The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.

 

HILL, Clarence (B/M)

DC #    089718

DOB:   12/02/57

  

First Judicial Circuit, Escambia County Case # 82-4973

Sentencing Judge: The Honorable Edward Barfield

Trial Attorney: Terry Terrell – Assistant Public Defender

Attorney, Direct Appeal: Steven Bolotin – Assistant Public Defender

Attorney, Collateral Appeals: D. Todd Doss – Registry

                                        

Date of Offense:           10/19/82

Date of Sentence:         05/27/83

Date of Resentence:      04/02/86

 

 

Circumstances of the Offense:

 

On October 22, 1982, Clarence Hill and Cliff Jackson left Mobile, Alabama, with a stolen gun in a stolen vehicle.  Hill and Jackson drove to Pensacola, Florida, and robbed a savings and loan association using their stolen gun.  The police were notified and arrived during the commission of the felony.  Hill ran out of the back door and Jackson fled from the front.  Officers Taylor and Bailey apprehended Jackson and, as they were attempting to handcuff Jackson, Hill approached them from behind.  Hill shot the law enforcement officers, killing Taylor and wounding Bailey.  A shoot-out followed between Hill and Bailey. Hill was shot five times and fled the scene, but was apprehended a short time later.

 

 

Codefendant Information:

 

Cliff Jackson was sentenced to life imprisonment for his involvement in the crimes.

 

 


Trial Summary

 

11/02/82          Defendant indicted with the following:

Count I:            First-Degree Murder

Count II:           Attempted First-Degree Murder

Count III:         Robbery with a Firearm 

                                    Count IV:         Robbery with a Firearm 

                                    Count V:          Robbery with a Firearm 

                                    Count VI:         Possession of Firearm during Commission of a

Felony 

04/29/83          Defendant was found guilty on all counts by the trial jury

04/29/83          The jury recommended Death by a vote of ten to two

05/27/83          Defendant was sentenced as follows:

                                    Count I:            First-Degree Murder – Death                              

                                    Count II:           Attempted First Degree Murder – Life Sentence

                                    Count III:         Robbery with a Firearm – Life Sentence

                                    Count IV:         Robbery with a Firearm – Life Sentence

                                    Count V:          Robbery with a Firearm – Life Sentence

                                    Count VI:         Possession of Firearm During Commission of a

Felony – Life Sentence

10/10/85          Florida Supreme Court vacated sentence of Death and remanded the case to the trial court for a new sentencing trial

 

03/27/86          The jury recommended Death by a vote of 11 to 1

04/02/86          Defendant was sentenced as follows:

                                    Count I:            First-Degree Murder – Death

 

*Note: sentences to run consecutively

 

 

Appeal Summary:

 

Florida State Supreme Court – Direct Appeal

FSC #63,902

477 So. 2d 553

 

07/05/83          Appeal filed.

10/10/85          FSC affirmed the conviction of First-Degree Murder, but remanded to trial court for resentencing.

11/19/85          Rehearing denied.

12/31/85          Mandate issued.

 

 

 

 

 

Florida Supreme Court – Direct Appeal

FSC #68,706

515 So. 2d 176

 

05/07/86          Appeal filed.

09/17/87          FSC affirmed the conviction of First-Degree Murder and the sentence of Death.

12/08/87          Rehearing denied.

01/19/88          Mandate issued.

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #87-6367

485 U.S. 993

 

02/05/88          Petition filed.

04/04/88          Petition denied.

 

State Circuit Court – 3.850 Motion

CC #82-4973

 

12/11/89          Motion filed.

01/18/90          Motion denied.

01/22/90          Rehearing denied.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #75,149

556 So. 2d 1385

 

12/12/89          Petition filed.

01/26/90          Petition denied.

01/26/90          Rehearing denied.

 

Florida Supreme Court – 3.850 Appeal

FSC #75,332

556 So. 2d 1385

 

01/22/90          Appeal filed.

01/26/90          Appeal denied.

01/26/90          Rehearing denied.

 

U.S. District Court (Northern District) – Petition for Writ of Habeas Corpus

USDC #90-40023

 

01/27/90          Petition filed.

