The Commission on Capital Cases updates this informationregularly. This information, however, is subject to change and may not reflectthe latest status of an inmate’s case and should not be relied on forstatistical or legal purposes.
BROWN, George Wallace (W/M)
DC #300160
DOB: 09/11/48
Tenth Judicial Circuit, Polk County, Case #90-3054
Sentencing Judge: The Honorable J. Tim Strickland
Attorney, Criminal Trial: Robert Doyle – Private
Attorney, Direct Appeal: Ronald E. Smith – Private
Attorney, Collateral Appeals: Mary Catherine Bonner –Registry
Date of Offense: 04/22/90
Date of Sentence: 05/03/91
Circumstances of Offense:
George Brown was convicted and sentenced to death for the04/22/90 murder of Horace Brown.
George Brown was arrested on 05/01/90 in Englewood, Colorado, on unrelated charges. He had the wallet of Horace Brown in his possession. Whenquestioned further, Brown stated, “Horace D. Brown is dead. He was murderedeight days ago.” George Brown denied killing Horace Brown, claiming that hewas only a witness to the murder. George Brown then gave Colorado authoritiesthe following account of the crime:
George and Horace reportedly met in a bar on 04/22/90. After a few drinks together, George asked Horace if he would drive him to hisgirlfriend’s house in Polk City. En route to Polk City, Horace pulled overonto a dirt road and met up with another friend named Danny. Horace got intoDanny’s car and George took Horace’s car, continuing on to his girlfriend’shouse. George returned one hour later to the location where Danny’s car hadbeen parked and found Horace’s wallet and watch lying on the ground. Georgedrove further down the dirt road and saw Horace lying feet first, on hisstomach in a ditch. George fled the scene when he could not detect a pulsefrom Horace’s bloodied body.
George Brown then drove to Orlando and cashed one ofHorace’s checks for $650. He then fled to Nashville and on to Colorado. George Brown claimed that he did not report the murder to the police because ofoutstanding warrants against him. Based on the statement Brown gave to Colorado authorities, the Polk County Sheriffs’ Office was able to locate the body ofHorace D. Brown. Horace Brown had been stabbed three times and the body wasfound in the exact position described by George Brown.
George Brown’s girlfriend reported to police that George hadleft her house on foot on 04/22/90 and return later that night driving a carthat she did not recognize. She added that upon returning, George had blood onhis clothes and told her that he had been in a fight. She also noted that herpocketknife, which she normally kept in the bedside table, was missing.
Additional Information:
Brown was arrested on a warrant in Colorado for auto theft.
Prior Incarceration History in the State of Florida:
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length |
| 10/20/1989 | GRAND THEFT MOTOR VEHICLE | 07/02/1991 | OSCEOLA | 8901713 | 2Y 6M 0D |
Trial Summary:
05/01/90 Defendant arrested in Englewood, Colorado on unrelated charges.
07/12/90 Defendant indicted on the following:
Count I: First-DegreeMurder
Count II: ArmedRobbery
08/06/90 The defendant entered a plea of “notguilty.”
04/30/91 Thedefendant was found guilty on Counts I & II, as charged in the indictment.
05/01/91 Uponadvisory sentencing, the jury, by an 8 to 4 majority, voted for the deathpenalty.
05/03/91 Thedefendant was sentenced as followed:
CountI: First-Degree Murder – Death
CountII: Armed Robbery - Life
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #78,007
644 So. 2d 52
05/31/91 Appeal filed.
05/12/94 FSC affirmed the convictions and sentenceof death.
10/26/94 Rehearing denied.
11/29/94 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #94-8509
514 U.S. 1117
03/15/95 Petition filed.
05/15/95 Petition denied.
State Circuit Court – 3.850 Motion
CC #90-3054
03/18/97 Motion filed.
12/03/99 Amended motion filed.
03/26/02 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #SC02-1787
894 So.2d 137
08/12/02 Appeal filed.
12/02/04 Denial affirmed.
01/25/05 Rehearing denied.
02/10/05 Mandate issued.
Florida Supreme Court – Petition forWrit of Habeas Corpus
FSC #SC03-1240
894 So.2d 137
07/14/03 Petition filed.
12/02/04 Petition denied.
01/25/05 Rehearing denied.
02/10/05 Mandate issued.
U.S. District Court, Middle District – Petition forWrit of Habeas Corpus
USDC# 06-142
(Pending)
01/25/06 Petition filed.
Factors Contributing to the Delay in the Imposition ofthe Sentence:
Brown’s Direct Appeal took approximately three years tocomplete. On 11/17/95, Capital Collateral Representative’s motion for anextension of time to file the 3.850 Motion was granted, allowing CCR until09/16/96 to file the motion.
Case Information:
On 05/31/91, Brown filed a Direct Appeal in the FloridaSupreme Court. In that appeal, he argued that the trial court erred inallowing the State witnesses to testify that he was arrested in Colorado on a warrant for the unrelated crime of auto theft. Brown also claimed the trialcourt erred in its application of the heinous, atrocious, and cruel (HAC)aggravating factor and in failing to consider mitigating evidence. The FloridaSupreme Court affirmed Brown’s convictions and sentence of death on 05/12/94.
Brown next filed a Petition for Writ of Certiorari in theUnited States Supreme Court, which was denied on 05/15/95.
He then filed a 3.850 Motion in the State Circuit Court,which was denied on 03/26/02.
Brown next filed an appeal of the 3.850 Motion denial in theFlorida Supreme Court on 08/12/02. On 12/02/04, the FSC affirmed the denial ofthe motion.
On 07/14/03, Brown also filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court. On 12/02/04, the FSC denied the petition.
Brown filed a Petition for Writ of Habeas Corpus in the U.S.District Court, Middle District, on 01/25/06 that is pending.
George Brown died of natural causes on 02/11/07.
Institutional Adjustment: GEORGE BROWN DC #300160
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- ------------------
07/23/93 0 SPOKENTHREATS UNION C. I.
08/23/95 0 FIGHTING UNIONC. I.
04/15/02 – ew
04/16/02 – approved – ws
02/13/07 – updated – jfl