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.
 

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 NameFirst NamePictureDC NumberAgencyCase Summary
LightbourneIan D. 078081CCRC-SCase Summary

Last Action

DateCourtCase NumberLast Action
6/22/2006FSC06-12413.850 Appeal
9/22/2006FSC06-1241Initial
12/14/2006FSC06-1241Relinquished to CC
4/16/2007FSC06-1241Denial Affirmed
12/14/2006FSC06-2391All Writs Petition
12/14/2006FSC06-2391Relinquished to CC
9/10/2007FSC06-2391CC denied All Writs Petition under Relinquishment
11/1/2007FSC06-2391Denial Affirmed
11/5/2007FSC06-2391Motion for Rehearing filed
11/5/2007FSC06-2391Response
11/7/2007FSC06-2391Motion for Rehearing denied
4/3/2008USSC07-10265Petition for Writ of Certiorari filed
5/19/2008USSC07-10265Petition for Writ of Certiorari denied
12/14/2010CC10-8557State's response filed
11/29/2010CC81-1703.851 Motion filed

Current Attorney


Cases


Last Updated

2008-01-09 11:43:13.0


Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

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

 

LIGHTBOURNE, Ian Deco (B/M)

DC#    078081

DOB:  12/11/59

 

Fifth Judicial Circuit, Marion County Case# 81-170-CF-A-01

Sentencing Judge:  The Honorable William T. Swigert

Attorney, Trial:  Ronald E. Fox & James H. Burke,Jr. – Assistant Public Defenders

Attorney, Direct Appeal:  Jerry T. Lockett – SpecialAssistant Public Defender

Attorney, Collateral Appeals:  Todd G. Scher &Suzanne Keffer – CCRC-S

 

Date of Offense:  01/16/81

Date of Sentence:  05/01/81

 

Circumstances of Offense:

 

On 05/01/81, Ian Deco Lightbourne was convicted andsentenced to death for the first-degree murder of Nancy O’Farrell.

 

According to the facts of the 02/18/81 indictment, themurder occurred on the night of 01/17/81.  Lightbourne pried open andbroke the window screen of O’Farrell’s home.  He took some of the victim’sbelongings, which included a necklace, a small silver bank and somemoney.  Sources revealed that Lightbourne admitted to surprising O’Farrellwith the intrusion and forced her to submit to sexual relations.  Since heknew the victim personally, Lightbourne killed O’Farrell in order to avoididentification and arrest.  Lightbourne shot O’Farrell on the left side ofher face with a .25-caliber automatic pistol; a pillow was placed overO’Farrell’s face before the shot was fired.  Medical experts claimed thevictim bled to death.

 

According to trial sources, Lightbourne was discovered notlong after the murder.  Lightbourne was pulled over by a police officer,who was responding to an earlier anonymous phone call reporting a suspiciousvehicle – the same one driven by Lightbourne.  Once the officer discoveredthe .25-caliber pistol during a pat search, the officer arrestedLightbourne.  During his indictment, medical experts testified that tracesof sperm were found in the victim’s vagina and pubic hair was found at thescene of the crime that matched and connected Lightbourne to O’Farrell’smurder.

 

Additional Information:

 

Lightbourne’s sentencing included lesser charges of second-and third-degree murder and manslaughter.   

 

Trial Summary:

 

02/18/81         Indicted as follows:

                                   Count I:            First-DegreeMurder   

04/25/81         Jury returned guilty verdicts on all counts of the indictment

05/01/81         Jury recommended death by a vote of 12-0

05/01/81         Sentenced as follows:

                                   Count I:           First-Degree Murder – Death

                                   

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 60,871

438 So. 2d 380 (1983)

 

07/02/81         Appeal filed

09/15/83         FSC affirmed conviction and death sentence

12/09/83         Mandate issued

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 83-5973

465 U.S. 1051; 104 S. Ct. 1330; 79 L. Ed. 2d 725 (1984)

 

12/23/83         Petition filed

02/21/84         Petition denied

 

State Circuit Court – 3.850 Motion

CC# 81-170-CF-A-01

 

05/31/85         Motion filed

05/31/85         Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 67,100

471 So. 2d 27 (1985)

 

06/03/85         Appeal filed

06/03/85         FSC affirmed 3.850 Appeal

06/28/85         Mandate issued

 

United States District Court, Middle District –Petition for Writ of Habeas Corpus

USDC# 85-136

 

