The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor statistical or legal purposes.
MANN, Larry Eugene (W/M)
DC# 077663
DOB: 06/09/53
Sixth Judicial Circuit, Pinellas County, Case# 80-8741
Sentencing Judge: The Honorable Philip A. Federico
Attorneys, Trial: Susan F. Schaeffer & Patrick D.Doherty – Private
Attorney, Direct Appeal: David A. Davis – AssistantPublic Defender
Attorney, Collateral Appeals: Marie-Louise Parmer& Leslie Scalley – CCRC-M
Date of Offense: 11/04/80
Date of Sentence: 03/26/81
Date of Resentence (I): 01/14/83
Date of Resentence (II): 03/02/90
Circumstances of the Offense:
At approximately 10:30 a.m. on 11/04/80, 10-year-old, ElisaNelson was riding her bike to school. She was late for school because she had adentist appointment that morning, and her mother had given her a note excusingher absence. Elisa’s bicycle was found later that day in a ditch approximatelyone mile from Elisa’s school. A search party, which included police officers andcommunity members, was initiated. Elisa’s body was found on 11/05/80.Elisa died from a skull fracture possibly caused by a single blow to the head.A cement-encased steel pipe was found lying next to the body. There were twolacerations approximately 3.5 and 4.5 inches along the girl’s neck. The medicalexaminer could not discern if the lacerations were made before or after thechild’s death, but they were not the cause of death. There were no signs ofmolestation on the body.
The same day that Elisa disappeared, Larry Mann attempted tocommit suicide by slashing both of his forearms. The police were summoned tohelp, and Mann stated to them that he had “done something stupid and neededhelp.” Mann was taken to the hospital were the doctor ruled that Mann had madea serious attempt to end his life. On 11/08/80, Mann asked his wife to retrievehis glasses from his 1957 Chevy pickup truck. Upon doing so, Mrs. Mann foundthe bloodstained note that Elisa’s mother had written to excuse her fromschool. A friend of Mrs. Mann’s reported this finding to the police and thatresulted in a search warrant of Mann’s truck and house. Inside the truck, abloodstain was found with the same blood type as both Mann and Elisa. On11/10/80, Mann was arrested.
Prior to the above incident, Mann had previously attemptedsuicide at least three or four times. Mann also has a history of pedophilia andpsychotic depressions.
Trial Summary:
11/18/80 Defendant indicted on the following charges:
CountI: First-Degree Murder
CountII: Kidnapping
11/20/80 Defendant entered a written plea of not guilty
03/19/81 Defendant found guilty on both counts
03/20/81 A majority of the jury recommended the death penalty.
03/26/81 The defendant was sentenced as follows:
CountI: First-Degree Murder – Death
CountII: Kidnapping – 99years to run consecutive to Count I
09/02/82 Trial remanded to Circuit Court for resentencing by FSC
01/14/83 Order denying advisory jury panel
01/14/83 Defendant resentenced as follows:
CountI: First-Degree Murder – Death
CountII: Kidnapping – 99years to run consecutive to Count I
04/02/88 Trial remanded to Circuit Court for resentencing by the USCA 11th Circuit
02/06/90 Upon advisory sentencing, the jury, by a 9-3 majority, voted for the deathpenalty.
03/02/90 Defendant was resentenced to death on Count I, First-Degree Murder.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 60,569
420 So. 2d 578
05/04/81 Appeal filed
09/02/82 FSC affirmed the conviction but vacated death sentence
11/03/82 Rehearing denied
12/07/82 Mandate issued
Florida Supreme Court – Direct Appeal (RS 1)
FSC# 63,438
453 So. 2d 784
03/25/83 Appeal filed
05/24/84 FSC affirmed the conviction and sentence
08/30/84 Rehearing denied
10/12/84 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 84-5632
469 U.S. 1181
10/22/84 Petition filed
01/14/85 Petition denied
State Circuit Court – 3.850 Motion
CC# 80-8741
01/30/86 Motion filed
01/31/86 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 68,261
482 So. 2d 1360
02/01/86 Appeal filed
02/01/86 FSC affirmed trial court denial of the postconviction relief. Therehearing was denied.
