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. 

 

HAPP, William (W/M)

DC#     117027

DOB:   01/19/62

 

Fifth Judicial Circuit, Citrus County Case # 86-671

Venue changed to Lake County on 06/29/88

 

Sentencing Judge: The Honorable Jerry T. Lockett

Attorney, Trial: Jeffery M. Pfister – Assistant Public Defender

Attorney, Direct Appeal:  Christopher S. Quarles – Assistant Public Defender

Attorney, Collateral Appeals:  Robert Strain & Carol Rodriguez – CCRC-M

 

Date of Offense:           05/24/86

Date of Sentence:         07/31/89

 

Circumstances of Offense:

 

On 05/24/86, a fisherman found the body of a partially clad woman on the bank of the Cross-Florida Barge Canal.  The woman’s shoulders were covered by a tee shirt that was pulled up to her underarms, and a pair of stretch pants was tied tightly around her neck.  The medical examiner testified that the woman’s face and skull were badly bruised and hemorrhaged, had multiple scrapes on her back and right heel, had suffered ten to twenty hard blows to the head, and had been anally raped before death, the cause of which was strangulation. 

 

The victim was last seen at a Cumberland Farms store at 2:30 a.m. on 05/24/86, and a woman’s scream was heard at approximately the same time.  The victim’s car was found six-tenths of a mile from the store, with its driver’s side window shattered.  A shoe print found outside the driver’s side door matched one of Happ’s shoes and Happ’s fingerprints were found on the exterior of the car. 

 

Happ revealed the details of the crime to a fellow jail inmate, Richard Miller.

 

Happ’s first trial ended in a mistrial when the prosecutor violated a court order and revealed Happ’s prior criminal record. 

 

At the second trial, a friend of Happ’s testified that around the time of the murder, he saw Happ walking toward the canal, and the next morning he noticed that Happ had a swollen right hand.  Happ’s former girlfriend also testified that Happ told her that he had broken a car window with his fist. 

 

Trial Summary:

 

12/02/86          Indicted as follows:

                                    Count I First-Degree Murder

                                    Count II           Burglary with Battery

                                    Count III          Kidnapping

                                    Count IV          Sexual Battery

02/05/87          Entered a plea of not guilty

06/29/88          Venue changed from Citrus to Lake County (Lake County case # 88-

1037)

07/28/89          Jury returned guilty verdicts on all counts of the indictment

07/31/89          Jury recommended a death sentence by a vote of 9-3

07/31/89          Sentenced as follows:

                                    Count I First-Degree Murder – Death

                                    Counts II-IV    Life Imprisonment

  

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 74,634

596 So.2d 991

 

08/30/89          Appeal filed

01/23/92          FSC affirmed convictions and sentences

03/09/92          Rehearing denied

04/08/92          Mandate issued

 

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

USSC# 92-5152

506 U.S. 949

 

06/08/92          Petition filed

11/02/92          USSC granted petition, vacated sentence, and remanded case to FSC for

 reconsideration

 

Florida Supreme Court – Direct Appeal (on remand from USSC)

FSC # 74,634

618 So.2d 205

 

05/20/93          FSC affirmed sentence

06/21/93          Mandate issued

 

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

USSC# 93-5789

510 U.S. 925

 

08/18/93          Petition filed

10/12/93          USSC denied petition

 

Circuit Court – 3.850 Motion

CC# 86-671

 

01/17/95          Motion filed

05/15/97          Circuit Court denied Motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 93,121

770 So.2d 158

 

06/01/98          Appeal filed

09/13/00          FSC dismissed appeal without prejudice to allow defendant to raise

ineffective assistance of counsel claims in an amended 3.850 Motion in Circuit Court.

 

Circuit Court – 3.850 Motion

CC# 86-671

 

01/17/95          Original 3.850 Motion filed

11/02/99          Motion amended

08/31/00          Motion amended

11/10/00          Motion amended

09/18/03          Circuit Court denied Motion

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# SC00-1198

784 So.2d 1091

 

10/27/00          Petition filed

05/03/01          FSC denied Petition

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 03-1890

922 So.2d 182

 

10/22/03          Appeal filed

12/08/05          FSC affirmed denial of motion

02/13/06          Rehearing denied

 

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

USDC# 07-74

 

02/28/07          Petition filed

04/06/10          Petition denied

 

Circuit Court – 3.850 Motion

CC# 86-671

(Pending)

 

10/22/07          Motion filed

 

U.S. Court of Appeals – Petition for Writ of Habeas Corpus Appeal

USCA# 10-12159-P

(Pending)

 

05/05/10            Appeal filed

 

Factors Contributing to the Delay in Imposition of Sentence:

 

Happ’s 3.850 Motion was pending from 11/02/99 – 09/18/03, after being remanded from the FSC.

 

Case Information:

 

Happ filed a Direct Appeal with the Florida Supreme Court on 08/30/89, citing the following nine errors: denying motion to dismiss the indictment on double jeopardy grounds, denying motion to suppress evidence, refusing to answer a jury deliberation question, restricting evidence regarding witness testimony, failing to find that the State did not express non-racial reasons for striking a juror, allowing the reading of Miller’s

(a fellow jail inmate) testimony at the second trial, commenting on the evidence and limiting defense counsel’s closing arguments, refusing to allow the defense to refer to the key state witness as a “snitch” and “squealer,” and denial of a fair trial due to the cumulative effect of errors.  The FSC affirmed the conviction and sentence on 01/23/92.

 

Happ filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 06/08/92 that was granted on 11/02/92.  The USSC vacated the sentence and remanded the case to the FSC. 

 

On 05/20/93, the Florida Supreme Court again affirmed the death sentence of Happ.

 

Happ filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 08/18/93 that was denied on 10/12/93.

 

Happ filed a 3.850 Motion with the Circuit Court on 01/17/95 that was denied on 05/15/97.

 

Happ filed a 3.850 Motion Appeal with the Florida Supreme Court on 06/01/98 that was dismissed without prejudice on 09/13/00 to allow Happ to raise ineffective assistance of counsel claims in an amended 3.850 Motion.

 

Happ filed an amended 3.850 Motion with the Circuit Court on 11/02/99 that was again amended on 08/31/00 and 11/10/00.  The Motion was denied on 09/18/03.

 

Happ filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/27/00, citing issues related to ineffective assistance of appellate counsel.  The FSC denied the Petition on 05/03/01.

 

Happ filed a 3.850 Motion Appeal with the Florida Supreme Court on 10/22/03 that was denied on 12/08/05. 

 

On 02/28/07, Happ filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District.  This petition was denied on 04/06/10.

 

Happ filed a 3.850 Motion in the state Circuit Court on 10/22/07. This motion is pending. 

 

On 05/05/10, Happ filed an Appeal with the United States Court of Appeals.  This appeal is pending.

 

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      

 

04/06/91                 15                            DISOBEYING ORDER                         FLORIDA STATE PRISON

04/26/94                 0                              POSS OF CONTRABAND             UNION C. I.        

10/12/95                 0                              FIGHTING                                             UNION C. I.        

02/06/02                 30                            DISRESP.TO OFFICIALS                   UNION C. I.         

                                                                    

________________________________________________________________________

 

Report Date:     09/13/01          JFL

Approved:        11/16/01          WS

Updated:          05/20/10          CAR