06/03/85         Petition filed

08/20/86         Petition denied

 

United States Court of Appeals –Habeas Appeal

USCA# 86-3643

829 F.2d 1012 (1987)

 

09/17/86         Letter filed

09/18/87         USCA affirmed Habeas relief

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 88-5342

488 U.S. 934; 109 S. Ct. 329; 102 L. Ed. 2d 346 (1988)

 

07/26/88         Petition filed

04/20/88         USSC recalled mandate and withdrew order denying rehearing

04/28/88         Order denied and mandate issued

10/31/88         Petition denied

 

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 73,609

549 So. 2d 1364 (1989)

 

01/27/89         Petition filed

07/20/89         Petition denied

 

State Circuit Court – 3.850 Motion

CC# 81-170-CF-A-01

 

01/30/89         Motion filed

01/31/89         Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 73,612

549 So. 2d 1364 (1989)

 

01/31/89         Appeal filed

07/20/89         FSC remanded the case back to the trial court for an evidentiary hearing on oneissue

10/23/89         Rehearing denied

United States Supreme Court – Petition for Writ of Certiorari

USSC# 89-6547

494 U.S. 1039; 110 S. Ct. 1505; 108 L. Ed. 2d 640 (1990)

 

01/19/90         Petition filed

03/19/90         Petition denied

 

State Circuit Court – 3.850 Motion

CC# 81-170-CF-A-01

 

07/24/91         Evidentiary hearing held

06/12/92         Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 80,366

644 So. 2d 54 (1994)

 

08/24/92         Appeal filed

06/16/94         FSC affirmed the trial court’s denial of the 3.850 Motion

10/26/94         Rehearing denied and mandate issued

 

State Circuit Court – 3.850 Motion

CC# 81-170-CF-A-01

 

11/07/94         Motion filed

10/23/95         Evidentiary hearing held

06/19/96         Motion denied

11/15/96         Rehearing denied

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 94-7898

514 U.S. 1038; 115 S. Ct. 1406; 131 L. Ed. 2d 292 (1995)

 

01/28/95         Petition filed

03/27/95         Petition denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 89,526  

742 So. 2d 238 (1999)

 

12/13/96         Appeal filed

07/08/99         FSC reversed the trial court’s denial of 3.850 Motion

08/16/99         Mandate issued

 

State Circuit Court – 3.850 Motion

CC# 81-170-CF-A-01

 

12/02/99         Evidentiary hearing held

02/26/01         Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 01-553

841 So. 2d 431 (2003)

 

03/12/01         Appeal filed

01/16/03         Appeal affirmed

03/21/03         Rehearing denied

04/21/03         Mandate issued

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 03-5752

540 U.S. 1006, 124 S.Ct. 533, 157 L.Ed.2d 412

 

06/17/03         Petition filed

11/10/03         Petition denied

 

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 03-1058

889 So.2d 71 (2004)

 

06/18/03         Petition filed

08/17/04         Petition denied

09/01/04         Motion for rehearing filed

11/16/04         Rehearing denied

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 04-9809

125 S.Ct. 2917

 

02/14/05         Petition filed

06/20/05         Petition denied

 

State Circuit Court – 3.850 Motion

CC# 81-170CF-A

 

03/24/06         Motion filed

05/02/06         Order denying Lightbourne’s 3.850 Motion without evidentiary hearing

 

Florida Supreme Court – 3.850 Appeal

FSC# 06-1241

956 So.2d 456 (2007)

 

06/22/06         Appeal filed

12/14/06         Relinquished to CC regarding the legality of Florida’s lethal injectionprocedure

04/16/07         FSC affirmed the trial court’s denial of Lightbourne’s 3.850 Motion

 

Florida Supreme Court – All Writs

FSC# 06-2391

969 So.2d 326 (2007)

 

12/14/06         Petition filed

12/14/06         Relinquished to Circuit Court

09/10/07         All Writs Petition denied by Circuit Court.

11/01/07         Denial affirmed

11/05/07         Motion for rehearing filed

11/07/07         Motion for rehearing denied

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 07-10265

128 S.Ct. 2485

 

04/03/08         Petition filed

05/19/08         Petition denied

 

State Circuit Court – 3.851 Motion

81-170CF-A

(Pending)

 

11/29/10            Motion filed

 

 

Death Warrant:

 

05/09/85         Death warrant signed by Governor Robert Martinez and execution was scheduled totake place on 06/04/85.

