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 Name||First Name||Picture||DC Number||Agency||Case Summary|
|Brown||Paul Alfred||019762||CCRC-M||Case Summary|
|Date||Court||Case Number||Last Action|
|07/28/03||USDC||01-2374||Motion to re-open denied|
|07/26/07||USDC||01-2374||issues to be raised at state level, Motion to Re-open and Amend|
|Last Name||First Name||City||Address||Zip||Phone|
|Rodriguez||Carol C.||Tampa, FL||3102 W Tampa Bay Blvd||33607||813/810-8396|
|Attorney||Case Number||Judge||County||CCRC||Appt. Order||Contract Sign|
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 on for statistical or legal purposes.
BROWN, Paul Alfred (W/M)
DC # 019762
Thirteenth Judicial Circuit, Hillsborough County, Case #86-4084
Sentencing Judge: The Honorable Guy W. Spicola
Trial Attorneys: Stephen C. Alldredge & Wayne A. Chalu – Assistant Public Defenders
Attorney, Direct Appeal: Douglas S. Connor – Assistant Public Defender
Attorney, Collateral Appeals: Carol Rodriguez & Peter Cannon – CCRC-M
Date of Offense: 03/19/86
Date of Sentence: 03/02/87
Circumstances of Offense:
Barry and Gail Barlow awoke to the sound of two gunshots in the early morning hours of 03/19/86. Upon investigating the source of the shots, they found 17-year-old Pauline Cowell, Gail’s sister, dead in the Florida room of their home. Tammy Bird, a friend of Cowell’s, had been shot as well, but she survived. The padlock, which secured the room from the outside, was missing and the door was discovered open.
Authorities identified Brown as a possible suspect and began searching for him. Sheriff’s deputies found Brown in the trailer park where his brother lived, hiding behind a shed. A handgun was found in Brown’s pants, which matched the gun used in the shootings of Cowell and Bird.
Brown was living with Cowell’s mother at the time of the murder and Cowell had only recently moved from her mother’s to her sister’s home. Upon questioning, Brown indicated that he broke into the Barlow residence to confront Cowell about some lies she was telling. He stated that did not plot to kill Cowell, but planned on shooting her if she began to scream.
Brown was previously charged and convicted of armed robbery and attempted murder (Circuit Court Case #86-4083) for the events that took place on 03/19/86. On 10/06/86, Brown was sentenced to 30 years on each count.
Prior Incarceration History in the State of Florida:
Prison Sentence Length
BURGUNOCCSTRUC/CV OR ATT.
5Y 0M 0D
1Y 0M 0D
2Y 6M 0D
15Y 0M 0D
3Y 0M 0D
03/20/86 Defendant arrested.
04/02/86 Defendant indicted on:
Count I: First-Degree Murder
Count II: Armed Burglary
Count III: Attempted First-Degree Murder
02/19/87 The jury found the defendant guilty on all counts.
02/19/87 Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the death penalty.
03/02/87 The defendant was sentenced as followed:
Count I: First-Degree Murder – Death
Count II: Armed Burglary – Life
Count III: Attempted First-Degree Murder – Life
Florida Supreme Court – Direct Appeal
565 So. 2d 304
05/04/87 Appeal filed.
03/22/90 FSC affirmed the convictions and sentence of death.
06/11/90 Rehearing denied.
07/16/90 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
498 U.S. 992
09/10/90 Petition filed.
11/26/90 Petition denied.
Circuit Court – 3.850 Motion
05/08/92 Pro se motion filed.
09/16/92 Amended motion filed.
11/25/92 Second amended motion filed.
07/08/96 Third amended motion filed.
04/09/97 Motion denied.
Florida Supreme Court – 3.850 Motion Appeal
755 So. 2d 616
05/14/97 Appeal filed.
03/09/00 FSC affirmed the Circuit Court’s denial of the 3.850 Motion.
04/26/00 Rehearing denied.
05/26/00 Mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
800 So. 2d 223
04/25/01 Petition filed.
11/01/01 Petition denied.
United States District Court, Middle District – Petition for Writ of Habeas Corpus
12/13/01 Petition filed.
07/22/02 Petition administratively closed pending the final decisions in the Bottoson/King cases.