02/10/86 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 68,262
482 So. 2d 1360
02/01/86 Petition filed
02/01/86 Petition and rehearing denied
02/10/86 Mandate issued
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 86-135
02/03/86 Petition filed
02/19/86 Petition denied
United States Court of Appeals, 11th Circuit – Petition for Habeas Corpus
USCA# 86-3182
817 F.2d 1471
03/19/86 Appeal filed
05/14/87 USCA denied relief for the conviction but reversed the sentence and
remanded the case for resentencing
09/10/87 Vacated previous opinion and petition for rehearing in banc granted
12/14/87 Case reheard
04/21/88 USDA denied relief for the conviction but reversed the sentence and
remanded the case for resentencing
United States Supreme Court – Petition for Certiorarifiled by the State
USSC# 87-2073
489 U.S. 1071
06/19/88 Petition filed
03/06/89 Petition denied
Florida State Supreme Court – Direct Appeal (RS II)
FSC# 75,952
603 So. 2d 1141
05/04/90 Appeal filed
04/02/92 FSC affirmed the conviction and sentence
08/27/92 Revised opinion and rehearing denied
09/28/92 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 92-6757
506 U.S. 1085
11/25/92 Petition filed
01/19/93 Petition denied
State Circuit Court – 3.850 Motion
CC# 80-8471
04/28/94 Motion filed
04/22/96 Motion denied in part and evidentiary hearing granted
03/27/97 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 90,452
697 So. 2d 511
04/30/97 Appeal filed
06/25/97 Appeal dismissed
State Circuit Court – 3.850 Motion
CC# 80-8741
07/07/97 Motion filed
07/29/98 Motion denied on most issues but an evidentiary hearing was ordered
12/01/98 Evidentiary hearing held
01/13/99 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 94,885
770 So. 2d 1158
02/15/99 Appeal filed
09/28/00 FSC affirmed the trial court’s denial of the 3.850 Motion
10/31/00 Rehearing denied
11/27/00 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 00-2602
794 So. 2d 595
12/20/00 Petition filed
07/12/01 Petition denied
09/05/01 Rehearing denied
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 01-7092
536 U.S. 962; 122 S. Ct. 2669; 153 L. Ed. 2d 843
11/28/01 Petition filed
06/28/02 Petition denied
State Circuit Court – 3.850 Motion
CC# 80-8471
08/06/02 Motion filed
10/22/02 Motion denied
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 02-1439
08/09/02 Petition filed
08/16/02 Administratively closed
11/18/04 Case reopened
01/18/05 Petition amended
11/10/10 Petition denied
12/09/10 Motion to Alter Judgment filed
01/21/11 Motion denied
02/22/11 Certificate of Appealability filed
Florida Supreme Court – 3.850 Appeal
FSC# 03-394
868 So.2d 524
03/17/03 Appeal filed
02/02/04 FSC affirmed the trial court’s denial of the 3.850 Motion
04/26/04 Rehearing denied
State Circuit Court – 3.851 Motion
CC# 80-8741
04/16/07 Motion filed
09/21/07 Amended Motion filed
11/21/07 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC# 08-62
01/11/08 Appeal filed
02/06/09 Disposition affirmed
United States Court of Appeals – Habeas Appeal
USCA# 11-10855
(Pending)
02/22/11 Appeal filed
Death Warrant:
01/07/86 Death Warrant signed by Governor Bob Graham
02/03/86 United States District Court, Middle District, granted a stay of execution
Clemency Hearing:
11/20/85 Clemency hearing denied
Factors Contributing to the Delay in Imposition ofSentence:
The main factor that has contributed to the delay in thiscase in the fact that Mann has been resentenced twice. Additional factorsare the number of appeals that have been filed in addition to the 3.850 Motionthat was filed on 04/28/94 was pending for three years and a Petition for Writof Habeas Corpus that was pending for eight years in the United States DistrictCourt, Middle District.
Case Information:
Mann filed a Direct Appeal to the Florida Supreme Court on05/04/81. Mann contended that the trial court improperly allowed intoevidence the bloodstains found in his truck due to the fact that the blood typematched both him and the victim. The Court ruled that the trial courtproperly admitted this evidence and found the conviction free from substantiveerror. The conviction was affirmed. In regard to his sentencing,the Court found that the trial court improperly applied the aggravating factorsof prior conviction of a felony involving violence and the homicide to havebeen committed in a cold, premeditated manner. The Court vacated thesentence and remanded the case to the trial court for a new sentencingproceeding without a jury.
Mann was resentenced to death by the Circuit Court on01/14/83. He filed a Direct Appeal after resentencing to the FloridaSupreme Court on 03/25/83. Mann contended that the Court’s originalopinion barred the state from presenting additional evidence at theresentencing. The Court found no error and affirmed the sentence ofdeath.
Mann filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 10/22/84. The petition was denied on 01/14/84.
Governor Graham signed a Death Warrant for Mann on 01/07/86. A 3.850 motion and a stay of execution were filed to the Circuit Court on01/30/86. The motion and the stay of execution were denied on 01/31/86. On 01/31/86, Mann filed for a stay of execution pending the appeal on01/31/86, the stay was denied on the same day. On 02/01/86 Mann filed a3.850 appeal, a Petition for Writ of Habeas Corpus, and a stay of execution tothe Florida Supreme Court. Mann’s main claim was ineffective trial counselbecause of his attorney’s failure to object to statements made by theprosecutor during closing arguments of the penalty phase. The Court ruledthat these comments did not constitute a reversible error. The Courtdenied the habeas and the stay and affirmed the trial court’s denial of the3.850 motion on 02/01/86. No rehearing was allowed and a mandate wasissued on 02/10/86.
