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.
TURNER, William (B/M)
DC # 099865
DOB: 07/02/45
Fourth Judicial Circuit, Duval County, Case #84-6504
Sentencing Judge: The Honorable John D. Southwood
Attorney, Criminal Trial: Henry Coxe, III
Attorney, Direct Appeal: Clyde M. Collins, Jr.
Attorney, Collateral Appeals: James Lohman – Registry
Date of Offense: 07/03/84
Date of Sentence: 11/01/85
Circumstances of Offense:
William Turner was convicted and sentenced to death for themurder of his wife, Shirley Turner, and her roommate, Joyce Brown.
In the early morning hours of 07/03/84, William Turner brokeinto the home of his estranged wife, Shirley Turner, and stabbed her twenty-twotimes in front of their daughter Anetra. Joyce Brown, Shirley’s roommate,fled the scene in search of help. William Turner tracked her down andcornered Joyce in a telephone booth where she was attempting to call 911. Despite her pleas, Turner stabbed her fifty-one times, repeatedly shouting,“You’re the one!”
William Turner reportedly believed that his wife and JoyceBrown were involved in a lesbian relationship, and he blamed Joyce for stealinghis wife and family. Turner also reportedly believed that his wife was aprostitute.
Trial Summary:
07/03/84 Defendant arrested.
07/18/84 Defendant indicted on the following:
CountI: First-Degree-Murder (Shirley Turner)
CountII: First-Degree-Murder (JoyceBrown)
08/17/84 The defendant entered a plea of “not guilty”.
08/16/85 The trial jury found the defendant guilty of Counts I & II, as charged inthe indictment.
08/23/85 Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the deathpenalty for the murder of Joyce Brown. The jury recommended life imprisonmentfor the murder of Shirley Turner.
11/01/85 The defendant was sentenced as followed:
CountI: First-DegreeMurder (Shirley Turner) – Life
Count II: First-Degree Murder (Joyce Brown) – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #67,987
530 So. 2d 45
12/05/85 Appeal filed.
05/14/87 FSC relinquished jurisdiction to the trial court for an evidentiary hearing
on the issue of Turner’s absenceduring key parts of the trial.
07/07/88 FSC affirmed the convictions and sentence of death.
09/22/88 Rehearing denied.
10/25/88 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #88-6101
489 U.S. 1040
11/22/88 Petition filed.
02/21/89 Petition denied.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC #75,848
614 So. 2d 1075
04/16/90 Limited petition filed.
10/15/90 Amended petition filed.
12/24/92 Petition denied.
03/25/93 Mandate issued.
State Circuit Court – 3.850 Motion
CC #84-6504
10/15/90 Motion filed.
11/06/90 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #77,062
614 So. 2d 1075
12/11/90 Appeal filed.
12/24/92 FSC affirmed the denial of Turner’s 3.850 Motion.
03/25/93 Rehearing denied.
03/25/93 Mandate issued.
U.S. District Court, Middle District – Petition forWrit of Habeas Corpus
USDC #93-1057
07/19/93 Petition filed.
06/26/02 Petition denied.
U.S. Court of Appeals, 11th Circuit – Petition forWrit of Habeas Corpus Appeal
USCA #02-14941
339 F.3d 1247
09/09/02 Appeal filed.
07/29/03 USCA affirmed denial of petition.
Circuit Court – 3.851 Motion
CC #84-6504
12/20/02 Motion filed.
05/02/03 CC dismissed motion without prejudice.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 03-9251
541 U.S. 1034
03/05/04 Petition filed.
05/03/04 USSC denied petition.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 03-1857
880 So.2d 1213
10/24/03 Petition filed.
05/04/04 Petition denied.
07/23/04 Rehearing denied.
State Circuit Court – 3.203 Motion
CC #84-6504
11/30/04 Motion filed.
08/21/06 Motion amended.
06/26/08 Circuit Court 3.203 proceedings stayed pending FSC review
09/14/09 Motion denied
Florida Supreme Court – Petition for Review ofNon-final Order (3.203 Motion)
FSC# 08-1197
4 So.3d 677
06/25/08 Petition filed and Motion to Stay Circuit Court 3.203 proceedings filed
06/26/08 Circuit Court 3.203 proceedings stayed pending FSC review
02/09/09 Disposition reversed and remanded to the State Circuit Court
Florida Supreme Court – 3.203 Appeal
FSC# 09-1957
46 So.3d 568
10/19/09 Appeal filed
09/28/10 FSC affirmed the disposition of thelower court
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 10-847
12/27/10 Petition filed
02/28/11 Petition denied
State Circuit Court – 3.851 Motion
CC# 84-6504
11/30/10 Motion filed
04/11/11 Motion denied
Warrants:
03/29/90 Death warrant signed by Governor Bob Martinez.
