Coleman v. State

64 So. 3d 1210, 2011 WL 2149983
CourtSupreme Court of Florida
DecidedJune 2, 2011
DocketNos. SC04-1520, SC09-92
StatusPublished
Cited by16 cases

This text of 64 So. 3d 1210 (Coleman 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
Coleman v. State, 64 So. 3d 1210, 2011 WL 2149983 (Fla. 2011).

Opinion

PER CURIAM.

Michael Coleman appeals an order of the circuit court denying his motion to vacate his convictions of first-degree murder and sentences of death filed under Florida Rule of Criminal Procedure 3.850 and petitions this Court for a writ of habe-as corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons expressed below, we reverse the circuit court’s denial of postconviction relief [1213]*1213as it pertains to Coleman’s claim of ineffective assistance of counsel during the penalty phase because we conclude that counsel rendered ineffective assistance of counsel during the penalty phase when counsel failed to investigate, develop, and present available mitigating evidence that would have legally precluded an override of the jury’s life recommendation. Therefore, we vacate Coleman’s death sentences and remand for imposition of life sentences instead. We deny Coleman’s petition for habeas corpus.

FACTUAL AND PROCEDURAL HISTORY

Michael D. Coleman was convicted of the first-degree murders of Derek Hill, Morris Douglas, Michael McCormick, and Mildred Baker and of the attempted first-degree murder of Amanda Merrell. Coleman v. State, 610 So.2d 1283, 1284 (Fla.1992). The jury recommended life by a vote of six to six. Following that recommendation, the trial court overrode the jury recommendation and imposed four death sentences. Id. at 1287. On direct appeal, this Court affirmed Coleman’s convictions and sentences of death. Id. at 1288. There, Coleman raised five issues.1 There, this Court detailed the facts surrounding the murders:

Michael Coleman, Timothy Robinson, and brothers Bruce and Darrell Frazier were members of the “Miami Boys” drug organization, which operated throughout Florida. Pensacola members of the group moved a safe containing drugs and money to the home of Michael McCormick from which his neighbors Derek Hill and Morris Douglas stole it. Hill and Douglas gave the safe’s contents to Darlene Crenshaw for safekeeping.
Late in the evening of September 19, 1988[,] Robinson, Coleman, and Bruce Frazier, accompanied by McCormick, pushed their way into Hill and Douglas’ apartment. They forced Hill and Douglas, along with their visitors Crenshaw and Amanda Merrell, as well as McCormick, to remove their jewelry and clothes and tied them up with electrical cords. Darrell Frazier then brought Mildred Baker, McCormick’s girlfriend, to the apartment. Robinson demanded the drugs and money from the safe and, when no one answered, started stabbing Hill. Crenshaw said she could take them to the drugs and money and left with the Fraziers. Coleman and Robinson each then sexually assaulted both Merrell and Baker.
After giving them the drugs and money, Crenshaw escaped from the Frazi-ers, who returned to the apartment. Coleman and Robinson then slashed and shot their five prisoners, after which they and the Fraziers left. Despite having had her throat slashed three times and having been shot in the head, Mer-rell freed herself and summoned the authorities. The four other victims were dead at the scene.
[1214]*1214Merrell and Crenshaw identified their abductors and assailants through photographs, and Coleman, Robinson, and Darrell Frazier were arrested eventually. A grand jury returned multiple-count indictments against them, charging first-degree murder, attempted first-degree murder, armed kidnapping, armed sexual battery, armed robbery, armed burglary, and conspiracy to traffic. Among other evidence presented at the joint trial, the medical examiner testified that three of the victims died from a combination of stab wounds and gunshots to the head and that the fourth died from a gunshot to the head. Both Crenshaw and Merrell identified Coleman, Robinson, and Frazier at trial, and Merrell identified a ring Coleman gave to a girlfriend as having been taken from her at the apartment. Several witnesses testified to drug dealing in Pensacola and to the people involved in that enterprise. Coleman and Robinson told their alibis to the jury with Coleman claiming to have been in Miami at the time of these crimes and Robinson claiming he had been in New Jersey then.

Id. at 1284-85 (footnotes omitted).

In sentencing Coleman to death, the trial court found the existence of five aggravating circumstances. Id. at 1287.2 The trial court did not find any statutory mitigating circumstances and found the existence of one nonstatutory mitigator. Id.3 After considering the aggravating and mitigating circumstances, the trial judge concluded that the “jury’s recommendation could have been based only on minor, non-statutory mitigating circumstances or sympathy,” and held that the life recommendation was not reasonable under the standard of Tedder v. State, 322 So.2d 908 (Fla.1975). Coleman, 610 So.2d at 1287. The trial judge overrode the jury recommendation and imposed four death sentences, stating that justification for the imposition of death was “so clear and convincing that virtually no reasonable person could differ.” Id. On direct appeal, this Court struck the avoid or prevent lawful arrest aggravator after finding the evidence insufficient to support it, but found that the other four aggravators were supported by the record. Id. at 1287. This Court also found that the trial court’s override was proper under Tedder because of the lack of mitigation presented in the case. Coleman, 610 So.2d at 1287.

MOTION FOR POSTCONVICTION RELIEF

On March 24, 1997, Coleman filed a Motion to Vacate Judgments of Conviction and Sentence with Special Request for Leave to Amend.4 On February 3, 2000, [1215]*1215Coleman again filed a Motion to Vacate Judgment of Conviction and Sentence with Special Request for Leave to Amend.5 A [1216]*1216Huff6 hearing was conducted on July 25, 2000. The postconviction court conducted an evidentiary hearing on January 24 and 25, 2001. Subsequently, Coleman filed a Second Amended Motion to Vacate on May 10, 2004.7 The postconviction court denied Coleman’s motion for postconviction relief and both amendments. In response, on August 2, 2004, Coleman filed a Notice of Appeal with this Court. On August 9, 2004, he filed an Amended Notice of Appeal.

On April 18, 2005, Coleman filed a Motion to Relinquish Jurisdiction for a Determination of Mental Retardation. On April 21, 2005, Coleman filed a Motion to Vacate Judgment and Sentence with Request to Amend.8 This Court granted Coleman’s motion to relinquish on September 23, 2005, and on July 17, 2007, the postconviction court conducted an evidentiary hearing on the Atkins claim. On August 1, 2007, the postconviction court issued an order finding Coleman is not mentally retarded and denying Coleman postconviction relief. This appeal9 and accompanying petition for habeas corpus10 followed.

INEFFECTIVE ASSISTANCE OF COUNSEL

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

Related

IRICK, III v. JONES
District Court of Appeal of Florida, 2024
Tiffany Ann Cole v. State of Florida
221 So. 3d 534 (Supreme Court of Florida, 2017)
Edward J. Zakrzewski, II v. Julie L. Jones, etc.
221 So. 3d 1159 (Supreme Court of Florida, 2017)
Spencer v. State
201 So. 3d 573 (Court of Criminal Appeals of Alabama, 2015)
Macias v. State
143 So. 3d 952 (District Court of Appeal of Florida, 2014)
State of Florida v. Thomas D. Woodel
145 So. 3d 782 (Supreme Court of Florida, 2014)
Geter v. State
115 So. 3d 385 (District Court of Appeal of Florida, 2013)
Robinson v. State
95 So. 3d 171 (Supreme Court of Florida, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
64 So. 3d 1210, 2011 WL 2149983, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coleman-v-state-fla-2011.