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.
SIMS, Merit A. (B/M)
DOB: 08/10/66
11th Judicial Circuit, Dade County, Case #91-22048
Sentencing Judge: The Honorable Thomas Carney
Attorneys, Trial: Clinton Pitts and Author Carter – Private
Attorney, Direct Appeal: Christina A. Spaulding – AssistantPublic Defender
Attorney, Collateral Appeals: Benjamin Duke – Private
Date of Offense: 06/11/91
Date of Sentence: 03/18/94
Circumstances of Offense:
Merrit Alonso Sims was convicted and sentenced to death forthe murder of law enforcement officer Charles Stafford.
On 06/11/91, Miami Springs Police Officer Charles Staffordpulled over Merrit A. Sims because Stafford believed that Sims was driving astolen car. While Stafford was in the process of handcuffing Sims, Simshit the officer in the head with his police radio and took Stafford’s firearmaway from him. Sims shot Stafford with the firearm twice. He thendrove to a park and threw the firearm into a river. The next day Simsfound a friend to cut off the handcuffs. Sims traveled to California bybus to find his ex-girlfriend and two children, and Sims subsequently wasarrested. He confessed to killing Officer Stafford; however, he said thatthe act was in self-defense. Sims waived extradition and was returned toFlorida to stand trial.
Prior Incarceration History in the State of Florida:
| Offense Date | Offense | Sentence Date | County | Case No. | Sentence Length |
| 6/6/90 | Robbery w/ Firearm or Deadly Weapon | 11/14/90 | | 9023547 | 2 Years, 6 Months |
| 9/24/90 | Grand Theft Firearm | 11/14/90 | Dade | 9038313 | 2 Years, 6 Months |
On 11/14/90, Merrit Sims was convicted of Robbery with aFirearm and Grand Theft with a Firearm and sentenced to two years and sixmonths. Sims was released on 04/16/91.
Trial Summary:
07/17/91 Indicted on the following counts:
Count I: First-DegreeMurder of a Law Enforcement Officer
Count II: ArmedRobbery
Count III: UnlawfulPossession of a Firearm by a Convicted Felon
07/18/91 Sims entered a not guilty plea.
01/12/94 The jury returned guilty verdicts forCounts I, II, and III of the indictment.
02/04/94 Upon advisory sentencing, the jury, by an8 to 4 majority, voted for the
death penalty.
03/18/94 Sims was sentenced as follows:
Count I: First-Degree Murder of a Law EnforcementOfficer – Death
Count II: Armed Robbery – 75 years, less 981 daysfor time served
Count III: Unlawful Possession of a Firearm by aConvicted Felon – Nolle Prossed
Appeals Summary:
Florida Supreme Court – Direct Appeal
FSC #83,612
681 So. 2d 1112
04/27/94 Appeal filed.
07/18/96 FSC affirmed the conviction and sentence.
10/24/96 Rehearing denied.
11/25/96 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #96-7631
520 U.S. 1199
01/28/97 Petition filed.
04/28/97 USSC denied the petition.
Circuit Court – 3.850 Motion
CC #91-22048
04/07/98 Motion filed.
06/28/99 Amended Motion filed.
07/30/04 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC# 04-1879
967 So.2d 148 (2007)
09/20/04 Appeal filed.
04/03/06 FSC relinquished jurisdiction to the Circuit Court to consider the
ineffectiveassistance of counsel claim.
07/25/06 Evidentiary Hearing held in Circuit Court
08/08/06 Case returned to FSC
07/12/07 FSC reversed denial of motion and remanded for new trial
07/26/07 State’s Motion for Rehearing filed
10/11/07 State’s Motion for Rehearing denied
10/29/07 Mandate issued.
Factors Contributing to the Delay in Execution ofSentence:
The 3.850 Motion was pending from 04/07/98 – 07/30/04.
As mandated 10/29/07, Sims is currently awaiting a new trialin the Circuit Court. He was effectively removed from death row on11/12/07.
Case Information:
Merrit Alonso Sims filed his Direct Appeal in the FloridaSupreme Court on 04/27/94. Sims raised several issues on appeal. One issue was that the defense was not allowed to rebut the testimony of aprosecution witness. Another issue was that the trial court allowed theprosecution to act improperly. Sims also argued that the mitigating andaggravating factors were not sufficiently reviewed. The Florida SupremeCourt did not find a basis for reversal of the conviction or sentence. The Florida Supreme Court affirmed the conviction and sentence on 07/18/96. Rehearing was denied on 10/24/96. A Mandate was issued 11/25/96.
On 01/28/97, Sims filed a Petition for Writ of Certiorari inthe United States Supreme Court. The United States Supreme Court deniedthe petition on 04/28/97.
Sims filed a 3.850 Motion in the Circuit Court on 04/07/98and an amended motion on 06/28/99. The motion was denied on 07/30/04.
Sims filed a 3.850 Motion Appeal in the Florida SupremeCourt on 09/20/04. On 04/03/06, the FSC relinquished jurisdiction to theCircuit Court to consider the ineffective assistance of counsel claim. On07/25/06, an Evidentiary Hearing was held in the Circuit Court. On08/08/06, the case was returned to the FSC. Having met the burden ofestablishing that his trial counsel was ineffective, the FSC reversed denial ofmotion on 07/12/07 and remanded for a new trial. On 07/26/07, the Statefiled a Motion for Rehearing, which was denied on 10/11/07. A mandate wasissued with the Florida Supreme Court in this case on 10/29/07.
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Report Date: 12/28/01 S.Q
Approved: 02/01/02 W.S.
Updated: 03/24/08 AEH