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.
HAPP, William (W/M)
DC# 117027
DOB: 01/19/62
Fifth Judicial Circuit, Citrus County Case # 86-671
Venue changed to Lake County on 06/29/88
Sentencing Judge: The Honorable Jerry T. Lockett
Attorney, Trial: Jeffery M. Pfister – Assistant PublicDefender
Attorney, Direct Appeal: Christopher S. Quarles –Assistant Public Defender
Attorney, Collateral Appeals: Robert Strain &Carol Rodriguez – CCRC-M
Date of Offense: 05/24/86
Date of Sentence: 07/31/89
Circumstances of Offense:
On 05/24/86, a fisherman found the body of a partially cladwoman on the bank of the Cross-Florida Barge Canal. The woman’s shoulderswere covered by a tee shirt that was pulled up to her underarms, and a pair ofstretch pants was tied tightly around her neck. The medical examinertestified that the woman’s face and skull were badly bruised and hemorrhaged,had multiple scrapes on her back and right heel, had suffered ten to twentyhard blows to the head, and had been anally raped before death, the cause ofwhich was strangulation.
The victim was last seen at a Cumberland Farms store at 2:30a.m. on 05/24/86, and a woman’s scream was heard at approximately the sametime. The victim’s car was found six-tenths of a mile from the store,with its driver’s side window shattered. A shoe print found outside thedriver’s side door matched one of Happ’s shoes and Happ’s fingerprints werefound on the exterior of the car.
Happ revealed the details of the crime to a fellow jailinmate, Richard Miller.
Happ’s first trial ended in a mistrial when the prosecutorviolated a court order and revealed Happ’s prior criminal record.
At the second trial, a friend of Happ’s testified thataround the time of the murder, he saw Happ walking toward the canal, and thenext morning he noticed that Happ had a swollen right hand. Happ’s formergirlfriend also testified that Happ told her that he had broken a car windowwith his fist.
Trial Summary:
12/02/86 Indicted as follows:
Count I First-Degree Murder
Count II Burglarywith Battery
Count III Kidnapping
CountIV Sexual Battery
02/05/87 Entered a plea of not guilty
06/29/88 Venue changed from Citrus to Lake County (Lake County case # 88-
1037)
07/28/89 Jury returned guilty verdicts on all counts of the indictment
07/31/89 Jury recommended a death sentence by a vote of 9-3
07/31/89 Sentenced as follows:
Count I First-Degree Murder – Death
Counts II-IV Life Imprisonment
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 74,634
596 So.2d 991
08/30/89 Appeal filed
01/23/92 FSC affirmed convictions and sentences
03/09/92 Rehearing denied
04/08/92 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 92-5152
506 U.S. 949
06/08/92 Petition filed
11/02/92 USSC granted petition, vacated sentence, and remanded case to FSC for
reconsideration
Florida Supreme Court – Direct Appeal (on remand fromUSSC)
FSC # 74,634
618 So.2d 205
05/20/93 FSC affirmed sentence
06/21/93 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 93-5789
510 U.S. 925
08/18/93 Petition filed
10/12/93 USSC denied petition
Circuit Court – 3.850 Motion
CC# 86-671
01/17/95 Motion filed
05/15/97 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 93,121
770 So.2d 158
06/01/98 Appeal filed
09/13/00 FSC dismissed appeal without prejudice to allow defendant to raise
ineffective assistance of counselclaims in an amended 3.850 Motion in Circuit Court.
Circuit Court – 3.850 Motion
CC# 86-671
01/17/95 Original 3.850 Motion filed
11/02/99 Motion amended
08/31/00 Motion amended
11/10/00 Motion amended
09/18/03 Circuit Court denied Motion
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# SC00-1198
784 So.2d 1091
10/27/00 Petition filed
05/03/01 FSC denied Petition
Florida Supreme Court – 3.850 Motion Appeal
FSC# 03-1890
922 So.2d 182
10/22/03 Appeal filed
12/08/05 FSC affirmed denial of motion
02/13/06 Rehearing denied
U.S. District Court, Middle District – Petition forWrit of Habeas Corpus
USDC# 07-74
02/28/07 Petition filed
04/06/10 Petition denied
Circuit Court – 3.850 Motion
CC# 86-671
(Pending)
10/22/07 Motion filed
U.S. Court of Appeals – Petition for Writ of HabeasCorpus Appeal
USCA# 10-12159-P
(Pending)
05/05/10 Appeal filed
Factors Contributing to the Delay in Imposition ofSentence:
Happ’s 3.850 Motion was pending from 11/02/99 – 09/18/03,after being remanded from the FSC.
Case Information:
Happ filed a Direct Appeal with the Florida Supreme Court on08/30/89, citing the following nine errors: denying motion to dismiss theindictment on double jeopardy grounds, denying motion to suppress evidence,refusing to answer a jury deliberation question, restricting evidence regardingwitness testimony, failing to find that the State did not express non-racialreasons for striking a juror, allowing the reading of Miller’s
(a fellow jail inmate) testimony at the second trial,commenting on the evidence and limiting defense counsel’s closing arguments,refusing to allow the defense to refer to the key state witness as a “snitch”and “squealer,” and denial of a fair trial due to the cumulative effect oferrors. The FSC affirmed the conviction and sentence on 01/23/92.
Happ filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 06/08/92 that was granted on 11/02/92. The USSC vacatedthe sentence and remanded the case to the FSC.
On 05/20/93, the Florida Supreme Court again affirmed thedeath sentence of Happ.
Happ filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 08/18/93 that was denied on 10/12/93.
Happ filed a 3.850 Motion with the Circuit Court on 01/17/95that was denied on 05/15/97.
Happ filed a 3.850 Motion Appeal with the Florida Supreme Courton 06/01/98 that was dismissed without prejudice on 09/13/00 to allow Happ toraise ineffective assistance of counsel claims in an amended 3.850 Motion.
Happ filed an amended 3.850 Motion with the Circuit Court on11/02/99 that was again amended on 08/31/00 and 11/10/00. The Motion wasdenied on 09/18/03.
Happ filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 10/27/00, citing issues related to ineffectiveassistance of appellate counsel. The FSC denied the Petition on 05/03/01.
Happ filed a 3.850 Motion Appeal with the Florida SupremeCourt on 10/22/03 that was denied on 12/08/05.
On 02/28/07, Happ filed a Petition for Writ of Habeas Corpuswith the U.S. District Court, Middle District. This petition was denied on04/06/10.
Happ filed a 3.850 Motion in the state Circuit Court on10/22/07. This motion is pending.
On 05/05/10, Happ filed an Appeal with the United StatesCourt of Appeals. This appeal is pending.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINSTTHE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYSLOST.
DATE DAYS VIOLATION LOCATION
04/06/91 15 DISOBEYINGORDER FLORIDA STATE PRISON
04/26/94 0 POSS OFCONTRABAND UNION C. I.
10/12/95 0 FIGHTING UNION C. I.
02/06/02 30 DISRESP.TOOFFICIALS UNION C. I.
________________________________________________________________________
Report Date: 09/13/01 JFL
Approved: 11/16/01 WS
Updated: 05/20/10 CAR