Card v. State

453 So. 2d 17
CourtSupreme Court of Florida
DecidedJune 7, 1984
Docket61715
StatusPublished
Cited by33 cases

This text of 453 So. 2d 17 (Card v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Card v. State, 453 So. 2d 17 (Fla. 1984).

Opinion

453 So.2d 17 (1984)

James Armando CARD, Sr., a/K/a James T. Conte, a/K/a Mike Johnson, Appellant,
v.
STATE of Florida, Appellee.

No. 61715.

Supreme Court of Florida.

June 7, 1984.
Rehearing Denied July 19, 1984.
Certiorari Denied November 5, 1984.

*18 Steven L. Bolotin, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Richard A. Patterson, Asst. Atty. Gen., Tallahassee, for appellee.

Certiorari Denied November 5, 1984. See 105 S.Ct. 396.

ADKINS, Justice.

This case is before us on direct appeal from a conviction of first-degree murder, robbery and kidnapping and the sentence of death imposed on the appellant, James Card. The sentence by the trial judge followed a jury recommendation of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.

We affirm both the conviction and sentence for the reasons expressed below.

On the afternoon of June 3, 1981, the Panama City Western Union office was robbed of approximately $1,100. Blood was found in the office and the clerk, Janis Franklin, was missing. The following day, Mrs. Franklin's body was discovered beside a dirt road in a secluded area approximately eight miles from the Western Union office. Her blouse was torn, her fingers severely cut to the point of being almost severed and her throat had been cut.

As early as 6:30 on the morning of June 3, 1981, the appellant telephoned an acquaintance, Vicky Elrod, in Pensacola, Florida, and told her that he might be coming to see her to repay the $50 or $60 he owed her. At approximately 9:30 that night Vicky Elrod met with the appellant. He took out a stack of twenty and one-hundred dollar bills and she asked if he had robbed a 7-Eleven store. He told her that he had robbed a Western Union station and killed the lady who worked there. He described scuffling with the victim, tearing her blouse and cutting her with his knife. He said he then took her in his car to a wooded area and cut her throat saying, "Die, die, die." Several days after their meeting, Vicky Elrod went to the police with this *19 information. The appellant was then arrested.

CONVICTION

The appellant contends that he should receive a new trial because the trial court erred in excluding certain proffered testimony, thereby depriving him of his fundamental right, guaranteed by the sixth and fourteenth amendments to the United States Constitution and by article I, section 16 of the Florida Constitution, to present witnesses in his own behalf.

The proffer demonstrated that Camille Cardwell would have testified that two or three weeks before the robbery she overheard four individuals, one of whom was her boyfriend, John Green, discussing a robbery they were going to commit. Neither Camille Cardwell nor any of the four individuals she overheard were connected with the appellant, James Card. The following is the testimony proffered by the defense:

