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.

COLE, Loran (W/M)

DC #    335421

DOB:   11/11/66

Fifth Judicial Circuit, Marion County, Case #94-00498

Sentencing Judge: The Honorable William T. Swigert

Trial Attorneys: T. Jenkins & D. Gleason – SpecialAppointed Public Defenders

Attorney, Direct Appeal: Christopher S. Quarles – AssistantPublic Defender

Attorney, Collateral Appeals: James Viggiano– CCRC-M 

Date of Offense:          02/18/94 

Date of Sentence:        12/20/95         

Circumstances of Offense:

Loran Cole was convicted and sentenced to death for themurder of John Edwards on 02/18/94.

On Friday, 02/18/94, John Edwards met his sister Pam for aweekend camping trip in the Ocala National Forest.  While they weresetting up camp in the Hopkins Prairie, Loran Cole stopped by, introducedhimself as “Kevin” and helped them get settled.  Later that evening, Colereturned to the Edwards’ campsite with William Paul, who he introduced as hisbrother, even though the two men were not related.  After sitting aroundthe campfire, the four decided to go for a walk. 

While walking, Cole attacked Pam, throwing her to theground, hitting her on the head and putting her in handcuffs.  At the sametime, John began to struggle with Paul.  John took possession of a walkingstick that Paul was carrying, and proceeded to beat him with it.  With Pamin handcuffs, Cole helped Paul restrain John and laid him next to his sister onthe ground.  While Cole and Paul were robbing the siblings, all John coulddo was apologize to his sister for having put her insuch a dangerous situation.

Paul moved Pam up the trail, and Cole stayed behind withJohn, beating him for hurting his “brother” with the walking stick in theearlier altercation.  Soon Cole joined Paul and Pam, and told them theywere going to wait until John passed out.  Cole then went back to whereJohn lay injured and slit his throat, telling Pam that he was only moving Johnoff the trail and tying him up.  John died from a slashed throat andnumerous skull fractures.

Cole and Paul took Pam back to the campsite where Cole rapedher.  The next day, Cole claimed he was going to check on John and toldPam that he was all right.  Cole then raped Pam again, gagged her, andtied her between two trees.  Pam was able to free herself from the ropeson early Sunday morning.  Fearing for her brother’s safety, she stayed putfor a while; however, Pam eventually flagged down a motorist who took her tocall police.  Cole and Paul were identified from the detailed descriptionPam gave to police and arrested on 02/21/94.

Prior Incarceration History in the State of Florida:

Codefendant Information: 

William Paul pled nolo contendere to charges of First-Degree Murder, two counts ofArmed Kidnapping and two counts of Armed Robbery.  He was sentenced tolife on all charges on 06/30/95.

Trial Summary:

02/21/94         Defendant arrested.

03/04/94         Defendant entered a plea of not guilty.

03/10/94         Defendant indicted on:

                                   Count I:           First-Degree Murder

                                   Count II:           ArmedKidnapping

                                   Count III:         Armed Kidnapping

                                   Count IV:         Armed Robbery

                                   Count V:          Armed Robbery

                                   Count VI:         Armed Sexual Battery

                                   Count VII:        Armed Sexual Battery

09/28/95         The defendant was found guilty on all counts in the indictment.

09/29/95         Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the

deathpenalty.

12/20/95         The defendant was sentenced as followed:

                                   Count I:           First-Degree Murder - Death

                                   Count II:           Kidnapping -25 years

                                   Count III:         Kidnapping - 25 years

Count IV:        Armed Robbery - 25 years

Count V:         Armed Robbery - 25 years

Count VI:        Sexual Battery - 25 years

Count VII:       Sexual Battery - 25 years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #87,337

701 So. 2d 845

02/06/96         Appeal filed.

09/18/97         FSC affirmed the convictions and sentence of death, but remanded to the

trialcourt for re-sentencing on all of Cole’s other felony convictions.

10/29/97         Rehearing denied.

12/01/97         Mandate issued.

United States Supreme Court – Petition for Writ ofCertiorari

USSC #97-7697

523 U.S. 1051

01/30/98         Petition filed.

03/30/98         Petition denied.

State Circuit Court – 3.850 Motion

CC #94-00498

06/05/98         Motion filed.

