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.
Inmate Details


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.


Inmate

Last Name First Name Picture DC Number Agency Case Summary
Holland Albert 122651 CCRC-S Case Summary

Last Action

Date Court Case Number Last Action
01/24/06 USDC 06-20182 Habeas petition
04/27/07 USDC 06-20182 Dismissed as untimely filed
08/10/10 USDC 06-20182 Case Reopened
08/01/07 USCA 07-13366 Habeas appeal
01/30/09 USCA 07-13366 Denied
08/03/10 USCA 07-13366 Case Remanded to USDC
05/13/09 USSC 09-5327 Petition for Writ of Certiorari filed
10/13/09 USSC 09-5327 Granted
03/01/10 USSC 09-5327 Argument
06/14/10 USSC 09-5327 Judgment Reversed and Case Remanded

Current Attorney

Last Name First Name City Address Zip Phone Email
Reassigned CCRC-S Fort Lauderdale, FL 101 NE 3rd Ave Ste 400 33301 954/713-1284 Email

Cases

Attorney Case Number Judge County CCRC Appt. Order Contract Sign
Reassigned 90-15905CF10A Greene Broward South 5/5/2006

Last Updated


2008-01-10 11:11:49.0


Case Summary
Direct Link

The Commission on Capital Cases updates this information regularly

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.

 

HOLLAND, Albert (B/M)

DC #   122651

DOB:   03/24/58

 

Seventeenth Judicial Circuit, Broward County Case # 90-15905

Sentencing Judge: The Honorable M. Daniel Futch, Jr.

Trial Attorneys: Peter Giacoma & Young Tindall

Resentencing Trial Attorneys: Evan Baron & James Lewis

Attorney, Direct Appeals: Richard Greene – Assistant Public Defender

Attorney, Collateral Appeals: Todd Scher – CCRC-S

 

Date of Offense:           07/29/90

Date of Sentence:         08/19/91

Date of Resentence:      02/07/97

 

Circumstances of the Offense:

 

Thelma Johnson reported that Albert Holland approached her and asked her if she had a hitter (a device used to smoke cocaine).  Johnson stated that she did not, but proceeded to lead Holland to a wooded area with the intention of smoking cocaine together.  Holland then smoked the first half of his cocaine rock off of a beer can, but Johnson refrained because she did not like that method of smoking.  After smoking the second half of the rock, Holland became violent.  Holland shoved Johnson to the ground, held her down, and hit her on the side of the head with a bottle while she begged him not to kill her.  As Holland beat her, he repeatedly threatened to kill her. 

 

Holland ripped Johnson’s shirt and unzipped his pants.  Holland forced Johnson to give him oral sex.  When Johnson protested and stopped, Holland beat her until she was unconscious.  Holland stopped beating Johnson and left the scene when a witness yelled for Holland to stop before he killed her.  Johnson had a severed ear, a fractured skull, and multiple cuts on her face, which required extensive plastic surgery. 

 

Police officers responded to a call regarding the attack and began the search for the perpetrator.  Officer Scott Winters was in his patrol car when he asked Holland to approach the vehicle.  Officer Winters exited the patrol car and instructed Holland to put his hands on the car. Holland complied with the request.  As Winters reached down to use the radio on his belt, Holland turned and took a swing aimed at Winters’ head.  A struggle ensued and Winters got Holland in a headlock.  Winters repeatedly tried to put Holland on the ground by using his nightstick, but Holland rose and turned, causing the combatants to face each other.  Holland managed to take Winters’ gun and shot the officer twice before he fled the scene.

Police officers stated that Winters requested backup at 7:25 p.m. and reported being shot at 7:26 p.m.  When officers arrived at the scene, Winters’ gun was missing.  Winters died at 8:30 p.m. as a result of gunshot wounds to the lower stomach and groin area.  

 

Trial Summary:

 

08/16/90          Defendant indicted with the following:

Count I: First-Degree Murder 

                                    Count II: Robbery with a Firearm 

                                    Count III: Sexual Battery 

                                    Count IV: Attempted Murder with a Deadly Weapon                        

08/02/91          Defendant was found guilty by the trial jury on all counts

08/12/91          The jury recommended Death by a vote of eleven to one

08/18/93          Defendant was sentenced as follows:

                                    Count I: First-Degree Murder – Death

                                    Count II: Robbery with a Firearm – 17 years

                                    Count III: Sexual Battery – Life sentence

                                    Count IV: Attempted Murder with a Deadly Weapon – 40

     years                                                          

Second Trial:

 

11/06/96          Defendant was found guilty by the trial jury on counts I, II, IV as

charged.  Defendant was convicted on count III of the lesser charge of Attempted Sexual Battery.

