 10/10/84.
Foster filed a federal Petition for Writ of Habeas Corpuswith the U.S. District Court on 10/12/84, citing ineffective assistance ofcounsel. The USDC denied this Petition on 06/05/86.
Foster filed an appeal of the USDC decision to deny theHabeas Petition with the U.S. Court of Appeals on 08/08/86. The USCAaffirmed the USDC decision on 07/16/87.
Foster filed a 3.850 Motion with the Circuit Court on01/29/87 that was denied on 02/05/87.
Foster filed a 3.850 Motion Appeal on 03/06/87 and aPetition for Writ of Habeas Corpus on 05/26/87 with the Florida Supreme Court,citing error in that the trial court did not consider non-statutory mitigatingevidence. On 12/03/87, the FSC affirmed the denial of the 3.850 motion,but granted the Habeas petition. The FSC vacated the death sentence, and a newsentencing hearing was ordered in which all mitigating evidence could bepresented.
Two petitions for Writs of Certiorari were filed with theU.S. Supreme Court - one an appeal of the USCA decision filed on 12/02/87(filed by Foster) and the other of the FSC decision filed on 04/11/88 (filed bythe State). The USSC denied these Petitions on 06/30/88.
Foster filed a 3.850 Motion with the Circuit Court on06/01/90 that was denied on 07/18/90.
Foster was resentenced to death on 06/18/90. The juryrecommended the death penalty by a vote of 8-4.
After resentencing, Foster filed a Direct Appeal and 3.850Motion Appeal with the Florida Supreme Court on 09/20/90, citing numerousissues. The FSC vacated the death sentence, remanding to the CircuitCourt for a new sentencing order, but affirmed the denial of the 3.850 motion.
Foster was resentenced to death on 08/12/93. The juryrecommendation vote of 8-4 was the same vote used to resentence Foster on06/18/90.
Foster filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 06/30/93 that was denied on 11/01/93.
After resentencing, Foster filed a Direct Appeal with theFlorida Supreme Court on 09/10/93, raising three claims: the death penalty isnot proportionate in this case, the trial court erred in concluding that aconflict existed with mental health mitigating circumstances, and the trialcourt’s instruction regarding the cold, calculated, and premeditatedaggravating circumstance was flawed. The FSC affirmed the death sentenceon 02/23/95.
Foster filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 08/07/95 that was denied on 10/10/95.
Foster filed a 3.850 Motion with the Circuit Court on03/18/97 that was denied on 12/29/00.
Foster filed a 3.850 Motion Appeal on 01/31/01 with theFlorida Supreme Court, alleging the following errors: failure of the trialcourt to hold a hearing as to Foster’s claim of violation of right to impartialjury, failure of the trial court to hold a hearing as to Foster’s claim ofviolation of double jeopardy, failure of the trial court to hold a hearing asto Foster’s Brady claims, failure of the trial court to hold a hearing as toFoster’s claim that his time spent on death row constituted cruel and unusualpunishment, and the FSC engaged in a constitutionally flawed harmless erroranalysis in his Direct Appeal. On 02/14/02, the FSC affirmed the denialof the 3.850 Motion.
Foster filed a Petition for Writ of Habeas Corpus on04/12/01 with the Florida Supreme Court, alleging ineffective assistance oftrial and appellate counsel. On 02/14/02, the FSC denied the Petition.
Foster filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 05/10/02 that was denied on 10/21/02.
Foster filed a Petition for Writ of Habeas Corpus with theU.S. District Court, Northern District of Florida, on 05/15/03 that wasdismissed on 01/13/05.
Foster filed a Petition for Writ of Habeas Corpus Appealwith the U.S. Court of Appeals, 11th Circuit on 02/17/05 that was denied on10/07/05.
Foster filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 02/27/06 that was denied on 02/26/07.
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
03/12/79 0 DEST. OF ST. PROP. FLORIDA STATE PRISON
03/13/80 0 ESCAPE OR ATTEMPT FLORIDA STATE PRISON
12/07/80 0 POSS OF UNAUTH BEV. FLORIDA STATE PRISON
12/14/80 0 DISOBEYING ORDER FLORIDA STATE PRISON
04/19/82 0 DISRESP.TO OFFICIALS CENTRALOFFICE
03/01/83 0 MANUFACTURE OF DRUGS CENTRAL OFFICE
02/13/84 30 DISOBEYINGORDER FSP - WORKCAMP
08/10/84 30 DISRESP.TOOFFICIALS FSP - WORK CAMP
01/07/85 30 UNARMEDASSAULT 013
01/08/85 60 UNARMEDASSAULT 013
05/19/85 0 POSS OF UNAUTH BEV. FLORIDA STATE PRISON
09/11/86 30 FIGHTING FLORIDA STATE PRISON
02/14/87 30 MANUFACTURE OF DRUGS FLORIDA STATE PRISON
03/23/88 30 DISRESP.TOOFFICIALS FLORIDA STATE PRISON
________________________________________________________________________
Report Date: 06/20/01 JFL
Approved: 09/24/01 WS
Updated: 02/27/08 KLH