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.
DUEST, Lloyd (W/M)
DC# 089061
DOB: 10/27/51
Seventeenth Judicial Circuit, Broward County Case # 82-4283
Sentencing Judge: The Honorable Patricia W. Cocalis
Resentencing Judge: The Honorable Judge Susan Lebow
Attorney, Trial: Evan Baron – Private
Attorney, Direct Appeal: R.E. Conner – Private
Attorney, Collateral Appeals: Todd Scher– CCRC-S
Date of Offense: 02/15/82
Date of Sentence: 04/14/83
Date of Resentence: 10/26/00
Circumstances of Offense:
On 02/15/82, witnesses saw Lloyd Duestcarrying a knife in the waistband of his pants. Later that day, he told awitness that he was going to a gay bar to “roll a fag.” Duest was later seen at a bar with the victim, John Pope,and the two later left in Pope’s gold Camaro. When Pope’s roommate, David Shifflett, returned home,he found the house unlocked, the lights on, the stereo on with the volumeturned up, and blood on the bed. The roommate called the Sheriff’sDepartment, and when the deputy sheriff arrived, Pope was found on the bathroomfloor in a pool of blood, having suffered multiple stab wounds.
At trial, Duest presenteddocumentary and testimonial evidence that he was in Massachusetts on the day ofthe murder and did not arrive in Florida until 04/05/82. At trial, theState presented testimony from seven witnesses who claimed that they had seen Duest with John Pope in the hours before his death.
Trial Summary:
05/21/82 Indicted on one count of First-Degree Murder
03/18/83 Jury returned a guilty verdict
03/19/83 Jury recommended a death sentence by a vote of 7-5
04/14/83 Sentenced to death
10/14/98 Jury recommended a death sentence by a vote of 10-2
10/26/00 Resentenced to death
Additional Information:
Duest had prior convictions inMassachusetts for Armed Robbery and Armed Assault with Intent to Murder. The trial court used these convictions as aggravating circumstances in itssentencing order of 04/24/83.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 63,678
462 So. 2d 446
05/16/83 Appeal filed
01/10/85 FSC affirmed conviction and sentence
02/19/85 Rehearing denied and Mandate issued
Circuit Court – 3.850 Motion
CC# 82-4283
02/19/87 Motion filed
01/05/90 Motion denied
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 75,039
555 So. 2d 849
11/17/89 Petition filed
01/18/90 FSC denied the Petition for Writ of Habeas Corpus
Florida Supreme Court – 3.850 Motion Appeal
FSC# 75,254
555 So. 2d 849
01/11/90 Appeal filed
01/18/90 FSC affirmed the lower court’s denial of the 3.850 Motion
U.S. District Court, Southern District – Petition forWrit of Habeas Corpus
USDC# 90-6045
01/18/90 Petition filed
09/19/90 USDC denied Petition
U.S. Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 90-6009
967 F. 2d 472
12/03/90 Appeal filed
07/15/92 USCA affirmed conviction, but vacated sentence and remanded to the
USDC forreconsideration
U.S. Supreme Court – Petition for Writ of Certiorari(filed by State)
USSC# 92-1163
507 U.S. 1048
01/04/93 Petition filed
04/26/93 USSC granted Petition, vacated judgment of USCA, and remanded the case to theUSCA for reconsideration
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 92-7425
507 U.S. 1034
01/28/93 Petition filed
04/19/93 USSC denied Petition
U.S. Court of Appeals, 11th Circuit – Reconsiderationof Habeas Appeal
USCA# 90-6009
997 F. 2d 1336
07/29/93 USCA vacated sentence and remanded to the USDC for reconsideration
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 93-7310
510 U.S. 1133
12/29/93 Petition filed
02/22/94 USSC denied Petition
U.S. Supreme Court – Petition for Writ of Certiorari(filed by State)
USSC# 93-1051
510 U.S. 1141
12/29/93 Petition filed
02/22/94 USSC denied Petition
U.S. District Court, Southern District –Reconsideration of Habeas Petition
USDC# 90-6045
03/15/94 USDC granted Petition and vacated death sentence
Florida Supreme Court – Direct Appeal (afterresentencing)
FSC# 00-2366
855 So. 2d 33
11/06/00 Appeal filed
06/26/03 FSC affirmed sentence
09/08/03 Rehearing denied and Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 03-8841
541 U.S. 993
12/06/03 Petition filed
04/19/04 USSC denied Petition
Circuit Court – 3.851 Motion
CC# 82-4283
04/15/05 Motion filed
06/09/06 Evidentiary Hearing held
12/21/06 CC denied motion
Florida Supreme Court – 3.851 Motion Appeal
FSC# 07-162
01/29/07 Appeal filed
02/19/09 Appeal denied
07/13/09 Mandate issued
U.S. District Court, Southern District – Petition forWrit of Habeas Corpus
USDC# 09-61045
07/15/09 Petition filed
09/14/10 Petition denied
U.S. Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 10-148231
10/14/10 Appealfiled
11/23/10 Certificateof Appealability granted in part
Death Warrant Information:
10/18/89 Governor Bob Martinez signed a death warrant and execution was set for 01/16/90
11/17/89 FSC granted a stay of execution
01/18/90 FSC vacated the stay of execution
01/19/90 USDC granted a stay of execution
Clemency Hearing:
06/17/87 Clemency hearing held (denied)
Factors Contributing to the Delay in Imposition ofSentence:
The delay appears to arise from Duest’smultiple Habeas Petitions at both the federal and state level, as well as hisresentencing.