On 02/03/86, Mann filed a petition for Writ of Habeas Corpuswith the United States District Court, Middle District. The District Courtgranted the stay of execution on 02/03/86, but denied the Habeas on 02/19/86.
On 03/19/86, Mann filed Habeas Appeal to the United StatesCourt of Appeals, Eleventh Circuit. Mann raised only one issue inreference to his conviction. He states that he was involuntarily absentfrom the jury’s presence when they were allowed to view the crime scene, whichviolated his rights under the 6th, 8th, and 14th Amendments. The USCAfound this to be a harmless error and denied all relief as to his conviction.In regard to his sentence, Mann raised five issues. Three did not entitleMann to relief, but the claim that the court diminished the jury’s sense ofresponsibility in imposing the death sentence entitled Mann to relief in theform of a resentencing proceeding. Due to this finding, the USCA statedthat the need to render a comment on the fifth issue was moot. Thesentence was reversed and the case was remanded to the circuit court for a newjury sentencing proceeding on 05/14/87. On 09/10/87 the previous opinionwas vacated and a rehearing en banc was scheduled. The case was reheard en bancon 12/14/87, and a new opinion was issued on 04/02/88 again reversing thesentence and remanding the case to the circuit court for re-sentencing.
The State filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 06/19/88. The petition was denied on 03/06/89. On 02/06/90, a jury recommended the death penalty by majority. Mannwas resentenced to death on Count I, Murder in the First Degree on 03/02/90.
Mann filed a Direct Appeal to the Florida Supreme Court on05/04/90. The Court affirmed the sentence of death on 04/02/92. Therehearing was denied and a revised opinion was issued on 08/27/92. TheCourt again affirmed the sentence of death. A mandate was issued on09/28/92.
Mann filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 11/25/92. The petition was denied on 01/19/93.
A 3.850 Motion was filed to the Circuit Court on 04/28/94. The motion was denied in part and an evidentiary hearing was granted. The motion was denied on 03/27/97. A 3.850 Appeal was filed in theFlorida Supreme Court on 04/30/97. The appeal was dismissed and CCRC wasdirected to file an amended 3.850 motion within ten days on 06/25/97. Anamended 3.850 Motion was filed to the Circuit Court on 07/07/97. Themotion was granted in part and an evidentiary hearing was granted on 07/29/98. The evidentiary hearing was held on 12/01/98 and the motion was denied on01/13/99. A 3.850 Appeal was filed in the Florida Supreme Court on 02/15/99. Mann raised ten issues. The Court found five to be procedurallybarred and the remaining issues without merit. On 09/28/00, they affirmedthe trial court’s denial of the 3.850 Motion. The rehearing was denied on10/31/00, and the mandate was issued on 11/27/00.
Mann filed a Petition for Writ of Habeas Corpus on 12/20/00to the Florida Supreme Court. The State claimed that the Florida Rule ofAppellate Procedure 9.140 bars Mann’s Petition for Writ of Habeas Corpus. The Court did not bar the petition under Rule 9.140, but stated that asof 01/01/02, all petitions for extraordinary relief must be filedsimultaneously with the initial brief appealing the denial of a rule 3.850Motion. The Court accepted the Petition and addressed Mann’s five issues.The claims raised were either without merit, rejected, or procedurally barred;therefore, the Court denied the petition on 07/12/01. The rehearing was deniedon 09/05/01.
Mann filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 11/28/01. The petition was denied on 06/28/02.
Mann filed a 3.851 Motion to the State Circuit Court on08/06/02. The motion was denied on 10/22/02.
On 08/09/02, Mann filed a Petition for Writ of Habeas Corpusto the United States District Court, Middle District. It wasadministratively closed on 08/16/02 due to pending cases in the CircuitCourt. The case was reopened on 11/18/04. The petition was amendedon 01/18/05. On 11/10/10, the petition was denied. A Motion to AlterJudgment was filed on 12/09/10, and it was denied on 01/21/11. A Certificate ofAppealability was filed on 02/22/11.
Mann filed a 3.850 Appeal to the Florida Supreme Court on03/17/03. The Court affirmed the trial court’s denial of Mann’s 3.850Motion.
On 04/16/07, a 3.851 motion was filed with the State CircuitCourt. Mann amended this motion on 09/21/07. This successive motionwas denied 11/21/07.
On 01/11/08, Mann filed a 3.851 Appeal to the FloridaSupreme Court. On 02/06/09, the Florida Supreme Court affirmeddisposition of the State Circuit Court.
Mann filed a Habeas Appeal in the United States Court ofAppeals on 02/22/11. This case is currently pending.
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Report Date: 12/04/01 NMP
Approved: 12/10/04 WS
Updated: 03/09/11 EMJ