06/03/85         Stay was granted – United States District Court, Northern District.

01/06/89         Another death warrant was issued and signed by Governor Robert Martinez, andexecution was scheduled to take place on 02/01/89.

01/31/89         Stay was granted by the Florida Supreme Court.

 

Clemency Hearing:

 

05/10/84         Clemency hearing held and denied

 

Case Information:

 

On 07/02/81, Lightbourne filed a Direct Appeal to theFlorida Supreme Court.  There were numerous issues raised.  First,Lightbourne claimed that the trial court erred in denying his motion to dismissthe indictment because the aggravating circumstances in the sentencing stage ofcapital felony cases ought to be alleged in the indictment in order for thereto be jurisdiction for the court to impose death.  Second, he claimed thatthe trial court erred in the unconstitutional imposition of his death sentenceas it allegedly terminated judicial discretion at the sentencing of a capitalfelony case; the statutes on mitigating and aggravating circumstances arestated ambiguously, and the death sentence itself violated Florida’s deathpenalty statute. Third, Lightbourne claimed that the court erred by permittingChavers and Carson’s testimony to take place, which was a violation of hisprivilege against self-incrimination under the Fifth and Sixth Amendments ofthe Constitution.  Fourth, Lightbourne argued the court erred by denyinghis motion to suppress said items, which legitimated the officer’s pat-down,and stop and seizure.  Fifth, Lightbourne claimed the court erred byadmitting into evidence the police interrogation video, which showed himwaiving his Miranda rights twice.  Sixth, Lightbourne claimed that thetrial court erred by denying his motion to impose sanctions as a result of thestate’s failure to properly notify the defendant of a deposition to be taken ofa listed state witness.  Finally, he claimed that the court erred byimposing the death sentence where the more mitigating circumstances outweighedthe aggravating circumstances.  On 09/15/83, the Florida Supreme Courtaffirmed Lightbourne’s conviction and death sentence.

 

On 12/23/83, Lightbourne filed a Petition for Writ ofCertiorari to the United States Supreme Court, which was denied on 02/21/84.

 

On 05/31/85, Lightbourne filed a 3.850 Motion to the CircuitCourt, which was denied on that same day.

 

On 06/03/85, Lightbourne filed a 3.850 Appeal to the FloridaSupreme Court, which was affirmed on 06/03/85 (the same day as the filedate).  The mandate was issued on 06/28/85.

 

Lightbourne filed a Petition for Writ of Habeas Corpus tothe United States District Court, Middle District on 06/03/85, which was deniedmore than a year later on 08/20/86.

 

The United States Court of Appeals affirmed the denial ofLightbourne’s Habeas relief on 09/17/86.

 

On 07/26/88, Lightbourne filed a Petition for Writ ofCertiorari, which was denied on 10/31/88.  During the process of filingthis petition, The Court recalled the mandate and withdrew his order denyingrehearing on 04/20/88.  On 04/28/88, the order was denied, but the mandatewas issued. 

 

The Florida Supreme Court received Lightbourne’s Petitionfor Writ of Habeas Corpus on 01/27/89, which was denied on 07/20/89.  Atthe time of his petitioning, Lightbourne was filing for a motion for stay andcounsel pro hac vice.

 

On 01/30/89, Lightbourne filed a 3.850 Motion to the CircuitCourt, which was denied on 01/31/89.

 

Lightbourne filed a 3.850 Appeal to the Florida SupremeCourt on 01/31/89.  The Court granted a stay and execution was pendingfurther notice.  On 07/20/89, the Court remanded for evidentiary hearingon one issue, which was the self-incriminating evidence provided byLightbourne’s jailhouse cellmates.  On 10/23/89, the Court deniedLightbourne’s motion for a rehearing.

 

On 01/19/90, Lightbourne filed for a Petition for Writ ofCertiorari to the United States Supreme Court, which was denied on 03/19/90.

 

On 07/24/91, an evidentiary hearing was held at the CircuitCourt.  The 3.850 Motion then was denied on 06/12/92.

 

Then, on 08/24/92, Lightbourne filed a 3.850 Appeal to theFlorida Supreme Court, which was affirmed on 06/16/94.  A rehearing wasdenied and a mandate was issued on 10/26/94.  During the petitioningprocess, Lightbourne filed numerous motions for an extension of time.

 

On 11/07/94, Lightbourne filed a 3.850 Motion to the CircuitCourt, which was denied on 06/19/96.  The rehearing was denied on11/15/96.