08/31/92          Petition partially granted.

 


U.S. Court of Appeals (11th Circuit) – Habeas Corpus Appeal

USCA #93-2616

 

05/14/93          Appeal filed (Appeal Withdrawn).

 

Florida Supreme Court – Direct Appeal (reopened)

FSC #68,706

643 So. 2d 1071

 

01/18/94          Appeal reopened.

10/13/94          FSC affirmed the conviction of First-Degree Murder and the sentence of Death.

03/21/95          Rehearing denied.

04/20/95          Mandate issued.

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #95-5024

516 U.S. 872

 

06/19/95          Petition filed.

10/02/95          Petition denied.

 

U.S. District Court (Northern District) – Petition for Habeas Corpus (amended)

USDC #90-40023

 

02/26/96          Appeal filed.

11/26/96          Petition denied.

01/05/97          Rehearing denied.

 

U.S. Court of Appeals (11th Circuit) – Habeas Corpus Appeal

USCA #93-2616, 97-2140

175 F. 3d 915

 

02/20/97          Appeal filed.

05/14/99          Denial affirmed.

07/28/99          Rehearing denied.

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #99-6802

528 U.S. 1087

 

10/28/99          Petition filed.

01/10/00          Petition denied.

 


State Circuit Court – 3.850 Motion

CC #82-4973

 

06/23/03          Motion filed.

05/26/04          Motion denied.

 

Florida Supreme Court – 3.850 Motion Appeal

FSC #04-1487

No opinion

 

07/29/04          Appeal filed.

05/13/05          FSC affirmed denial of Motion.

 

Circuit Court – 3.851 Motion

CC #82-4973

 

12/15/05          Motion filed.

12/23/05          CC denied Motion.

 

Florida Supreme Court – 3.851 Motion Appeal

FSC #06-2

 

01/03/06          Appeal filed.

01/17/06          FSC affirmed denial of Motion and Mandate issued.

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #05-8731

 

01/19/06          Petition filed.

02/27/06          USSC denied petition.

 

U.S. District Court (Northern District) – Complaint for Declaratory & Injunctive Relief

USDC# 06-32

 

01/20/06          Complaint filed.

01/21/06          USDC dismissed complaint.

 

U.S. Court of Appeals (11th Circuit) – Application to File Successive Habeas Petition & Stay of Execution

USCA# 06-10595

 

01/20/06          Application and stay filed.

01/24/06          USCA denied application and ruled that the court has no jurisdiction to issue a stay.

 

 

U.S. Court of Appeals (11th Circuit) – Complaint for Declaratory & Injunctive Relief

USCA# 06-10621

 

01/21/06          Appeal filed.

01/24/06          USCA affirmed denial of complaint.

 

U.S. Supreme Court – Petition for Writ of Habeas Corpus

USSC# 05-8780

 

01/24/06          Petition filed.

01/24/06          USSC denied petition.

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 05-8794

 

01/24/06          Petition filed.

01/25/06          USSC granted petition.

06/12/06          USSC reversed and remanded to the USCA

 

U.S. Court of Appeals (11th Circuit) – Complaint for Declaratory & Injunctive Relief

USCA# 06-10621

 

08/31/06          Complaint remanded to USDC.

 

U.S. District Court (Northern District) – Complaint for Declaratory & Injunctive Relief (On Remand)

USDC# 06-32

 

09/01/06          USDC dismissed complaint.

 

U.S. Court of Appeals (11th Circuit) – Petition for Stay of Execution & Expedited Appeal

USCA# 06-14927

 

09/13/06          Petition filed.

09/15/06          USCA denied petition.

 

U.S. Supreme Court – Petition for Writ of Certiorari & Application for Stay of Execution

USSC# 06-6545

 

09/18/06          Petition & application filed

09/20/06          USSC denied application

 

 

 


Death Warrant:

 

11/09/89          Death Warrant signed by Governor Bob Martinez.

01/23/90          Stay granted by Florida Supreme Court.

01/27/90          Stay granted by United States District Court.

 

11/29/05          Death Warrant signed by Governor Bush.  Execution set for 01/24/06.

