The Commission on Capital Cases updates this informationregularly. This information, however, is subject to change and may notreflect the latest status of an inmate’s case and should not be relied on forstatistical or legal purposes.
BRYANT, Byron (B/M)
DC #662131
DOB: 02/20/67
Fifteenth Judicial Circuit, Palm Beach County, Case #92-791
Sentencing Judge, Trial I: The Honorable Marvin U. Mounts,Jr.
Sentencing Judge, Trial II: The Honorable Marvin U. Mounts,Jr.
Attorneys, Trial I: Richard Springer & Anthony Natale –Private
Attorneys, Trial II: Michael Dubiner & Greg Lerman –Private
Attorney, Direct Appeal I: Charles Musgrove – Private
Attorneys, Direct Appeal II: Michael Dubiner & MarkWilensky – Private
Attorney, Collateral Appeals: Leor Veleanu – CCRC-S
Date ofOffense: 12/16/91
Date of Sentence I: 04/21/93
Date of Sentence II: 02/05/99
Circumstances of Offense:
Byron Bryant was convicted and sentenced to death for the12/16/91 murder of Leonard Andre.
On the evening of 12/16/91, two unidentified men enteredAndre’s Market in Delray Beach. Leonard Andre was in the back of thestore preparing the day’s receipts, while his wife tended to the front of thestore. As the men entered the store, one headed to the back in anapparent search for the restroom, while the other man remained out front. The man in the front of the store, at gunpoint, demanded money from Mrs.Andre. As she gave him the money, she heard the sound several gunshots radiatefrom the back of the store. After the two men fled, Mrs. Andre ran to theback of the store where she found her husband lying in a pool of blood. He had been shot three times at close range.
Neither Mrs. Andre nor her brother, who witnessed theincident from across the street, could give a detailed description of theassailants or identify Bryant out of a photo lineup. There was nophysical evidence linking him to the robbery or murder. Bryant’sinvolvement was only suspected after several of his acquaintances tipped offpolice.
Upon arrest, Bryant confessed to murdering Andre during theattempted robbery. During his trial, however, Bryant denied anyinvolvement and insisted that his previous statement was the product of policecoercion.
Prior Incarceration History in the State of Florida:
| Offense Date | Offense | Sentence Date | County | Case No. | Sentence |
| 12/13/1991 | ROBBERY W/FIREARM OR D/WEAPON | 12/4/1992 | PALM BEACH | 9202538 | SENTENCED TO LIFE |
| 12/13/1991 | AGG ASSLT-INTENT COMMIT FELONY | 12/4/1992 | PALM BEACH | 9202538 | 30Y 0M 0D |
NOTE: Bryant was indicted on theabove-referenced charges after his arrest for the murder of Leonard Andre.
Trial Summary:
02/06/92 The defendant was indicted on the following:
Count I: First-Degree Murder
Count II: Robbery with aFirearm
03/15/93 The jury found the defendant guilty on both counts charged in the indictment.
03/15/93 Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for theimposition of the death penalty.
04/21/93 The defendant was sentenced as followed:
Count I: First-DegreeMurder – Death
Count II: Robbery with aFirearm – Life
04/19/95 The Florida Supreme Court vacated Bryant’s convictions and sentence ofdeath. The Florida Supreme Court remanded the case for a new trial,finding that it was reversible error for the trial judge to be absent from thecourtroom during a readback of testimony.
02/13/98 At retrial, the defendant was found guilty as charged.
02/05/99 The defendant was resentenced as followed:
Count I: First-Degree Murder – Death
Count II: Robbery with aFirearm – Life
NOTE: During retrial, Bryantwaived his right to a jury for an advisory sentencing recommendation.
Appeal Summary:
Florida Supreme Court - Direct Appeal I
FSC #81,862
656 So. 2d 426
06/01/93 Appeal filed.
04/13/95 The Florida Supreme Court vacated Bryant’s convictions and sentence ofdeath. The Florida Supreme Court remanded the case for a new trial,finding that it was reversible error for the trial judge to be absent from thecourtroom during a readback of testimony.
06/19/95 Rehearing denied.
07/20/95 Mandate issued.
Florida Supreme Court - Direct Appeal II
FSC #94,902
785 So. 2d 422
02/18/99 Appeal filed.
04/05/01 The Florida Supreme Court affirmed the convictions and sentence of death.
04/19/01 Rehearing denied.
06/11/01 Mandate issued.
United States Supreme Court - Petition for Writ of Certiorari
USSC #01-6206
534 U.S. 1025
09/13/01 Petition filed.
