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
FloydFranklin R30302CCRC-M/Pro SeCase Summary

Last Action

DateCourtCase NumberLast Action
6/6/2006USDC06-01065Habeas Corpus
6/28/2006USDC06-01065Petition dismissed
7/27/2006USDC06-1402Habeas Petition
4/9/2008USDC06-1402Petition denied on remand
12/11/2006USCA06-16702Habeas appeal
5/10/2007USCA06-16702Appeal reversed and remanded to district court
9/11/2009FSC09-1208Reply Brief
11/25/2009FSC09-1208Petition dismissed
9/25/2006CC97-20160SC & Faretta Hearing
1/8/2007CC97-201603.851 Motion
1/30/2007CC97-20160Competency Hearing
3/12/2007CC97-20160Adudicated Incompetent
7/3/2007CC97-20160Amended Motion
7/5/2007CC97-20160Status Conference
8/17/2007CC97-20160Denied in part, Held in abeyance in part
2/8/2008CC97-20160Evidentiary Hearing
2/15/2008CC97-20160Competency Hearing
4/4/2008CC97-20160Competency Hearing
4/21/2008CC97-20160Evidentiary Hearing
5/2/2008CC97-20160Competency Hearing
1/20/2009CC97-20160Status Conference
6/23/2009CC97-20160Evidentiary Hearing scheduled
7/21/2009CC97-20160Adjudicated Incompetent
3/5/2010CC97-20160Competency Hearing

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 changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes. 


FLOYD, Franklin Delano (W/M)

AKA Warren Judson Marshall, Clarence Hughes

DC#    R30302

DOB: 06/17/43


Sixth Judicial Circuit, Pinellas County Case # 97-20160

Sentencing Judge: The Honorable Nancy MoateLey

Attorney, Trial: Pro Se / Michael Schwartzberg & RichardWatts – Private

Attorney, Direct Appeal: Douglas Connor – Assistant PublicDefender

Attorney, Collateral Appeals:  Maria Chamberlin &David Gemmer – CCRC-M & Pro Se (Fed)


Date of Offense:        03/13/89 – 06/16/89   

Date of Sentence:      11/22/02                     


Circumstances of Offense:


In the spring of 1989, Franklin Floyd was living under analias with his daughter Sharon and her son.  Sharon and Cheryl Commesso worked as exotic dancers at a club.  Shortlyafter St. Patrick’s Day of 1989, Floyd and Commessowere engaged in a heated argument outside the club, when a coworker of Commesso intervened.  Floyd claimed that Commesso was responsible for Sharon’s loss of Medicaidcoverage for her son (Floyd’s grandson).  The coworker also knew thatFloyd had recently struck Commesso and caused abruise on her face. 


Commesso was last seen aliveduring the first week of April 1989.  She left her house with a packed bagand told her relatives that she would see them the following week.  Hercar was located at the St. Petersburg/Clearwater airport, where it had beenparked since April 7, 1989. 


In May of 1989, Floyd told a neighbor that he was going onvacation and asked the neighbor to mow the lawn and collect his mail.  OnJune 15, 1989, Floyd and Sharon, using assumed names, married in NewOrleans.  On June 16, 1989, Floyd’s trailer burned down, and Floyd latercalled the neighbor and asked that his mail be burned. 


In March of 1995, landscape workers found the skeletalremains of Commesso in an area off Interstate 275 inPinellas County, Florida.  Roots growing in the skeleton indicated herremains had been there for six or seven years. 


In March of 1995, the owner of a Kansas auto repair businessfound a large envelope stuck between the truck bed and the top of the gas tankof a truck he had recently purchased at an auction.  In the envelope, hefound 97 small and irregularly cropped photos, including many

pictures of a woman, beaten andbound, later identified as Commesso.  The truckwas traced back to Floyd, who had stolen it in Oklahoma in September 1994, buthad abandoned it in Texas the following month. 


The medical examiner determined that injuries to the cheekof Commesso’s skull were consistent with injuriessustained by Commesso in the pictures recovered fromthe truck.  Also, similarities in clothing and jewelry were found betweenthe pictures of Commesso and items found with herremains.  One of the pictures of Commessocontained an image of someone else’s thumb, which was found by an FBI analystto contain multiple similarities to Floyd’s thumb.  Many of the picturescontained images of furniture, a boat, and areas of a trailer, all of whichbelonged to Floyd. 


Additional Information:


After serving a federal prison sentence for a 1963 bankrobbery conviction, Floyd absconded from federal parole in 1973.  He was afugitive at the time of the Commesso murder. 


Floyd also has a 1995 federal conviction for carjacking andkidnapping, as well as a 1997 Oklahoma conviction for burglary with intent toassault and assault with a dangerous weapon.


A competency hearing was held in the Circuit Court on01/30/07, and on 03/12/07, Floyd was declared incompetent to proceed. 


