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.


Last NameFirst NamePictureDC NumberAgencyCase Summary
MillerLionel 0251719th Circuit PDCase Summary

Last Action

DateCourtCase NumberLast Action
2/1/2008CC06-5222Sentenced to Death
2/26/2008FSC08-287Notice of Appeal filed
3/12/2009FSC08-287Initial brief filed
6/1/2009FSC08-287Answer brief filed
7/29/2009FSC08-287Reply brief filed
11/2/2009FSC08-287Oral Arguments held
6/3/2010FSC08-287FSC affirmed convictions and sentences
6/18/2010FSC08-287Motion for Rehearing filed
8/9/2010FSC08-287Motion denied
8/25/2010FSC08-287Mandate issued
10/28/2010USSC10-7319Petition for Writ of Certiorari filed
11/23/2010USSC10-7319Response filed
1/10/2011USSC10-7319Petition denied

Current Attorney


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 change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor statistical or legal purposes. 


MILLER, Lionel (W/M)

DC# 025171

DOB: 03/25/48


9th Judicial Circuit, Orange County Case # 06-CF-5222

Sentencing Judge: The Honorable Rand Wallis

Attorney, Trial: Larry B. Henderson – Public Defender’sOffice

Attorney, Direct Appeal: Christopher S. Quarles – PublicDefender’s Office

Attorney, Collateral Appeals:  Christopher S. Quarles –Public Defender’s Office


Date of Offense: 04/16/06

Date of Sentence: 02/01/08



Circumstances of Offense:


On 04/14/06, Lionel Michael Miller was expecting hisemployment check in the mail. He asked his roommate to help him intercept thecheck from the mailman, because it had been mailed to his prior address. Whiledriving through Delaney Park in Orlando, he noticed Jerry Smith standing in herfront yard. Miller stopped to ask her if the mailman had already delivered themail. They talked for approximately 30 minutes. Miller noticed in theirconversation that Smith had memory lapses, because she would repeat the samestory. The medical examiner confirmed that she had Alzheimer’s dementia. Milleralso noticed Smith’s jewelry, and later noted to his roommate that she would beeasy to steal from, because of her lapses in memory. He asked his roommateseveral times to help him rob Smith, but the roommate refused.


On 04/16/10, the evening of Easter Sunday, Miller walked toSmith’s house carrying a filet knife. Prior to his arrival, he had smoked crackcocaine. Smith was sitting on her porch when Miller arrived. They went insideher house where Smith offered him a glass of water. His prints were lateridentified on the glass. Smith took off a jacket that she had been wearing andplaced it on a chair in the front room. While talking with Miller in the livingroom, she became concerned and opened the blinds on her front window. Millerthrew her on the couch and attempted to steal her jewelry. Smith screamed andresisted, but Miller covered her mouth with his hand. At this time, a neighbor,Larry Haydon, was passing by Smith’s house while walking his dog. He saw a manfighting with Smith, and heard her tell Miller to leave her alone. Haydon movedcloser to the house, but Miller shouted that there was not a problem. Haydonignored Miller, opened the front door, and entered the house. Miller thenstabbed Haydon below the rib cage. While this was happening, Smith was able toescape to the backyard but Miller followed her. Smith began to scream, andMiller ordered her to be quiet so the neighbors outside would not hear her. Shecontinued to scream, and he stabbed her three times. Smith fell, but got up andran to her front yard.


Meanwhile, Miller went back into Smith’s house where he usedSmith’s jacket on the chair as a bandage. He escaped Smith’s house through theback door and disposed of the knife in the bushes of a house nearby. The knifewas found later with Miller’s DNA on it. Miller was seen in Delany Park, whichwas one block from Smith’s home, after he escaped.


A neighbor watched Haydon run to the house beside Smith’s.Smith screamed to the neighbor for help because she had been robbed. BothHaydon and Smith waited at another neighbor’s house for the emergency servicesto arrive. Haydon survived being stabbed, but Smith died in surgery.


That evening, Miller showed up at an acquaintance’s house,which was not far from Smith’s home. The acquaintance was asleep. So, Millerwaited on the back patio. He used the arm of Smith’s jacket to create a bandagefor his wound. At 8:30 p.m., the acquaintance discovered Miller and allowed himto call his roommate for a ride home. The acquaintance gave him gas money andbandages. Miller got rid of the jacket in the bushes by the house, but it wasfound later as further evidence against Miller.


Miller informed his roommate about the stabbing while theroommate drove him home. He feared that Haydon and Smith had died. Theacquaintance read a description of Miller in the newspaper on 04/18/06 andcalled a crime hotline to inform them that Miller was a potential suspect.Miller was arrested the next day and taken to the Orlando Police Station wherehe confessed to stabbing Smith and Haydon.




Trial Summary:


05/16/06          Indictedas follows:

                                    CountI:           First-degree murder

                                    CountII:         Burglary

                                    CountIII:        Attempted first-degree murder

                                    CountIV:        Attempted robbery with a deadly weapon

11/20/07          Juryreturned guilty verdicts on all counts of the indictment

11/27/07          Juryrecommended death by a vote of 11-1

02/01/08          Sentencedas follows:

                                    CountI:           First-degree murder – Death

                                    CountII:         Burglary – Life

Count III:        Attempted first-degree murder – 30years (with 1 year and 289 days time served)

Count IV:        Attempted robbery with a deadlyweapon – 30 years (with 1 year and 289 days time served)

02/07/08          Sentenceamended:

Count IV:        Attempted robbery with a deadlyweapon – 15 years (with 1 year and 289 days time served)



Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 08-287

42So.3d 204


02/26/08          Appealfiled

11/02/09          OralArguments held

06/03/10          FSCaffirmed convictions and sentences

06/18/10          Motionfor Rehearing filed

08/09/10          Motiondenied

08/25/10          Mandateissued


United States Supreme Court – Petition for Writ ofCertiorari

USSC 10-7319


10/28/10          Petition filed

01/10/11          Petition denied




Case Information:


On 02/26/08, Miller filed a Direct Appeal in the FloridaSupreme Court citing the following issues: (1) Double jeopardy; (2) Cold,calculated premeditation aggravator; (3) Death penalty is disproportionate; (4)Ring v. Arizona; and (5) Sufficiency of evidence. The Florida SupremeCourt affirmed Miller’s convictions and sentences on 06/03/10. A motion forrehearing was filed on 06/18/10 and was denied on 08/09/10. A mandate wasissued on 08/25/10.


Miller filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 11/28/10. This petition was denied on 01/10/11.





Report Date:   07/12/10          EMJ

Approved:       07/12/10          RM

Updated:         01/13/11          EMJ