 

On 01/28/95, Lightbourne filed a Petition for Writ ofCertiorari to the United States Supreme Court, which was denied on 03/27/95.

 

Lightbourne filed a 3.850 Appeal to the Florida SupremeCourt on 12/13/96.  The denial was reversed on 07/08/99.  Whilewaiting for his appeal, Lightbourne filed for various motions to extend timeand for an order for record supplementation.  A mandate was issued on08/13/99.

 

On 12/02/99, an evidentiary hearing was held at the FloridaSupreme Court.  The 3.850 Motion was denied on 02/26/01.

 

On 03/12/01, Lightbourne filed a 3.850 Appeal to the FloridaSupreme Court.  The prior denial of the motion was denied on01/16/03.  A rehearing was denied on 03/21/03 and a mandate was issued on04/21/03. 

On 06/17/03, Lightbourne filed a Petition for Writ ofCertiorari to the United States Supreme Court, which was denied on 11/10/03.

 

Lightbourne filed a Petition for Writ of Habeas Corpus tothe Florida Supreme Court on 06/18/03, which was denied on 08/17/04.  Therehearing was denied on 11/16/04.

 

On 02/14/05, Lightbourne filed a Petition for Writ ofCertiorari to the United States Supreme Court, which was denied on 06/20/05.

 

On 03/24/06, Lightbourne’s 3.850 Motion was filed to theCircuit Court.  On 05/02/06, the trial court issued an order, denyingLightbourne’s 3.850 Motion without an evidentiary hearing.  Lightbourneraised the following two issues, which were denied by the lower court: (1) counsel notification issues and (2) the demand for lethal injection.

 

On 06/22/06, Lightbourne filed a 3.850 Appeal to the FloridaSupreme Court.  On 12/14/06, Lightbourne’s case was relinquished to theCircuit Court regarding the legality of Florida’s lethal injectionprocedures.  On 04/16/07, the Court affirmed the trial court’s denial ofLightbourne’s 3.850 Motion. 

 

On 12/14/06, Lightbourne filed a petition seeking to invokethe Florida Supreme Court’s All Writs jurisdiction.  The Florida SupremeCourt relinquished jurisdiction to the Circuit Court on 12/14/06.  On12/14/16, jurisdiction was relinquished to the Circuit Court in the All WritsPetition filed by Lightbourne in the Florida Supreme Court.  The petitionwas denied 09/10/07 in an order that also terminated the temporary stay ofexecution ordered by the Florida Supreme Court on 07/22/07.  On 11/01/07,the Florida Supreme Court issued an opinion affirmed the circuit court’s denialof Lightbourne’s All Writs Petition.  On 11/05/07, Lightbourne filed a Motionfor rehearing which was denied on 11/07/07.

 

On 04/03/08, Lightbourne filed a Petition for Writ ofCertiorari in the United States Supreme Court.  This petition was deniedon 05/19/08.

 

Lightbourne filed a 3.851 Motion in the State Circuit Courton 11/29/10. This case is currently pending.

 

Institutional Adjustment:

 

DATE         DAYS      VIOLATION                                  LOCATION      

---------          ---       ---------------------------               -------------------

10/17/89         30        DISOBEYINGORDER                   NEW RIVER "O" UNIT 

10/27/89         60        DISOBEYINGORDER                   FLORIDA STATE PRISON

04/15/91         30        DISOBEYINGORDER                   FLORIDA STATE PRISON

04/18/91         30        DISOBEYINGORDER                   FLORIDA STATE PRISON

03/30/92         30        DISOBEYINGORDER                   FLORIDA STATE PRISON

05/06/92         0          DISOBEYINGORDER                   FLORIDA STATE PRISON

09/26/94         0          UNAUTH USE OFDRUGS            UNION C. I.        

12/31/94         0          DISOBEYINGORDER                   UNION C. I.        

12/17/96         0          UNAUTH USE OFDRUGS            UNION C. I.        

07/23/97         0          MAILVIOLATIONS                       UNION C. I.        

01/06/99         0          FIGHTING                                        UNION C. I.        

05/03/02         0          POSS OFNARCOTICS                   UNION C. I.        

06/16/04         0          REF. SUB. ABUSETEST                UNION C. I.        

_______________________________________________________________________

 

Report Date:   10/18/04          NRC

Approved:       10/18/04          JFL

Updated:         03/21/11          EMJ