01/24/06          Stay granted by U.S. Supreme Court

 

08/17/06          Death Warrant reinstated by Governor Bush.  Execution set for 09/20/06.

 

09/20/06          Executed

 

 

Clemency:

 

06/23/88          Clemency Hearing Held (denied).

 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The Florida Supreme Court remanded the case for resentencing, which resulted in a second Direct Appeal.  The USDC partially granted a Habeas Petition and the second Direct Appeal was reopened.  The number of appeals and the time required to process each one has contributed to the delay.

 

 

Case Information:

 

A direct appeal was filed on 07/05/83. Issues that were raised included whether the trial court erred in refusing to excuse for cause two jurors because of their preconceived notions regarding this case.  The Florida Supreme Court agreed with Hill in that the aforementioned error was not harmless.  The remaining claims, however, were found to be either without merit or harmless.  The Florida Supreme Court ruled that even though none of the errors affected his convictions, they found it necessary to vacate the sentence of Death on 10/10/85 and remanded the case for a new sentencing proceeding before a new jury.

 

A second Direct Appeal was filed on 05/07/86.  Issues that were raised included whether the trial court erred by permitting prosecutorial misconduct, which denied appellant a fair trial.  The Florida Supreme Court found all claims either harmless or without merit and affirmed the conviction and sentence of Death on 09/17/87. 

 

A Petition for Writ of Certiorari was filed with the United States Supreme Court on 02/05/88 and denied on 04/04/88. 

 

Governor Martinez signed a Death Warrant on 11/09/89.

A 3.850 was filed with the Circuit Court on 12/11/89 and denied on 01/18/90.

 

A Petition for a Writ of Habeas Corpus was filed with the Florida Supreme Court on 12/12/89 and a 3.850 Appeal was filed with the Florida Supreme Court on 01/22/90.  A stay of execution was granted on 01/23/90.  Identical issues that were raised included whether appellant’s counsel was ineffective. The Florida Supreme Court found the claims either without merit or harmless and denied the Petition and affirmed the trial court’s denial of the 3.850 on 01/26/90.

 

A Petition for Writ of Habeas Corpus was filed with the United States District Court on 01/27/90.  The Federal District Court determined that the state trial judge erred in failing to find certain nonstatutory mitigating factors. The Federal District Court found that the State Court might have erred in its harmless error analysis. The Federal District Court partially granted the Petition for Writ of Habeas Corpus on 08/31/92, and Hill moved to reopen the second Direct Appeal.

 

The Direct Appeal was reopened with the Florida Supreme Court on 01/18/94 and Hill’s conviction and sentence of Death was affirmed on 10/13/94. 

 

A Petition for Writ of Certiorari was filed with the United States Supreme Court on 06/19/95 and was denied on 10/02/95. 

 

An amended Petition for Writ of Habeas Corpus was filed with the United States Court of Appeals on 02/26/96 and was denied on 11/26/96. 

 

Two federal Habeas Corpus Appeals were filed simultaneously on 02/20/97.  Some issues that were raised included whether the Florida Supreme Court conducted a deficient harmless error analysis after striking one of the aggravating factors found by the trial judge in imposing the death sentence.  The United States Court of Appeals affirmed the District Court’s denial of Habeas relief on 05/14/99.

 

A Petition for Writ of Certiorari was filed with the United States Supreme Court on 10/28/99 and was denied on 01/10/00. 

 

A 3.850 Motion was filed on 06/23/03 with the circuit court and was denied on 05/26/04.

 

A 3.850 Motion Appeal was filed on 07/29/04 with the Florida Supreme Court, raising Ring issues.  On 05/13/05, the FSC affirmed the denial of the Motion.

 

Governor Bush signed a death warrant on 11/29/05.  Execution was set for 01/24/06. 

 

A 3.851 Motion was filed on 12/15/05 with the circuit court that was denied on 12/23/05. 

 

A 3.851 Motion Appeal was filed with the Florida Supreme Court on 01/03/06, focusing primarily on the lethal injection procedure in Florida.  On 01/17/06, the FSC affirmed the denial of the 3.851 Motion.    