05/24/00         Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC #SC00-1388

841 So. 2d 409

06/28/00         Appeal filed.

01/16/03         FSC affirmed the denial of the motion.

03/18/03         Rehearing denied.

04/17/03         Mandate issued.

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC #SC01-192

841 So. 2d 409

01/29/01         Petition filed.

01/16/03         FSC denied petition.

03/18/03         Rehearing denied.

04/17/03         Mandate issued.

State Circuit Court – 3.850 Motion

CC #94-498

09/30/03         Motion filed.

11/03/03         Motion denied.

Florida Supreme Court – 3.853 DNA Appeal

FSC #SC03-2204

895 So. 2d 398

12/08/03         Appeal filed.

11/24/04         FSC affirmed denial of motion.

02/24/05         Rehearing denied.

03/14/05         Mandate issued.

State Circuit Court – 3.850 Motion

CC #94-498

01/23/04         Motion filed.

01/26/04         Motion stricken.

U.S. District Court, Middle District – Petition forWrit of Habeas Corpus

USDC# 05-222

05/06/05         Petition filed.

05/03/06         USDC denied petition.

U.S. Court of Appeals, 11th Circuit – Petition forWrit of Habeas Corpus Appeal

USCA# 06-13090

 05/25/06         Appeal filed.

08/02/07         Appeal denied.

United States Supreme Court – Petition for Writ ofCertiorari

USSC #07-7353

128 U.S. 910

10/25/07          Petitionfiled.

01/07/08          Petitiondenied.

State Circuit Court – 3.851 Motion

CC #94-498

(Pending)

09/08/10          Motionfiled.

03/10/11          Motiondenied.

Case Information:

Cole filed a Direct Appeal in the Florida Supreme Court on02/06/96.  In that appeal, he argued that the trial court erred inallowing a segment of Pam Edwards’ testimony to be read back to the jury duringpenalty phase deliberations.  Cole also contended that the court erred inits application of aggravating and mitigating circumstances and in denying hismotion for a mistrial when his prior criminal history was mentioned during testimony. Additionally, Cole argued the denial of his motion to suppress the presentationof evidence seized during his warrantless arrest.  The Florida SupremeCourt affirmed the convictions and sentence of death; however, they remandedthe other felony convictions for re-sentencing according to sentencingguidelines on 09/18/97.

Next, Cole filed a Petition for Writ of Certiorari in theUnited States Supreme Court, which was denied on 03/30/98.

Cole then filed a Motion to Vacate Judgment and Sentence(3.850) in the State Circuit Court on 06/05/98.  That motion was denied on05/24/00, after which he filed an appeal in the Florida Supreme Court on06/28/00.  Cole also filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 01/29/01.  On 01/16/03, in anconsolidated opinion, the Florida Supreme Court affirmed the denial of Cole’s3.850 Motion and denied his Petition for Writ of Habeas Corpus.

Cole filed a 3.850 Motion in the State Circuit on 09/30/03,which was denied on 11/03/03.  He then filed an appeal of that decision inthe Florida Supreme Court on 12/08/03, which specifically addressed DNA issues(3.853 Motion Appeal).  On 11/24/04, the FSC affirmed the denial of the3.853 Motion. 

On 01/23/04, Cole filed another 3.850 Motion in the StateCircuit Court, which was stricken on 01/26/04.

On 05/06/05, Cole filed a Petition for Writ of Habeas Corpuswith the U.S. District Court, Middle District that was denied on05/03/06. 

On 05/25/06, Cole filed a Petition for Writ of Habeas CorpusAppeal with the U.S. Court of Appeals, 11th Circuit.  This appeal wasdenied on 08/02/07.

Loran filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 10/25/07 that was denied on 01/07/08. 

On 09/08/10, Loran filed a 3.851 Motion in the State CircuitCourt.  That motion was denied on03/10/11.

Institutional Adjustment: 

DATE            DAYS             VIOLATION                                     LOCATION      

04/09/96         60                   POSS OFWEAPONS                       FSP

09/28/03         0                    FAILURE TO COMPLY                   UNION C. I.        

________________________________________________________________________

01/16/02 – ew

01/22/02 – approved – ws

03/16/11 – updated – jjk