11/15/96          The jury recommended Death by a vote of eight to four

02/07/97          Defendant was sentenced as follows:

                                    Count I: First-Degree Murder – Death

                                    Count II: Robbery with a Firearm – Life sentence

                                    Count III: Attempted Sexual Battery – 15 years

            Count IV: Attempted Murder with a Deadly Weapon – 30

     years                                                          

*Please note, sentences are to run consecutively

           

Appeal Summary:

 

Florida State Supreme Court – Direct Appeal

FSC #78,660

636 So. 2d 1289

 

09/23/91          Appeal filed.

03/24/94          FSC reversed the convictions and the sentence of Death.

06/09/94          Rehearing denied.

07/11/94          Mandate issued.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #94-271

513 U.S. 943

 

08/12/94          Petition filed.

10/11/94          Petition denied.

 

Florida State Supreme Court – Direct Appeal

FSC #89,922

773 So. 2d 1065

 

02/20/97          Appeal filed.

10/05/00          FSC affirmed the convictions and the sentence of Death.

12/20/00          Rehearing denied.

01/19/01          Mandate issued.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #00-9803

534 U.S. 834

 

05/04/01          Petition filed.

10/01/01          Petition denied.

 

State Circuit Court – 3.851 Motion

CC #90-15905

 

09/17/02          Motion filed.

04/10/03          Evidentiary Hearing held.

05/16/03          Motion denied.

 

Florida Supreme Court – 3.851 Appeal

FSC #SC03-1033

916 So. 2d 750

 

06/09/03          Appeal filed.

11/10/05          FSC affirmed denial of motion.

12/01/05          Mandate issued.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 04-34

916 So.2d 750

 

01/09/04          Petition filed.

11/10/05          FSC denied petition.

12/01/05          Mandate issued.

 

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

USDC# 06-20182

 

01/24/06          Petition filed.

04/27/07          Petition dismissed as untimely filed.

07/11/07          Motion for Certificate of Appealability filed.

07/18/07          Motion granted.

 

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

USSC# 05-9244

126 S. Ct. 1790

 

02/08/06          Petition filed.

04/17/06          USSC denied Petition.

 

United Stated Court of Appeals, 11th Circuit—Habeas Appeal

USCA #07-13366

 

08/01/07          Appeal filed.

01/30/09          Appeal denied.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 09-5327

 

05/13/09          Petition filed.

10/13/09          Petition granted.

06/14/10          Judgment Reversed and case Remanded.

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The Florida Supreme Court remanded the case to the trial court for a new trial.

 

Case Information:

 

A Direct Appeal was filed with the Florida Supreme Court on 09/23/91.  Issues that were raised included whether the trial court erred in overruling defense counsel’s objections to the testimony of a State witness who testified at the competency hearing and at trial.  The Florida Supreme Court agreed with Holland on this issue and accordingly reversed both the convictions and sentences on 03/24/94.

 

A Petition for Writ of Certiorari was filed on 08/12/94 and denied on 10/11/94.

 

A second Direct Appeal was filed on 02/20/97.  Issues that were raised included whether the trial court erred in denying him the opportunity to represent himself; whether the trial court abused its discretion in denying Holland’s motion to exclude the testimony of the State’s mental health experts; whether the trial court abused its discretion in overruling Holland’s objections to the admissibility of a videotape interrogation of Holland.  The Florida Supreme Court found all of the claims either without merit or harmless and affirmed the convictions and sentences, including the sentence of Death, on 10/05/00.

 

A Petition for Writ of Certiorari was filed on 05/04/01 and denied on 10/01/01. 

 

A 3.851 Motion was filed with the circuit court on 09/17/02 and denied on 05/16/03. 

 

A 3.851 Motion Appeal was filed with the Florida Supreme Court on 06/09/03, raising claims of ineffective assistance of counsel.  On 11/10/05, the FSC affirmed the denial of the motion. 

 

A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 01/09/04, raising claims of ineffective assistance of counsel.  On 11/10/05, the FSC denied the petition.    

 

A Petition for Writ of Habeas Corpus was filed with the U.S. District Court, Southern district, on 01/24/06.   As of 04/27/07, this petition was dismissed as untimely filed.  A Certificate of Appealability was granted on 07/18/07.

 

A Petition for Writ of Certiorari was filed with the U.S. Supreme Court on 02/08/06 and denied on 04/17/06. 

 

A Habeas Corpus Appeal was filed in the U.S. Court of Appeals, 11th Circuit on 08/01/07 that was denied on 01/30/09.

 

A Petition for Writ of Certiorari was filed with the United States Supreme Court on 05/13/09. This petition was granted on 10/13/09.  On 06/14/10, the lower court’s judgment was reversed and the was case remanded.

 

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      

08/18/99      0                         FIGHTING                             UNION C. I.        

 

________________________________________________________________________

 

Report Date:     02/08/02          cc

Approved:        02/20/02          ws

Updated:          06/15/10         CAR