Case Information:
Duest filed a Direct Appeal withthe Florida Supreme Court on 05/16/83, citing the following errors: allowingtestimony of two state witnesses, failing to grant a mistrial for theprosecutor insulting defense counsel during cross-examination of a statewitness, lacking sufficient evidence of premeditated murder, admitting aprejudicial photograph into evidence, and improper finding of aggravating andmitigating circumstances. The FSC affirmed Duest’sconviction and sentence on 01/10/85.
Duest filed a 3.850 Motion withthe Circuit Court on 02/19/87 that was denied on 01/05/90.
Duest filed a Petition for Writ ofHabeas Corpus on 11/17/89 with the Florida Supreme Court, raising numerousclaims of ineffective assistance of counsel. The FSC denied the HabeasPetition on 01/18/90.
Duest filed a 3.850 Motion Appealon 01/11/90 with the Florida Supreme Court, raising numerous claims, but the FSConly discussed two: failure of the State to provide exculpatory evidence to thedefense and Duest was deserving of a new sentencinghearing due to his Massachusetts conviction for armed assault being overturned,which was used by the trial court as an aggravating circumstance. Inaddition, the FSC rejected Duest’s seven claims ofineffective assistance of counsel. On 01/18/90, the FSC affirmed thetrial court’s denial of the 3.850 Motion.
Duest filed a Petition for Writ ofHabeas Corpus with the U.S. District Court for the Southern District of Floridaon 01/18/90, claiming twenty-five issues. The USDC denied the HabeasPetition on 09/19/90.
Duest filed an appeal of the Writof Habeas Corpus denial with the U.S. Court of Appeals on 12/03/90. On 07/15/92,the USCA affirmed Duest’s conviction, but vacated thedeath sentence and remanded the case to the USDC for reconsideration. Thecourt found that Duest’s death sentence should bevacated due to Duest’s Massachusetts conviction,which was used as an aggravating circumstance in his Florida death sentence,was later overturned by a Massachusetts court.
The State of Florida filed a Petition for Writ of Certiorariwith the U.S. Supreme Court on 01/04/93. On 04/26/93, the USSC grantedthe Petition, vacated the judgment of the USCA, and remanded the case to theUSCA for reconsideration.
Duest filed a Petition for Writ ofCertiorari with the U.S. Supreme Court on 01/28/93 that was denied on 04/19/93.
On 07/29/93, the USCA again vacated the death sentence andremanded the case to the USDC for reconsideration.
Duest filed a Petition for Writ ofCertiorari with the U.S. Supreme Court on 12/29/93 that was denied on 02/22/94.
The State of Florida filed a Petition for Writ of Certiorariwith the U.S. Supreme Court on 12/29/93 that was denied on 02/22/94.
On 03/15/94, the USDC granted the Habeas Petition andvacated Duest’s death sentence.
Duest was resentenced to death on10/26/00.
Duest filed a Direct Appeal with theFlorida Supreme Court on 11/06/00, citing the following errors: failure of theState to disclose exculpatory evidence; improperly excluding evidence andtestimony; erroneously finding the heinous, atrocious, or cruel aggravatingcircumstance; and failure to find mental health mitigating circumstances. On 06/26/03, the FSC affirmed the death sentence.
Duest filed a Petition for Writ ofCertiorari with the U.S. Supreme Court on 12/06/03 that was denied on 04/19/04.
Duest filed a 3.851 Motion withthe Circuit Court on 04/15/05. On 06/09/06, an Evidentiary Hearing washeld, and on 12/21/06, the Circuit Court denied the motion.
Duest filed a 3.851 Motion Appealwith the Florida Supreme Court on 01/29/07 that was denied on 02/19/09. TheFlorida Supreme Court issued a mandate on 07/13/09.
Duest filed a Petition for Writ ofHabeas Corpus with the United States District Court, Southern District, on07/15/09. The petition was denied on 09/14/10.
On 10/14/10, Duest filed a Habeasappeal with the USCA. On 11/23/10, the USCA granted, in part, Duest’s Certificate of Appealability.
Institutional Adjustment:
THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
06/23/86 60 POSSOF WEAPONS FLORIDA STATE PRISON
02/15/92 60 DISOBEYING ORDER FLORIDA STATE PRISON
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Report Date: 04/30/03 JFL
Approved: 05/12/03 WS
Updated 12/09/10 JJK