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
WhitfieldErnest 764970CCRC-MCase Summary

Last Action

DateCourtCase NumberLast Action
10/5/2007USDC-M07-1823Habeas Petition filed
1/17/2008USDC-M07-1823State
9/18/2008USDC-M07-1823EH
9/24/2008USDC-M07-1823Motion to Dismiss granted
11/10/2008USCA08-16162Habeas Petition Appeal filed
3/11/2009USCA08-16162Certificate of Appealability denied
8/10/2010USCA08-16162Mandate issued
8/12/2010USCA08-16162Remanded to USDC for fact finding and further proceedings
7/22/2009USSC09-5776Petition for Writ of Certiorari filed
9/3/2009USSC09-5776Response brief filed
6/21/2010USSC09-5776Petition for Certiorari granted, judgment vacated and case remanded

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
ReassignedCCRC-MTampa, FL3801 Corporex Park Dr Ste 21033619813/740-3544 

Cases

Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
Reassigned95-1588F & 95-1951FRapkinSarasotaMiddle2/6/2002 

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 on for statistical or legal purposes.

 

WHITFIELD, Ernest (B/M)

DC #   764970

DOB: 04/09/67

 

Twelfth Judicial Circuit, Sarasota County, Case #95-1588,95-1951

Sentencing Judge: The Honorable Harry Rapkin

Trial Attorney: Charles Williams - Assistant Public Defender

Attorney, Direct Appeal: Douglas S. Connor - AssistantPublic Defender

Attorney, Collateral Appeal: Peter Cannon & DaphneyGaylord – CCRC-M

 

Date of Offense: 06/19/95

Date of Sentence: 10/20/95

 

Circumstances of Offense:

 

Ernest Whitfield was convicted and sentenced to death forthe 06/19/95 murder of Claretha Reynolds.

 

In June of 1995, Ernest Whitfield visited the home ofClaretha Reynolds.  While there, he asked Reynolds, Willie Mae Brooks (wholived with Reynolds) and Estella Pierre for money.  Estella Pierre wasWhitfield’s former girlfriend.  When all three women refused, Whitfieldattempted to grab Pierre’s purse.  Reynolds put Whitfield into a headlockand proceeded to throw him out of her house.  Before leaving, Whitfieldexclaimed, “I am going to kill all three of you bitches.”

 

In the early morning of 06/19/95, Whitfield tried to getBrooks to let him into Reynold’s home.  Brooks turned him away and wentback to sleep in the room she shared with her one-year-old child. Whitfield then broke into Reynolds’ home armed with a large knife. Whitfield proceeded into the bedroom where Brooks and her child laysleeping.  He raped Brooks and motioned that he would stab her if she madeany noise.  Whitfield left Brooks and went into the bedroom where Reynoldsand her five children were sleeping.  A few moments later, Reynoldsstaggered into Brook’s room, asking her to lock her door.  Whitfield hadstabbed Reynolds numerous times and she told Brooks that she was dying. Brooks and one of Reynolds’ daughters escaped through the bedroom window andran to a neighbor’s house to call for help.

 

Whitfield fled the scene and Reynolds died soon after thepolice arrived.  After his arrest, Whitfield confessed to stabbingReynolds and showed authorities to the murder weapon.  Whitfield alsoadmitted to being high on crack cocaine at the time of the crime.

 

 

Prior Incarceration History in the State of Florida:

 

 

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

11/5/89

BURGUNOCCSTRUC/CV OR ATT.

2/6/90

SARASOTA

8903621

1Y 0M 1D

1/11/91

AGG BATTERY INTENDED HARM

9/26/91

SARASOTA

9100170

3Y 0M 0D

9/30/92

AGG BATTERY INTENDED HARM

7/6/93

SARASOTA

9202689

1Y 6M 0D

 

 

Trial Summary:

 

07/07/95         The defendant was indicted on the following charges:

                                   Count I:          First-Degree Murder

                                   Count II:         Armed Burglary

                                   Count III:        Sexual Battery w/DeadlyWeapon

09/28/95         The defendant was found guilty on all counts charged in the indictment.

09/28/95         Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the

imposition of thedeath penalty.

10/20/95         The defendant was sentenced as followed:

                                   Count I:          First-Degree Murder - Death

                                   Count II:         Armed Burglary - Life

                                   Count III:        Sexual Battery w/DeadlyWeapon - Life

 

Appeal Summary:

 

Florida Supreme Court - Direct Appeal

FSC# 86,775

706 So. 2d 1 (Fla. 1997)

 

11/02/95          Appeal filed.

09/11/97          FSC affirmed convictions and sentence ofdeath.

11/20/97          Rehearing denied.

03/23/98          Mandate issued.

 

United States Supreme Court - Petition for Writ ofCertiorari

USSC# 97-9201

525 U.S. 840 (U.S.1998)

 

05/20/98          Petition filed.

10/05/98          Petition denied.

 

State Circuit Court - 3.850 Motion

CC# 95-1588

 

11/09/98          Motion filed.

05/06/02          Amended Motion filed.

03/17/04          Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC# 04-651

923 So.2d 375

 

04/15/04          Appeal filed.

11/03/05          FSC affirmed the denial of Whitfield’s3.850 Motion.

02/17/06          Rehearing denied.

03/06/06          Mandate issued.

 

United States District Court, Middle District – HabeasPetition

USDC# 07-1823

 

10/05/07          Petition filed.

01/17/08          State’s Motion to Dismiss Petition filed.

09/18/08          Evidentiary Hearing held.

09/24/08          Petition dismissed.