Trial Summary:


11/12/97         Indicted on one count of First-DegreeMurder         

09/27/02         Jury returned a guilty verdict on the sole count of the indictment

10/01/02         Jury recommended death by a vote of 12-0

11/22/02         Sentenced to Death


Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC # 03-35

913 So. 2d 564


01/09/03         Direct Appeal filed

10/12/05         FSC affirmed conviction and sentence

11/10/05         Mandate issued


Circuit Court – 3.851 Motion

CC# 97-20160



01/08/07         Motion filed

03/12/07         Declared Floyd incompetent to proceed. 

07/03/07         Amended motion filed

08/17/07         Motion denied in part and holding in abeyance in part

07/21/09         Declared Floyd incompetent to proceed


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

USDC# 06-01065


06/06/06         Petition filed

06/28/06         USDC dismissed petition


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

USDC# 06-1402



07/27/06         Petition filed

11/30/06         Petition dismissed

12/11/06         Certificate of Appealability filed

01/18/07         Certificate of Appealability denied

04/09/08         Petition denied on remand

07/14/10         Petition amended

07/14/10         Motion to stay proceedings

08/02/10         Order granting motion to stay proceedings until resolution of statepost-conviction proceedings


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

USCA# 06-16702


12/11/06         Appeal filed

05/10/07         Mandate issued: denial of appeal is reversed and remanded to District Court


Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 08-1148


06/03/08         Petition filed

12/17/08         Petition dismissed


Factors Contributing to the Delay in the Imposition ofthe Sentence


The 3.851 Motion filed in 2007 has been pending due tocompetency proceedings.


Case Information:


On 01/09/03, Floyd filed a Direct Appeal with the FloridaSupreme Court, raising the following issues: sufficiency of evidence, admissionof collateral crime evidence, admission of photographic evidence, admission ofexpert testimony, improper State closing argument, applicability of Ring v.Arizona, and applicability of the Eighth Amendment.  On 10/12/05, the FSCaffirmed the conviction and sentence.


On 01/08/07, Floyd filed a 3.851 Motion with the CircuitCourt.  A competency hearing was held on 01/30/07, and on 03/12/07, theCircuit Court declared Floyd incompetent to proceed.  On 07/03/07, Floyd filedan amended motion.  On 08/17/07, this motion was denied in part, and heldin abeyance in part. On 07/27/09, Floyd was declared incompetent to proceed.This motion is currently pending.


On 06/06/06, Floyd filed a Petition for Writ of HabeasCorpus with the U.S. District Court, Middle District, which was dismissed on06/28/06. 


On 07/27/06, Floyd filed a Petition for Writ of HabeasCorpus with the U.S. District Court, Middle District, which was dismissed on11/30/06.  The Certificate of Appealability was denied on 01/18/07. On07/14/10, the petition was amended and a motion to stay proceedings was filed.On 08/02/10, the USDC granted the motion to stay proceedings pending theresolution of state proceedings. This appeal is currently pending.


On 12/11/06, Floyd filed a Petition for Writ of HabeasCorpus Appeal with the U.S. Circuit Court of Appeals, 11th Circuit, whichreversed the lower court’s denial and remanded the case back to the U.S.District Court on 05/10/07.  The petition was denied by U.S. DistrictCourt on 04/09/08.


Floyd filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 06/03/08 that was dismissed on 12/17/08.


Institutional Adjustment:





DATE                   DAYS                    VIOLATION                                      LOCATION      

02/24/03              4                            LYING TOSTAFF             FLORIDA STATE PRISON

05/09/03              0                           DISRESP.TO OFFICIALS                UNIONC.I.         

05/09/03              4                            DISRESP.TO OFFICIALS               UNION C.I.         

05/30/03              0                            DISRESP.TO OFFICIALS               UNION C.I.         

06/20/03              0                            DISRESP.TOOFFICIALS                UNION C.I.         

06/20/03              0                            DISORDERLYCONDUCT            UNIONC.I.         

06/28/03              0                            UNARMED ASSAULT                     UNIONC.I.         

06/28/03              0                            UNARMEDASSAULT                     UNIONC.I.         

07/05/03              0                            SPOKEN THREATS                         UNION C.I.         

07/06/03              0                            DEST. OF ST. PROP.                         UNION C.I.         

11/24/03              12                         DISORDERLY CONDUCT           UNION C.I.         

04/19/04              0                            DISRESP.TO OFFICIALS                UNION C.I.         

07/19/04              40                         DISOBEYING ORDER                     UNIONC.I.         

10/28/04              16                         DISRESP.TOOFFICIALS                UNION C.I.         

05/17/05              30                         BARTERING WITH OTHER         UNION C.I.

04/11/06              90                         UNARMED ASSAULT                     UNION C.I.



Report Date:  01/11/06          JFL

Updated:        08/11/10          KKR