12/31/02 Brown filed a Motion to Re-Open the Petition.
07/28/03 Motion to Re-Open denied as Brown was directed to raise Atkins issues (mental retardation) at the state level.
07/26/07 Motion to Re-Open and amend Petition.
10/10/07 Petition amended.
11/25/09 Petition denied.
Circuit Court – 3.850 Motion
09/25/01 Motion filed.
08/15/02 Motion amended.
06/27/03 Evidentiary Hearing held.
04/26/05 Motion denied.
Florida Supreme Court – 3.203 Motion Appeal
959 So.2d 146
06/08/05 Appeal filed.
04/12/07 FSC affirmed denial of the motion.
06/26/07 Mandate issued.
Circuit Court – 3.850 Motion
11/20/07 Motion filed.
04/29/08 Motion denied.
Florida Supreme Court – 3.850 Appeal
14 So.3d 241
05/19/08 Appeal filed.
07/09/09 FSC affirmed denial of 3.850 motion.
United States Court of Appeals, Eleventh Circuit – Habeas Appeal
01/04/10 Appeal filed.
05/28/10 COA denied.
Factors Contributing to the Delay in the Imposition of the Sentence:
Brown’s Direct Appeal took over three years to resolve. In addition, Brown’s first 3.850 Motion was pending for five years. During that period, there were three amended motions filed, and the court granted Brown’s motion to disqualify the Hillsborough County State Attorney’s Office because his former defense counsel was given a position there as an Assistant State Attorney. His first 3.850 Appeal also lasted for three years. Brown’s second 3.850 was pending for nearly four years.
Brown filed his Direct Appeal in the Florida Supreme Court on 05/04/87. Brown contended that the arresting detective did not read him his Miranda rights, and as such, his confessions should have been inadmissible in court. Brown also argued that the court erred in refusing to excuse a prospective juror for cause. In reference to the sentencing phase, Brown raised several points of contention; however, the Florida Supreme Court found those claims to be without merit and summarily denied them all. The Florida Supreme Court affirmed the convictions and sentence of death on 03/22/90 and the mandate was issued on 07/16/90.
On 09/10/90, Brown filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 11/26/90.
On 05/08/92, Brown filed a pro se 3.850 Motion in the Circuit Court. Over the next four years, three amended motions were filed on his behalf. On 04/09/97, the Circuit Court denied all relief. Brown appealed that decision to the Florida Supreme Court on 05/14/97, and on 03/09/00, that court affirmed the denial of the 3.850 Motion.
Brown filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 04/25/01. The petition was denied on 11/01/01.
Brown filed another Petition for Writ of Habeas Corpus in the United States District Court on 12/13/01. The petition was administratively closed on 07/22/02 pending the final decisions in the Bottoson/King cases. Brown filed a Motion to Re-Open the Petition on 12/31/02, which was denied on 07/28/03 and Brown was directed to raise Atkins claims (mental retardation) at the state level. Brown filed a motion to re-open and amend this petition on 07/26/07. On 10/10/07, an amended petition was filed. The petition was denied on 11/25/09.
On 09/25/01, Brown filed another 3.850 Motion and amended the motion on 08/15/02. On 06/27/03, an Evidentiary Hearing was held. On 04/26/05, the CC denied the 3.850 Motion.
On 06/08/05, Brown filed a 3.203 Appeal with the Florida Supreme Court, and on 04/12/07, the FSC affirmed the denial of the motion. The Florida Supreme Court issued a mandate on 06/26/07.
On 11/20/07, Brown filed another 3.850 Motion with the circuit court and amended the motion on 01/11/08. The motion was denied on 04/29/08.
On 05/19/08, Brown filed a 3.850 Appeal with the Florida Supreme Court, and on 07/09/09, the FSC affirmed the denial of the motion.
On 01/04/10, Brown filed a Habeas Appeal with the United States Court of Appeals, Eleventh Circuit. On 05/28/10, the Certificate of Appealability (COA) was denied by the USCA.
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
12/23/97 0 DISORDERLY CONDUCT RECEPTION CTR.
06/20/00 180 UNARMED ASSAULT UNION C. I.
11/22/01 – ew
12/11/01 – approved – ws
06/17/10 – updated – kkr