The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor statistical or legal purposes.
HOLLAND, Albert (B/M)
DC # 122651
DOB: 03/24/58
Seventeenth Judicial Circuit, Broward County Case # 90-15905
Sentencing Judge: The Honorable M. Daniel Futch, Jr.
Trial Attorneys: Peter Giacoma & Young Tindall
Resentencing Trial Attorneys: Evan Baron & James Lewis
Attorney, Direct Appeals: Richard Greene – Assistant PublicDefender
Attorney, Collateral Appeals: Todd Scher – CCRC-S
Date of Offense: 07/29/90
Date of Sentence: 08/19/91
Date of Resentence: 02/07/97
Circumstances of the Offense:
Thelma Johnson reported that Albert Holland approached herand asked her if she had a hitter (a device used to smoke cocaine). Johnson stated that she did not, but proceeded to lead Holland to a wooded areawith the intention of smoking cocaine together. Holland then smoked thefirst half of his cocaine rock off of a beer can, but Johnson refrained becauseshe did not like that method of smoking. After smoking the second half ofthe rock, Holland became violent. Holland shoved Johnson to the ground,held her down, and hit her on the side of the head with a bottle while shebegged him not to kill her. As Holland beat her, he repeatedly threatenedto kill her.
Holland ripped Johnson’s shirt and unzipped his pants. Holland forced Johnson to give him oral sex. When Johnson protested andstopped, Holland beat her until she was unconscious. Holland stoppedbeating Johnson and left the scene when a witness yelled for Holland to stopbefore he killed her. Johnson had a severed ear, a fractured skull, andmultiple cuts on her face, which required extensive plastic surgery.
Police officers responded to a call regarding the attack andbegan the search for the perpetrator. Officer Scott Winters was in hispatrol car when he asked Holland to approach the vehicle. Officer Wintersexited the patrol car and instructed Holland to put his hands on the car. Hollandcomplied with the request. As Winters reached down to use the radio onhis belt, Holland turned and took a swing aimed at Winters’ head. Astruggle ensued and Winters got Holland in a headlock. Winters repeatedlytried to put Holland on the ground by using his nightstick, but Holland roseand turned, causing the combatants to face each other. Holland managed totake Winters’ gun and shot the officer twice before he fled the scene.
Police officers stated that Winters requested backup at 7:25p.m. and reported being shot at 7:26 p.m. When officers arrived at thescene, Winters’ gun was missing. Winters died at 8:30 p.m. as a result ofgunshot wounds to the lower stomach and groin area.
Trial Summary:
08/16/90 Defendant indicted with the following:
Count I:First-Degree Murder
Count II: Robbery with a Firearm
Count III: Sexual Battery
Count IV: Attempted Murder with a Deadly Weapon
08/02/91 Defendant was found guilty by the trial jury on all counts
08/12/91 The jury recommended Death by a vote of eleven to one
08/18/93 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
Count II:Robbery with a Firearm – 17 years
Count III:Sexual Battery – Life sentence
Count IV:Attempted Murder with a Deadly Weapon – 40
years
Second Trial:
11/06/96 Defendant was found guilty by the trial jury on counts I, II, IV as
charged. Defendant was convictedon count III of the lesser charge of Attempted Sexual Battery.
11/15/96 The jury recommended Death by a vote of eight to four
02/07/97 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
Count II:Robbery with a Firearm – Life sentence
Count III:Attempted Sexual Battery – 15 years
Count IV: Attempted Murder with a Deadly Weapon – 30
years
*Please note, sentences are to run consecutively
Appeal Summary:
Florida State Supreme Court – Direct Appeal
FSC #78,660
636 So. 2d 1289
09/23/91 Appeal filed.
03/24/94 FSC reversed the convictions and the sentence of Death.
06/09/94 Rehearing denied.
07/11/94 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #94-271
513 U.S. 943
08/12/94 Petition filed.
10/11/94 Petition denied.
Florida State Supreme Court – Direct Appeal
FSC #89,922
773 So. 2d 1065
02/20/97 Appeal filed.
