Bobby Joe Long v. Secretary, Department of Corrections

924 F.3d 1171
Court of Appeals for the Eleventh Circuit·Decided May 22, 2019·No. 19-11942·Published·Cited by 47 cases

Opinions

ED CARNES, Chief Judge:

Bobby Joe Long kidnapped, sexually battered, and murdered Michelle Denise Simms. And at least seven more women. He brutalized others. After pleading guilty, he was convicted and sentenced to death for the Simms murder. That was more than 32 years ago. After his sentence was vacated and the case remanded, he was resentenced to death. That was more than 30 years ago.

Seven days before Long is scheduled to be executed, he filed a 42 U.S.C. § 1983 complaint in the United States District Court for the Middle District of Florida. He also filed an emergency motion for a temporary restraining order, preliminary injunction, or stay of execution to prevent the State of Florida from executing him on May 23, 2019.

I. PROCEDURAL HISTORY

In September 1985, Long pleaded guilty to eight counts of first-degree murder, nine counts of kidnapping, eight counts of sexual battery, and one probation violation. Long v. State, 610 So. 2d 1268, 1269 (Fla. 1992). That plea included his admission that he kidnapped, sexually battered, and murdered Michelle Denise Simms. Id. The State of Florida agreed that it would not seek the death penalty for the other murders Long admitted committing. Id. A full *1174penalty phase proceeding before a jury was held in the case involving the crimes Long committed against Simms. Long v. State, 529 So. 2d 286, 288, 291 (Fla. 1988). The jury recommended the death penalty by a vote of eleven to one. Id. at 291. The trial court adopted that recommendation and sentenced Long to death. Id.

On direct appeal, the Florida Supreme Court affirmed Long's convictions and sentences except for the death sentence. Id. at 291-93. It concluded that because the trial judge had found that one of Long's prior convictions qualified as an aggravating factor, and that prior conviction had since been reversed and vacated by an appellate court as a result of a Miranda violation, Long was entitled to a new sentencing proceeding. Id. at 293. A resentencing trial was conducted before a new jury and in a new venue. See Long, 610 So. 2d at 1270. The jury recommended death, this time unanimously. Id. at 1272. The trial court adopted that recommendation and imposed the death penalty. Id. The Florida Supreme Court affirmed, id. at 1275, and the United States Supreme Court denied Long's petition for a writ of certiorari, Long v. Florida, 510 U.S. 832, 114 S.Ct. 104, 126 L.Ed.2d 70 (1993), making his convictions and sentences final in 1993.

Following the conclusion of his direct appeals, Long unsuccessfully sought postconviction relief in state court three times. See Long v. State, 235 So. 3d 293 (Fla. 2018) ; Long v. State, 183 So. 3d 342 (Fla. 2016) ; Long v. State, 118 So. 3d 798 (Fla. 2013). Long also filed a federal habeas petition in the district court in 2013. The district court denied that petition on the merits, and this Court denied Long's application for a certificate of appealability. See Long v. Sec'y, Fla. Dep't of Corr., No. 16-16259 (11th Cir. Jan. 4, 2017); Long v. Sec'y, Dep't of Corr., No. 8:13-cv-02069-T-27AEP (M.D. Fla. Aug. 30, 2016).

After all of Long's attempts at postconviction relief had been resolved conclusively against him, the Florida Commission on Offender Review initiated state clemency proceedings in Long's case. The Commission conducted proceedings and took the matter under submission in September 2018. After the Commission reported to the Governor, he denied clemency. Long was notified of that decision in April 2019.

The Governor signed Long's death warrant on April 23, 2019, and the Warden set the execution date for May 23, 2019. Since then, Long has filed in the Florida courts a flurry of motions, including two motions for a stay of execution, a motion to dismiss his death warrant as defective, and a motion for postconviction relief (the fourth one he had filed). He also filed a petition for habeas corpus in the Florida Supreme Court. All of his motions and petitions have been denied.

On May 8, 2019, Long filed in the United States District Court for the Northern District of Florida a § 1983 complaint.

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Bobby Joe Long v. Secretary, Department of Corrections, 924 F.3d 1171 (11th Cir. 2019).

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