COURT: All right, gentlemen, the jury's out. Mr. Green [defense counsel].
CAMILLE CARDWELL, having been duly sworn, testified as follows:
DIRECT EXAMINATION BY MR. GREEN:
Q. Would you state your name and address, please ma'am?
A. Camille Josephine Cardwell, PO Box 147, Lowell, Florida.
Q. Miss Cardwell, did you have occasion in the first part of June to speak to some law enforcement officers concerning the Western Union store robbery?
A. Yes, sir, I did.
Q. And to whom did you speak?
A. I believe the first name was Frank.
Q. And do you have any information regarding the Western Union store robbery?
A. Yes, sir.
Q. Will you tell the Court what information you do have?
HARRISON [prosecutor]: This is what I object to, because the only information she has she obtained through hearsay.
GREEN: Your Honor, this is a proffer, and I can tie it all in through the proffer, I believe.
COURT: No sense in getting any exercise. The jury's not in here. Let's hear what the girl has to say. We'll then determine whether the jury hears it. All right, Camille, tell us what you know about the robbery.
A. I flew in from Kansas the first part of May to be with my boyfriend at the time, and him and a couple of his friends were — had come in from somewhere, and I was sitting around, and they were talking about pulling off a robbery, and the only information that I really got as to what it might be was they they had said that they were going to rob a place where they would — people sent in money orders and stuff like that.
Q. Did they tell you they were going to rob the Western Union store?
A. Not in exact words. What they had said was that — Doc had some money coming in that his mother was wiring him.
COURT: Doc, Doc?
A. My boyfriend.
Q. What's his real name?
A. John Green.
COURT: John Green?
A. Yes, sir.
COURT: Okay, go ahead.
A. And he had said that he had been down there earlier and that they had looked the place over and that it would be a perfect place.
Q. Did they speak — did they have — you heard this conversation before June 3rd when the Western Union was robbed, did you not?
A. Yes, sir.
Q. How long before it?
A. I'm really not for sure. I flew back to Kansas, it was either the 18th or 19th of May, so it was before that.
*20 Q. So, was it about two or three weeks before June 3rd?
A. Yes, sir.
Q. Did they mention a time when they thought they might do the robbery?
A. They said they would like to get it before the banks closed and she made her deposits.
Q. Did they mention a specific time?
A. I believe they said anywhere from two to 3:30, somewhere along through there.
Q. Did they mention anything about using any type of weapons?
A. Doc had — John had mentioned using a knife — some of the knives that he had, scuba diving equipment, and he also had a shotgun.
Q. Did they tell you what type — or the knife, did you see any of their knives?
A. I've seen his knives before, yes, sir. I've done a lot of scuba diving with him.
Q. Who else was present when they were talking about that?
A. There was Tom Wilmot, Tom's wife, and —
Q. What's her name?
A. Breezy, and also another guy I don't know. I've never seen him before.
Q. Did they mention what type of — can you tell me what kind of automobile they had?
A. John owned a, I believe it was a '63 Chevrolet, and Tom owned a van.
Q. Did they say what they were going to do to the lady at the Western Union?
A. Well, from what I could pick up, they weren't going to hurt her.
Q. And you reported this to the police about June 5th.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Joseph Eli Bearden v. State of Florida
161 So. 3d 1257 (Supreme Court of Florida, 2015)
Leighty v. State
981 So. 2d 484 (District Court of Appeal of Florida, 2008)
Jennings v. Crosby
392 F. Supp. 2d 1312 (N.D. Florida, 2005)
Rendon v. State
868 So. 2d 679 (District Court of Appeal of Florida, 2004)
Jones v. State
678 So. 2d 309 (Supreme Court of Florida, 1996)
State v. Krueger
664 So. 2d 26 (District Court of Appeal of Florida, 1995)
Card v. State
652 So. 2d 344 (Supreme Court of Florida, 1995)
Hall v. State
614 So. 2d 473 (Supreme Court of Florida, 1993)
People v. Labosette
602 N.E.2d 966 (Appellate Court of Illinois, 1992)
Dolinsky v. State
576 So. 2d 271 (Supreme Court of Florida, 1991)
James Armando Card v. Richard L. Dugger
911 F.2d 1494 (Eleventh Circuit, 1990)
Eutzy v. Dugger
746 F. Supp. 1492 (N.D. Florida, 1989)
Hill v. State
549 So. 2d 179 (Supreme Court of Florida, 1989)
Gore v. Dugger
763 F. Supp. 1110 (M.D. Florida, 1989)
Jackson v. State
522 So. 2d 802 (Supreme Court of Florida, 1988)
Card v. Dugger
512 So. 2d 829 (Supreme Court of Florida, 1987)
Scott v. State
494 So. 2d 1134 (Supreme Court of Florida, 1986)
Puiatti v. State
495 So. 2d 128 (Supreme Court of Florida, 1986)

Cite This Page — Counsel Stack

Bluebook (online)
453 So. 2d 17, Counsel Stack Legal Research, https://law.counselstack.com/opinion/card-v-state-fla-1984.