10/05/00 FSC affirmed the convictions and the sentence of Death.
12/20/00 Rehearing denied.
01/19/01 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #00-9803
534 U.S. 834
05/04/01 Petition filed.
10/01/01 Petition denied.
State Circuit Court – 3.851 Motion
CC #90-15905
09/17/02 Motion filed.
04/10/03 Evidentiary Hearing held.
05/16/03 Motion denied.
Florida Supreme Court – 3.851 Appeal
FSC #SC03-1033
916 So. 2d 750
06/09/03 Appeal filed.
11/10/05 FSC affirmed denial of motion.
12/01/05 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 04-34
916 So.2d 750
01/09/04 Petition filed.
11/10/05 FSC denied petition.
12/01/05 Mandate issued.
U.S. District Court,Southern District – Petition for Writ of Habeas Corpus
USDC# 06-20182
01/24/06 Petition filed.
04/27/07 Petition dismissed as untimely filed.
07/11/07 Motion for Certificate of Appealability filed.
07/18/07 Motion granted.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 05-9244
126 S. Ct. 1790
02/08/06 Petition filed.
04/17/06 USSC denied Petition.
United Stated Court of Appeals, 11th Circuit—HabeasAppeal
USCA #07-13366
08/01/07 Appeal filed.
01/30/09 Appeal denied.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 09-5327
05/13/09 Petition filed.
10/13/09 Petition granted.
06/14/10 Judgment Reversed and case Remanded.
Factors Contributing to the Delay in Imposition ofSentence:
The Florida Supreme Court remanded the case to the trialcourt for a new trial.
Case Information:
A Direct Appeal was filed with the Florida Supreme Court on09/23/91. Issues that were raised included whether the trial court erredin overruling defense counsel’s objections to the testimony of a State witnesswho testified at the competency hearing and at trial. The Florida SupremeCourt agreed with Holland on this issue and accordingly reversed both theconvictions and sentences on 03/24/94.
A Petition for Writ of Certiorari was filed on 08/12/94 anddenied on 10/11/94.
A second Direct Appeal was filed on 02/20/97. Issuesthat were raised included whether the trial court erred in denying him theopportunity to represent himself; whether the trial court abused its discretionin denying Holland’s motion to exclude the testimony of the State’s mentalhealth experts; whether the trial court abused its discretion in overrulingHolland’s objections to the admissibility of a videotape interrogation ofHolland. The Florida Supreme Court found all of the claims either withoutmerit or harmless and affirmed the convictions and sentences, including thesentence of Death, on 10/05/00.
A Petition for Writ of Certiorari was filed on 05/04/01 anddenied on 10/01/01.
A 3.851 Motion was filed with the circuit court on 09/17/02and denied on 05/16/03.
A 3.851 Motion Appeal was filed with the Florida SupremeCourt on 06/09/03, raising claims of ineffective assistance of counsel. On 11/10/05, the FSC affirmed the denial of the motion.
A Petition for Writ of Habeas Corpus was filed with theFlorida Supreme Court on 01/09/04, raising claims of ineffective assistance ofcounsel. On 11/10/05, the FSC denied the petition.
A Petition for Writ of Habeas Corpus was filed with the U.S.District Court, Southern district, on 01/24/06. As of 04/27/07,this petition was dismissed as untimely filed. A Certificate ofAppealability was granted on 07/18/07.
A Petition for Writ of Certiorari was filed with the U.S.Supreme Court on 02/08/06 and denied on 04/17/06.
A Habeas Corpus Appeal was filed in the U.S. Court ofAppeals, 11th Circuit on 08/01/07 that was denied on 01/30/09.
A Petition for Writ of Certiorari was filed with the UnitedStates Supreme Court on 05/13/09. This petition was granted on 10/13/09. On06/14/10, the lower court’s judgment was reversed and the was case remanded.
Institutional Adjustment:
THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE
FOR VIOLATION OF THERULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
08/18/99 0 FIGHTING UNION C.I.
________________________________________________________________________
Report Date: 02/08/02 cc
Approved: 02/20/02 ws
Updated: 06/15/10 CAR