 

A Petition for Writ of Certiorari was filed with the U.S. Supreme Court on 01/19/06 that was denied on 02/27/06. 

 

A Complaint for Declaratory & Injunctive Relief was filed with the U.S. District Court on 01/20/06 that was dismissed on 01/21/06. 

 

An Application to File a Successive Habeas Petition and Stay of Execution was filed with the U.S. Court of Appeals on 01/20/06.  On 01/24/06, the USCA denied the application and ruled that the court did not have jurisdiction to issue a stay. 

 

A Complaint for Declaratory & Injunctive Relief Appeal was filed with the U.S. Court of Appeals on 01/21/06.  On 01/24/06, the USCA affirmed the denial of the complaint.

 

A Petition for Writ of Habeas Corpus was filed with the U.S. Supreme Court on 01/24/06 that was denied on 01/24/06.

 

A Petition for Writ of Certiorari was filed with the U.S. Supreme Court on 01/24/06 that was granted on 01/25/06.  On 06/12/06, the USSC reversed and remanded the complaint to the USCA.

 

Governor Bush reinstated the death warrant on 08/17/06.  Execution is set for 09/20/06. 

 

The USCA remanded the complaint to the USDC on 08/31/06. 

 

The USDC dismissed the complaint on 09/01/06. 

 

A Petition for Stay of Execution and Expedited Appeal was filed with the U.S. Court of Appeals on 09/13/06 and was denied on 09/15/06.

 

A Petition for Writ of Certiorari & Application for Stay of Execution was filed with the U.S. Supreme Court on 09/18/06.  On 09/20/06, the USSC denied the application. 

 

On 09/20/06, Clarence Hill was executed.

 


Institutional Adjustment:

 

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE

FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

                                                                    

DATE     DAYS                    VIOLATION                                         LOCATION      

08/17/83      0                         POSS OF UNAUTH BEV.                   NEW RIVER "O" UNIT 

08/05/85      0                         POSS OF NEGOTIABLES                   FLORIDA STATE PRISON

09/02/86     30                        DISRESP.TO OFFICIALS                   FLORIDA STATE PRISON

09/08/87     30                        POSS OF CONTRABAND                 FLORIDA STATE PRISON

11/05/87     30                        DISOBEYING ORDER                         FLORIDA STATE PRISON

01/04/88     20                        FIGHTING                                             FLORIDA STATE PRISON

11/17/88     15                        DISOBEYING ORDER                         FLORIDA STATE PRISON

11/16/89     60                        UNARMED ASSAULT                      FLORIDA STATE PRISON

12/03/90     60                        DISORDERLY CONDUCT                  FLORIDA STATE PRISON

03/04/92     30                        POSS OF CONTRABAND                 FLORIDA STATE PRISON

08/17/92      0                         DISOBEYING ORDER                         FLORIDA STATE PRISON

11/21/93      0                         DISRESP.TO OFFICIALS                   UNION C. I.        

02/09/94      0                         SPOKEN THREATS                            UNION C. I.        

02/09/94      0                         DISRESP.TO OFFICIALS                   UNION C. I.         

08/19/94      0                         DISOBEY REGULATIONS                 UNION C. I.

06/07/95      0                         DISOBEYING ORDER                         UNION C. I.

06/24/95      0                         DISRESP.TO OFFICIALS                   UNION C. I.

06/25/95      0                         DISORDERLY CONDUCT                  UNION C. I.

08/03/95      0                         DEFACING STATE PROP.                 UNION C. I.

10/18/95      0                         DISOBEYING ORDER                         UNION C. I.

03/07/96      0                         UNAUTH PHY. CONTACT               UNION C. I.

03/04/98      0                         DISOBEYING ORDER                         UNION C. I.

10/14/98      0                         LYING TO STAFF                               UNION C. I.

01/07/00      0                         POSS OF CONTRABAND                 UNION C. I.

04/26/01      0                         DISOBEYING ORDER                         UNION C. I.

05/01/05     30                        POSS OF CONTRABAND                 UNION C. I.                                                            

 

 

Report Date:     12/06/01          cc

Approved:        01/08/02          ws

Updated:          09/21/06          jfl