The Commission on Capital Cases updates this informationregularly. This information; however, issubject to change and may not reflect the latest status of an inmate’s case andshould not be relied upon for statistical or legal purposes.
HUFF, James (W/M)
DOB: 10/29/45
Fifth JudicialCircuit, SumterCounty Case # 80-94
Sentencing Judge: The Honorable L.R. Huffstetler
Attorney, Trial: Stan Cushman – Private
Attorney, Retrial: Mark Hill & Carla Pepperman – Private
Attorney, Direct Appeal: Robert Williams & ChristopherSmith – Private
Attorney, Direct Appeal (after retrial): Christopher Quarles– Assistant Public Defender
Attorney, Collateral Appeals: Frederick Vollrath – Private
Date of Offense: 04/21/80
Date of Sentence: 11/06/80
Date of Resentence: 06/02/84
Circumstances of Offense:
On 04/21/80, Norman and Genevieve Huffwere found shot to death in a remote area of Sumter County. The victims’ son, James Huff, was the firstperson to report the killing of his parents to a nearby resident. Huff told the resident that some men had runtheir car off the road, knocked him unconscious, and robbed and murdered hisparents.
The cause of death forMr. Huff was a gunshot wound to the left side of the head, in addition to otherbullet wounds to the left eye and right hand. The cause of death for Mrs. Huff was a combination of blunt traumainjury to the back of the head and a gunshot wound in the neck. Additionally, two other bullet wounds werefound in Mrs. Huff’s head.
Additional Information:
Huff died of naturalcauses (cancer) on 04/30/01,while in the custody of the Florida Department of Corrections.
Trial Summary:
06/02/80 Indicted as follows:
Count I: First-Degree Murder
Count II: First-Degree Murder
11/01/80 Jury returned guiltyverdicts on all counts of the indictment
11/03/80 Jury recommended deathby a majority vote
11/06/80 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: First-Degree Murder – Death
06/01/84 Jury returned guiltyverdicts on all counts of the original indictment
06/02/84 Huff waived a juryrecommendation and was resentenced to death
Appeal Summary:
FloridaSupreme Court – Direct Appeal
FSC# 59,989
437 So.2d 1087
12/01/80 Appeal filed
09/01/83 FSC reversed convictionsand vacated death sentences
10/07/83 Mandate issued
Florida Supreme Court – Direct Appeal (afterretrial)
FSC# 65,695
495 So.2d 145
08/01/84 Appeal filed
08/28/86 FSC affirmed convictionsand sentences
10/27/86 Rehearing denied
12/02/86 Mandate issued
Circuit Court– 3.850 Motion
CC# 80-94
12/05/88 Motion filed
03/15/89 CC struck Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 74,201
569 So.2d 1247
05/04/89 Appeal filed
10/11/90 FSC remanded the Motionfor reconsideration
11/15/90 Mandate issued
Circuit Court– 3.850 Motion (after remand)
CC# 80-94
09/09/91 CC denied Motion
U.S. District Court, Middle District – Petitionfor Writ of Habeas Corpus
USDC# 91-1481
10/18/91 Petition filed
02/13/92 USDC dismissed Petition
Florida Supreme Court – 3.850 Motion Appeal (afterreconsideration)
FSC# 79,276
622 So.2d 982
01/27/92 Appeal filed
07/01/93 FSC reversed the strike of3.850 Motion
09/03/93 Rehearing denied andMandate issued
Circuit Court– 3.850 Motion (after reversal)
CC# 80-94
09/03/93 Motion filed
11/08/96 Motion amended
10/27/97 CC denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 91,913
762 So.2d 476
12/01/97 Appeal filed
05/25/00 FSC affirmed denial of3.850 Motion
07/25/00 Rehearing denied
08/24/00 Mandate issued
U.S. Supreme Court – Petition for Writ ofCertiorari
USSC# 00-6444
531 U.S. 1082
10/06/00 Petition filed
01/08/01 USSC denied Petition
Clemency Hearing:
12/07/87 Clemency hearing held(denied).
Factors Contributing to the Delay in Imposition of Sentence:
The case was remandedseveral times, thus resulting in the delay. Also, the 3.850 Motion was pending from 09/03/93 until 10/27/97.
Case Information:
Hufffiled a Direct Appeal with the Florida Supreme Court on 12/01/80, citing the following errors:admitting circumstantial evidence as proof of guilt, excluding characterevidence, denying a motion for mistrial for prosecution comments during closingarguments, and excluding crime scene photographs. On 09/01/83, the FSC reversed the convictions, vacated thedeath sentences, and remanded the case to the circuit court.
Huffwas convicted and resentenced to death on 06/02/84.
Hufffiled a Direct Appeal with the Florida Supreme Court on 08/01/84, citing the following trialcourt errors: excluding a defense expertwitness; improper comments by the judge, failing to suppress an inculpatorystatement, allowing opinion testimony from witnesses, failing to grant a motionfor acquittal, and taking judicial notice of the proceedings from the firsttrial. On 08/28/86, the FSC affirmed the convictions andsentences.
Hufffiled a 3.850 Motion with the Circuit Court on 12/05/88 that was denied on 03/15/89.
Hufffiled a 3.850 Motion Appeal with the Florida Supreme Court on 05/04/89, citing error onthe part of the court for striking the Motion as untimely and filed by anattorney who is not a member of the Florida Bar. On 10/11/90, the FSC remanded the Motion to the Circuit Courtfor reconsideration.
TheCircuit Court denied the 3.850 Motion on 09/09/91.
Hufffiled a Petition for Writ of Habeas Corpus with the U.S. District Court, MiddleDistrict, on 10/18/91that was dismissed on 02/13/92.
Hufffiled a 3.850 Motion Appeal with the Florida Supreme Court on 01/27/92, citing dueprocess violations. On 07/01/93, the FSC ruled thatthe Circuit Court erred by not allowing Huff a hearing to determine if anevidentiary hearing should be held for the Motion. The denial of the 3.850 Motion was reversedand remanded to the Circuit Court.
Hufffiled a 3.850 Motion with the Circuit Court on 09/03/93 and amended the Motion on 11/08/96. The 3.850 Motion was denied on 10/27/97.
Hufffiled a 3.850 Motion Appeal with the Florida Supreme Court on 12/01/97, citing thefollowing errors: failing to find counselineffective, finding that Huff was not entitled to an evidentiary hearing onall issues, and failing to allow newly appointed counsel to file anotheramended motion. On 05/25/00, the FSC affirmed the denialof the 3.850 Motion.
Hufffiled a Petition for Writ of Certiorari with the U.S. Supreme Court on 10/06/00 that was denied on01/08/01.
Huff died of naturalcauses (cancer) on 04/30/01,while in the custody of the Florida Department of Corrections.
Institutional Adjustment:
THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE
FORVIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
09/30/99 0 DISRESP.TOOFFICIALS UNION C. I.
________________________________________________________________________
Report Date: 06/16/04 JFL
Approved: 06/21/04 EW