 

United States Court of Appeals, 11th Circuit – HabeasPetition Appeal

USCA# 08-16162

 

11/10/08          Appeal filed.

03/11/09          Certificate of Appealability denied.

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 09-5776

130 S.Ct. 3451

 

07/22/09          Petition filed

06/21/10          Petition granted, judgment vacated andcase remanded

 

United States Court of Appeals, 11th Circuit – HabeasPetition Appeal

USCA# 08-16162

 

08/10/10          Case remanded to USDC for fact finding andfurther proceedings

 

United States District Court, Middle District – HabeasPetition

USDC# 07-1823

(pending)

 

 

Factors Contributing to the Delay in the Imposition ofthe Sentence:

 

The delay in this case is Whitfield’s 3.850 Motion, whichwas pending in the State Circuit Court for over five years. 

 

Case Information:

 

On 11/02/95, Whitfield filed a Direct Appeal in the FloridaSupreme Court.  In that appeal, he argued that the trial court erred inremoving him from the courtroom during jury selection.  The FloridaSupreme Court noted that Whitfield asked to be removed from thecourtroom.  Despite Whitfield’s counsel’s request to send him back to hiscell because his behavior was instilling prejudice in his case, the trial judgemade extraordinary efforts to convince Whitfield to stay.  The FloridaSupreme Court found that the trial judge did not abuse his discretion on theissue.  Whitfield also contended that the trial court erred in admittingtestimony regarding the incident where Whitfield attempted to snatch Pierre’spurse and that the prosecutor introduced irrelevant evidence during the penaltyphase.  Whitfield additionally argued the consideration and application ofaggravating and mitigating circumstances.  The Florida Supreme Courtaffirmed the convictions and sentence of death on 09/11/97.

 

Whitfield next filed a Petition for Writ of Certiorari inthe United States Supreme Court, which was denied on 10/05/98.

 

Whitfield filed a 3.850 Motion in the State Circuit Court on11/09/98.  Whitfield raised 21 claims in the motion all of which the courtdenied relief.  The motion was denied on 03/17/04. 

 

Whitfield then filed an appeal of the 3.850 Motion decisionin the Florida Supreme Court.  Whitefield raised six claims in his appeal,five of which related to ineffective assistance of counsel.  Whitfieldargued that his trial defense counsel failed to do the following: adequatelypresent the voluntary intoxication defense to first-degree murder, provide aspeedy trial, call additional witnesses to corroborate his backgroundinformation, request jury instruction, and object to the prosecutor’spresentation of nonstatutory aggravators.  Whitfield’s final claim wasthat his rights were violated under Ake v. Oklahoma, 470 U.S. 68 (1985), byfailing to obtain an adequate mental health examination.  On 11/03/05, theFlorida Supreme Court denied all of Whitfield’s claims and affirmed the CircuitCourt’s denial of postconviction relief.

 

On 10/05/07, Whitfield filed a Habeas Petition in the UnitedStates District Court, Middle District.  On 01/17/08, the State filed aMotion to Dismiss.  An Evidentiary Hearing was held on 09/18/08 and theState’s Motion to Dismiss was granted.

 

On 11/10/08, Whitfield filed a Habeas Petition Appeal in theUnited States Court of Appeals, 11th Circuit.  On 03/11/09, the UnitedStates Court of Appeals, 11th Circuit, denied the certificate ofappealability.  On 08/10/10, the United States Court of Appeals, 11thCircuit, issued a mandate.

 

Whitfield filed a Petition for Writ of Certiorari in theUnited States Supreme Court on 7/22/09.  On 6/21/10, the petition wasgranted, judgment vacated and the case remanded for further consideration inlight of Holland v. Florida.

 

On 08/10/10, the United States Court of Appeals, 11thCircuit, remanded the case to the United States District Court, MiddleDistrict, for fact finding and further proceedings.

 

The case is currently pending in the United States DistrictCourt, Middle District.

 

Institutional Adjustment:

 

 

DATE

DAYS

VIOLATION

LOCATION

09/10/96

30

SPOKEN THREATS

FLORIDA STATE PRISON

10/03/97

0

DISRESP.TO OFFICIALS

UNION C. I.

05/05/98

0

DISOBEYING ORDER

UNION C. I.

07/22/98

0

DISOBEYING ORDER

UNION C. I.

10/20/98

0

SPOKEN THREATS

UNION C. I.

08/04/99

0

DISRESP.TO OFFICIALS

UNION C. I.

12/08/99

0

DISORDERLY CONDUCT

UNION C. I.

04/15/00

0

VISITING VIOLATIONS

UNION C. I.

03/28/01

0

FIGHTING

UNION C. I.

04/26/01

0

DISRESP.TO OFFICIALS

UNION C. I.

08/10/01

60

LYING TO STAFF

UNION C. I.

04/12/02

90

SEX ACTS

UNION C. I.

02/01/04

60

DISRESP.TO OFFICIALS

UNION C. I.

02/01/04

90

SPOKEN THREATS

UNION C.I.

02/01/04

60

LYING TO STAFF

UNION C.I.

02/01/04

30

FAILURE TO COMPLY

UNION C.I.

02/06/04

60

DISOBEYING ORDER

UNION C.I.

06/10/04

60

DISOBEYING ORDER

UNION C.I.

06/16/04

30

SPOKEN THREATS

UNION C.I.

01/30/05

60

DISORDERLY CONDUCT

UNION C.I.

 

____________________________________________________________________

 

Reported         03/16/03          EW

Approved        03/24/03          WS

Updated          11/17/10          MJH