CARY LAMBRIX v. SECRETARY, DOC

872 F.3d 1170, 2017 WL 4416205, 2017 U.S. App. LEXIS 19459
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 5, 2017
Docket17-14413 Non-Argument Calendar
StatusPublished
Cited by21 cases

This text of 872 F.3d 1170 (CARY LAMBRIX v. SECRETARY, DOC) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
CARY LAMBRIX v. SECRETARY, DOC, 872 F.3d 1170, 2017 WL 4416205, 2017 U.S. App. LEXIS 19459 (11th Cir. 2017).

Opinion

PER CURIAM:

Petitioner Cary Michael Lambrix, a Florida prisoner sentenced to death, has a scheduled execution date of October 5, 2017. On October 4, 2017, Lambrix filed a notice of appeal. On October 5, 2017, Lam-brix filed a motion for a stay of execution in this Court. Lambrix seeks review of the district court’s order dismissing his fifth 28 U.S.C. § 2254 petition (that Lambrix filed on October 2, 2017) and denying his motion for a stay of execution.

The State has filed an emergency motion to vacate the district court’s order granting Lambrix a certificate of appeala-bility (“COA”) as defective, as the district court’s COA included only a procedural issue and did not specify any underlying claim of the denial of a constitutional right, much less a substantial showing of a valid claim. Alternatively, the State has filed its merits opposition to Lambrix’s claims and motion for a stay of execution.

We first set forth some of the protracted history of this case because the current matter before this Court involves the state courts’ denial of Lambrix’s eighth successive state post-conviction motion and the district court’s denial of his fifth § 2254 petition. This background is also necessary to put the COA issues in this matter in context.

I. CONVICTION AND PRIOR COLLATERAL PROCEEDINGS

Over the past 32 years, Lambrix has filed dozens of petitions, motions, original writs, and appeals in both state and federal courts challenging his two capital murder convictions and two death sentences. We briefly review here some of the history of Lambrix’s case to give his current § 2254 petition the necessary context. A detailed recitation of Lambrix’s prior filings can be found in our decision in Lambrix v. Secretary, Florida Department of Corrections, 851 F.3d 1158 (11th Cir. 2017), cert. denied sub nom. Lambrix v. Jones, — U.S. -, 138 S.Ct. 217, — L.Ed.2d -, 2017 WL 3008927 (2017) (“Lambrix V”).

A. Capital Murder Convictions and Direct Appeal

In 1983, Lambrix brutally killed Clarence Moore and Aleisha Bryant outside of his home by choking and stomping Bryant and hitting Moore over the head with a tire iron. Lambrix V, 851 F.3d at 1161. Lambrix then ate dinner with his girlfriend, Frances Smith, cleaned himself, borrowed a shovel, buried Moore’s and Bryant’s bodies in shallow graves, and used Moore’s car to dispose of the tire iron and his own bloody shirt in a nearby stream. Id.

In 1984, Lambrix was convicted of two counts of first-degree murder and sentenced to death for the 1983 murders of Moore and Bryant. Id. In 1986, the Florida Supreme Court affirmed Lambrix’s convictions and sentences on direct appeal. Id.; Lambrix v. State, 494 So.2d 1143, 1145 (Fla. 1986).

B. State and Federal Collateral Proceedings

Following his direct appeal, Lambrix filed his initial post-conviction motion in state court, as well as his initial § 2254 petition in federal district court, both of which were unsuccessful. See Lambrix V, 851 F.3d at 1161-63; see also Lambrix v. Singletary, 72 F.3d 1500, 1508 (11th Cir. 1996) (“Lambrix I”); Lambrix v. State, 534 So.2d 1151, 1153-54 (Fla. 1988). Since then, Lambrix has filed eight successive state post-conviction motions and at least ten other miscellaneous state petitions challenging his convictions and death sentences, all of which have been denied or dismissed. See Lambrix V, 851 F.3d at 1163-65; Lambrix v. State, 217 So.3d 977, 981-83 & n.3 (Fla. 2017), petition for cert. filed, No. 17-5539 (U.S. Aug. 9, 2017); Lambrix v. Jones, 227 So.3d 550, 551-54 & n.1, 2017 WL 4250149, at *1-2 & n.1 (Fla. 2017); Lambrix v. State, 227 So.3d 112, 113, 2017 WL 4320637, at *1 (Fla. 2017), petition for cert. filed, No. 17-6222 (U.S. Oct. 3, 2017). In addition, Lambrix has filed three prior successive federal § 2254 habeas petitions, all of which have been denied. See Lambrix V, 851 F.3d at 1165-66.

This brings us to Lambrix’s instant petition—his fifth 1 § 2254 petition—the dismissal of which he now appeals. The claims he now brings in his fifth § 2254 petition are the same claims Lambrix brought in state court in his eighth successive state post-conviction motion. Therefore, we outline the state courts’ rulings on Lambrix’s claims in his eighth successive state motion and then turn to Lambrix’s same claims in his current and fifth § 2254 petition.

II. EIGHTH SUCCESSIVE STATE POST-CONVICTION MOTION

A. Hurst and Florida’s New Death Penalty Statute

As necessary background to Lambrix’s claims, and particularly the COA issues before us, we discuss the U.S. Supreme Court’s decision in Hurst v. Florida, — U.S. -, 136 S.Ct. 616, 193 L.Ed.2d 504 (2016), and Florida’s new death penalty-statute. In Hurst, the U.S. Supreme Court applied its prior decisions in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) and Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002) 2 to hold that Florida’s capital sentencing scheme violated the Sixth Amendment because it required the judge alone to find the existence of an aggravating circumstance necessary for the imposition of a death sentence. Hurst, 136 S.Ct. at 624. Following the U.S. Supreme Court’s decision in Hurst, the Florida Supreme Court held that, under state law, Hurst did not apply retroactively to capital convictions where the death sentence became final prior to the issuance of Ring. Asay v. State, 210 So.3d 1, 22 (Fla. 2016), cert. denied, — U.S. -, 138 S.Ct. 41, 198 L.Ed.2d 769, 2017 WL 1807588 (2017) (“Asay V”). This Court has noted that Hurst, like Ring, is not retroactively applicable to eases on collateral review under federal law. Lambrix V, 851 F.3d at 1165 n.2.

In response to Hurst, the Florida legislature passed Chapter 2017-1, amending Florida’s death penalty statute to require a unanimous jury finding of at least one aggravating factor and a unanimous jury recommendation of death before a defendant convicted of first-degree murder may be sentenced to death. See Fla. Stat. § 921.141 (2017). The amended statute contains no provision regarding its retroactive application. See ⅛

B. Florida Circuit Court Order on Lambrix’s Eighth State Post-Conviction Motion

On June 2, 2017, Lambrix filed his eighth successive state post-conviction motion, raising five claims for relief based on the U.S. Supreme Court’s decision in Hurst. State v. Lambrix, No. 83-CF-12, Order at 1 (Fla. 20th Cir. Ct. Sep. 5, 2017). On September 5, 2017, the state circuit court denied Lambrix’s motion on the merits as to all of his claims. Id. at 9.

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872 F.3d 1170, 2017 WL 4416205, 2017 U.S. App. LEXIS 19459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cary-lambrix-v-secretary-doc-ca11-2017.