11/13/01 Petition denied.
State Circuit Court - 3.850 Motion
CC #92-791
11/20/02 Motion filed.
03/04/03 Amended Motion filed.
08/11/03 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #SC03-1618
901 So.2d 810
09/08/03 Appeal filed.
04/28/05 FSC affirmed denial of Motion.
05/19/05 Mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #SC04-83
901 So.2d 810
01/20/04 Petition filed.
04/28/05 FSC denied Petition.
05/19/05 Mandate issued.
United States District Court, Southern District –Petition for Writ of Habeas Corpus
USDC #05-80562
(Pending)
06/20/05 Petition filed.
State Circuit Court - 3.850 Motion
CC #92-791
09/13/07 Successive motion filed.
02/26/08 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #08-658
04/04/08 Appeal filed.
02/11/09 Appeal denied.
Factors Contributing to the Delay in the Imposition ofthe Sentence:
Bryant’s case was delayed when the Florida Supreme Courtvacated his convictions and sentence of death on 04/13/95. The FloridaSupreme Court remanded his case for a new trial, noting that it was reversibleerror for the trial judge to be absent from the courtroom during a readback oftestimony. Since the retrial, there have been no significant delays inBryant’s case.
Case Information:
On 06/01/93, Byron Bryant filed a Direct Appeal in theFlorida Supreme Court. In that appeal, Bryant noted that the trial courterred in refusing to excuse six jurors for cause, thus requiring the defense touse its peremptory challenges to remove them. In examining this issue,the Florida Supreme Court found that the trial court did not abuse itsdiscretion by refusing to excuse five of the six jurors. The trial courtdid err in denying Bryant’s challenge for cause with regard to potential jurorPekkola; however, the Florida Supreme Court found this error to beharmless. Bryant also argued that the trial judge committed “fundamentalerror by leaving the courtroom during a readback of testimony without aninformed waiver of the judge’s presence by the defendant.” The FloridaSupreme Court agreed, finding “the trial court’s absence during the readback oftestimony without a valid waiver constitutes reversible error.” As such,the Florida Supreme Court vacated Bryant’s convictions and sentence of deathand remanded the case for a new trial.
Bryant was again sentenced to death on 02/05/99 and subsequentlyfiled another Direct Appeal in the Florida Supreme Court on 02/18/99. Inthat appeal, Bryant argued that the trial court erred in finding him competentto stand trial and in requiring him to wear restraints while being tried. The Florida Supreme Court noted that it was an error to require Bryant to wearrestraints without holding a hearing to determine the if the restraints werewarranted; however, due to Bryant’s history of violent courtroom behavior, thehigh court deemed the error to be harmless. Bryant also contended thatthe trial court failed to adequately evaluate several nonstatutory mitigatingfactors. The Florida Supreme Court affirmed his convictions and sentenceof death on 04/05/01.
Bryant next filed a Petition for Writ of Certiorari in theUnited States Supreme Court, which was denied on 11/13/01.
Bryant filed a 3.850 Motion in the State Circuit Court on11/20/02. The State filed a Motion to Strike the 3.850, which was grantedon 12/19/02. As such, Bryant filed an amended motion on 03/04/03 that wasdenied on 08/11/03.
Bryant filed an appeal of that decision in the FloridaSupreme Court on 09/08/03, citing ineffective assistance of counsel and Ringand Apprendi claims. On 04/28/05, the Florida Supreme Court affirmed thedenial of the Motion.
Bryant also filed a Petition for Writ of Habeas Corpus inthe Florida Supreme Court on 01/20/04, citing ineffective assistance ofcounsel. On 04/28/05, the Florida Supreme Court denied the Petition.
Bryant filed an All Writs Petition in the Florida SupremeCourt on 12/14/06, which was denied on 09/10/07.
On 09/13/07, Bryant filed a Successive 3.851 Motion in theState Circuit Court. This motion was denied on 02/26/08.
On 04/04/08, Bryant filed a 3.850 Motion Appeal in theFlorida Supreme Court. This motion was denied on 02/11/09.
On 09/19/09, Bryant died of natural causes.
Institutional Adjustment: BYRON BRYANT DC #662131
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
12/09/99 180 UNAUTH USE OF DRUGS FSP
04/05/01 0 MISUSE OF STATE PROP UNION C. I.
01/28/02 30 POSS OFNEGOTIABLES UNIONC. I.
08/12/03 60 DISOBEYING ORDER UNION C.I.
04/21/03 – ew
04/23/03 – approved – ws
09/22/09 – updated – kkr