The Commission on Capital Cases updates this informationregularly. This information, however, is subject to change and may notreflect the latest status of an inmate’s case and should not be relied on forstatistical or legal purposes.
COX, Allen (W/M)
DC # 188854
DOB: 09/20/62
Fifth Judicial Circuit, Lake County, Case #99-249
Sentencing Judge: The Honorable T. Michael Johnson
Attorneys, Criminal Trial: William Stone & JeffreyHiggins - Assistant Public Defenders
Attorney, Direct Appeal: Christopher S. Quarles – AssistantPublic Defender
Attorney, Collateral Appeals: Nathaniel Plucker, DavidGemmer, & Marie Parmer – CCRC-M
Date ofOffense: 12/21/98
Date of Sentence: 07/24/00
Circumstances of Offense:
Allen Ward Cox was convicted and sentenced to death for themurder of Thomas Baker. The murder occurred on 12/21/98 at the Lake CorrectionalInstitute, where Cox was an inmate serving several life sentences forkidnapping, sexual battery and aggravated battery.
On 12/20/98, Cox noticed that someone had broken into hispersonal footlocker and stolen $500. According to the testimony ofseveral inmates, Cox announced to the other inmates in his dormitory that hewould give $50 to anyone who would identify the thief. Cox threatened tokill the thief upon discovering his identity and indicated no concern for theconsequences.
On 12/21/98, during the inmate’s lunch hour, Cox motionedfor Thomas Baker to come over to him. Cox hit Baker, knocking him to theground. Baker struggled to free himself from the attack and repeatedlydenied stealing the $500. Cox then stabbed Baker three times with anice-pick-shaped shank[1]. Cox fled behind the prisonpump house and hid the shank in a pipe.
After being stabbed, Thomas Baker fled the scene to nearbycorrectional officers. Baker identified his attacker as “Big Al, EchoDorm, Quad Three.” Baker hysterically motioned to the officers that hewas having trouble breathing and could feel his lungs filling up withblood. Baker died en route to the hospital. Medical examinerstestified the fatal stab wound pierced Baker’s lungs and aorta.
Cox returned to his dorm where he confronted Donny Cox (norelation) about his stolen money. Cox threatened Donny and told him hewould kill him too if he had anything to do with the stolen money. Coxreturned to his cell where he attacked his cellmate Lawrence Wood. Coxtold Wood he was lucky because he would also have been stabbed if Cox had notalready discarded the shank.
Prior Incarceration History in the State of Florida:
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length |
| 10/29/1989 | KIDNAP;COMM.OR FAC.FELONY | 04/19/1991 | BROWARD | 9015497 | SENTENCED TO LIFE |
| 10/29/1989 | SEX BAT/THREAT W/DEADLY WPN. | 04/19/1991 | BROWARD | 9015497 | SENTENCED TO LIFE |
| 10/29/1989 | SEX BAT/THREAT W/DEADLY WPN.(ATTEMPTED) | 04/19/1991 | BROWARD | 9015497 | 30Y 0M 0D |
| 10/29/1989 | AGG BATTERY INTENDED HARM | 04/19/1991 | BROWARD | 9015497 | SENTENCED TO LIFE |
| 11/03/1989 | BURGLARY,ARMED W/EXP. OR WEAPO | 06/15/1990 | BROWARD | 8923664 | 17Y 0M 0D |
| 11/03/1989 | AGG BATTERY/W/DEADLY WEAPON | 06/15/1990 | BROWARD | 8923664 | 15Y 0M 0D |
| 04/30/1997 | INTRODUCE CONT.SUBSTANCE | 07/24/1997 | JACKSON | 9700408 | 1Y 0M 0D |
NOTE: Allen Cox was servingmultiple life sentences at Lake Correctional Institute at the time of thecurrent offense.
Trial Summary:
02/05/99 The defendant was indicted on the following charges:
Count I: First-Degree Murder
Count II: Battery(later pled guilty)
03/14/00 The jury found the defendant guilty of First-Degree Murder.
03/20/00 Upon advisory sentencing, the jury, by a 10 to 2 majority, voted for the deathpenalty.
07/24/00 The defendant was sentenced as followed:
Count I: First-Degree Murder - Death
Count II: Battery –5 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #SC00-1751
819 So. 2d 705
08/28/00 Appeal filed.
05/23/02 FSC affirmed the conviction and sentence of death.
07/23/02 Rehearing denied.
07/23/02 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #02-7094
537 U.S. 1120
10/21/02 Petition filed.