05/30/90 Execution scheduled.
04/26/90 Stay granted by the Florida Supreme Court to allow for time to file motions forpostconviction relief.
Clemency:
04/12/89 Clemency hearing held (denied).
Factors Contributing to the Delay in the Imposition ofthe Sentence:
The biggest source of delay in Turner’s case was hisPetition for Writ of Habeas Corpus filed in the United States District Court,Middle District, which was pending for nearly nine years.
Case Information:
On 12/05/85, William Turner filed a Direct Appeal in theFlorida Supreme Court appealing his convictions and sentence of death. Inthat appeal, he argued that he was involuntarily absent during crucial portionsof his trial proceedings (voir dire & jury charge) or waived his presenceduring the proceedings. The Florida Supreme Court relinquishedjurisdiction over the case and remanded to the trial court to determine whetherthere was validity to Turner’s claims. The trial court found that Turnerenjoyed “meaningful participation” in the jury challenge process and that hewas not deprived of due process. The Florida Supreme Court found,however, that Turner did not voluntarily waive his right to be present in thejury room during the challenge because he did not have intelligent knowledge ofsuch a right. Nonetheless, the court determined the error to beharmless. In regard to Turner’s claim that he was also involuntarilyabsent during the jury charge, the court found that the record showed thatTurner knowingly acquiesced to his counsel’s waiver of his right to bepresent. In his Direct Appeal, Turner additionally argued that the trialcourt erred in allowing an audiotape of Joyce Brown’s 911-telephone call to beadmitted as evidence. Turner also claimed that the trial court erred inits application of aggravating circumstances. The Florida Supreme Courtaffirmed Turner’s convictions and sentence on 07/07/88.
Turner then filed a Petition for Writ of Certiorari in theUnited States Supreme Court, which was denied on 02/21/89.
On 03/29/90, Governor Bob Martinez signed a death warrantfor Turner. He then filed a Stay of Execution and a limited Petition forWrit of Habeas Corpus. The Florida Supreme Court granted the stay, afterwhich Turner filed an amended Petition for Writ of Habeas Corpus. In thatpetition, Turner argued the consideration of the contemporaneous murder of hiswife as a “prior violent felony” aggravating circumstance. He alsoclaimed ineffective assistance of counsel. The Habeas Petition was deniedon 12/24/92.
Turner next filed a 3.850 Motion in the State Circuit Court,which was subsequently denied without an evidentiary hearing. Turner thenfiled an appeal of that decision in the Florida Supreme Court. The highcourt affirmed the denial of Turner’s 3.850 Motion on 12/24/92.
On 07/19/93, Turner filed a Federal Petition for Writ ofHabeas Corpus in the United States District Court, Middle District, which wasdenied on 06/26/02.
On 09/09/02, Turner filed a Petition for Writ of HabeasCorpus Appeal in the United States Court of Appeal, 11th Circuit. On07/29/03, the USCA affirmed the denial of the petition.
On 12/20/02, Turner filed a 3.851 Motion in the CircuitCourt that was dismissed without prejudice on 05/02/03.
Turner filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 03/05/04 that was denied on 05/03/04.
Turner filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 10/24/03. The petition was denied on 05/04/04.
On 11/30/04, Turner filed a 3.203 Motion in the StateCircuit Court that was amended on 08/21/06. As of 06/26/08, the motion isstayed pending resolution of Florida Supreme Court review. On 02/09/09,the Florida Supreme Court reversed the State Circuit Court’s disposition andremanded for a new hearing. A new hearing was held, and the motion was deniedon 09/14/09.
On 06/25/08, Turned filed, in the Florida Supreme Court, aPetition for Review of Non-final Order of the 3.203 Motion pending in theCircuit Court and a Motion to stay the proceedings in the Circuit Court. On 06/26/08, the Florida Supreme Court ordered a stay of proceedings for thepending 3.203 Motion in the Circuit Court. On 02/09/09, the FloridaSupreme Court reversed the lower court’s disposition and remanded for a newhearing in the 3.203 Motion. No mandate will be issued.
Turner filed a 3.203 Appeal in the Florida Supreme Court on10/19/09. The FSC affirmed the denial of the motion on 09/28/10.
On 12/27/10, Turner filed a Petition for Writ of Certiorariin the United States Supreme Court. This petition was denied on 02/28/11.
On 11/30/10, Turner filed a 3.851 Motion in the StateCircuit Court. This motion was denied on 04/11/11.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
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06/20/00 180 UNARMED ASSAULT UNION C.I.
________________________________________________________________________
Written: 04/12/02 EW
Approved: 04/15/02 ES
Updated: 05/16/11 EMJ