01/13/03 Petition denied.
State Circuit Court – 3.851 Motion
CC #99-249
01/08/04 Motion filed.
04/21/05 CC denied Motion.
Florida Supreme Court – 3.851 Motion Appeal
FSC# 05-914
966 So. 2d 337
05/23/05 Appeal filed.
07/05/07 FSC affirmed denial of motion.
10/11/07 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 06-40
966 So. 2d 337
01/17/06 Petition filed.
07/05/07 FSC denied petition.
10/11/07 Mandate issued.
State Circuit Court – 3.851 Motion
CC #99-249
10/02/07 Motion filed.
03/24/08 Motion denied.
04/08/08 Motion for rehearing.
United States District Court, Middle District-Petition for Writ of Habeas Corpus
USDC# 07-cv-00425
10/17/07 Petition filed.
04/08/09 Petition denied.
05/07/09 Certificate of Appealability filed
06/05/09 Certificate denied
Florida Supreme Court – 3.850 Appeal
FSC #08-887
5 So. 3d 659
05/12/08 Appeal filed
03/12/09 Appeal denied
United States Court of Appeals, 11thCircuit – Habeas Appeal
USCA #09-12480
05/19/09 Appeal filed.
08/09/10 USCA remanded COA for reconsideration
Case Information:
On 08/28/00, Allen Cox filed a Direct Appeal in the FloridaSupreme Court. In that appeal, he argued that the trial court erred infailing to declare a mistrial following a discovery violation by the State anda testimonial violation of an order in limine. The Florida Supreme Courtnoted that, although a discovery violation did occur, it was inadvertent anddid not prejudice Cox’s case and that the trial court gave the proper curativeinstruction following the violation of the order in limine. Cox claimedthat the prosecutor’s misstatements of the law constituted fundamental errorand that the trial court erred in the consideration and application ofaggravating and mitigating circumstances. The Florida Supreme Courtaffirmed Cox’s conviction and sentence of death on 05/23/02.
Cox next filed a Petition for Writ of Certiorari in theUnited States Supreme Court, which was denied 01/13/03.
Cox filed a 3.850 Motion in the State Circuit Court on01/08/04 that was denied on 04/21/05.
Cox filed a 3.851 Motion Appeal in the Florida Supreme Courton 05/23/05. On 07/05/07, the FSC affirmed the denial of themotion. A Mandate was issued on 10/11/07.
Cox filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 01/17/06 that was denied on 07/05/07. On10/11/07, a Mandate was issued.
On 10/02/07, Cox filed a Successive Motion forPostconviction Relief in the State Circuit Court that was denied on 03/24/08.
Cox filed a Petition for Writ of Habeas Corpus in the UnitedStates District Court, Middle District on 10/17/07. This petition wasdenied on 04/08/09. Cox filed a Certificate of Appealability on 05/0709, and itwas denied on 06/05/09.
On 05/12/08, Cox filed a 3.850 Motion Appeal in the FloridaSupreme Court. This petition was denied on 03/12/09.
On 05/19/09, Cox filed a Habeas Appeal in the United StatesCourt of Appeals. The USCA remanded the Certificate of Appealability back tothe United States District Court, Middle District on 08/09/10.
Institutional Adjustment: ALLEN WARD COX DC # 188854
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10/10/92 0 POSS OFUNAUTH BEV. RECEPTION
08/21/93 30 CONSUMEINTOXICANTS DADE C. I.
01/02/94 0 DISOBEYINGORDER DADE C.I.
01/04/95 0 DISORDERLYCONDUCT CHARLOTTE C.I.
08/18/95 90 POSS OFWEAPONS CHARLOTTEC.I.
11/23/95 60 USE OFALCOHOL CHARLOTTEC.I.
06/24/96 14 FIGHTING APALACHEE
09/20/96 0 POSS OFUNAUTH BEV. APALACHEE
09/23/96 0 USE OFALCOHOL APALACHEE
04/30/97 0 POSS OFNARCOTICS APALACHEE
04/30/97 0 UNAUTH USEOF DRUGS APALACHEE
10/29/97 0 FAILURE TOCOMPLY LAKE C.I.
01/21/98 15 POSS OFCONTRABAND LAKE C. I.
04/06/98 30 POSS OFCONTRABAND LAKE C.I.
08/25/98 90 ATTEMPT TOCONSPIRE LAKE C. I.
12/28/98 180 UNAUTH USEOF DRUGS LAKE C. I.