Gary Ray Bowles v. Ron Desantis, Governor

934 F.3d 1230
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 19, 2019
Docket19-12929-P
StatusPublished
Cited by10 cases

This text of 934 F.3d 1230 (Gary Ray Bowles v. Ron Desantis, Governor) 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
Gary Ray Bowles v. Ron Desantis, Governor, 934 F.3d 1230 (11th Cir. 2019).

Opinions

ED CARNES, Chief Judge:

Gary Ray Bowles is a Florida death row inmate scheduled to be executed on August 22, 2019, at 6:00 p.m. He has moved for a stay of execution so that we can consider more fully the district court's denial of his motion for a stay of execution.

Bowles sought a stay in the district court in order to pursue his 42 U.S.C. § 1983 claim that the State of Florida interfered with what he views as his right under 18 U.S.C. § 3599 to have attorneys in the Capital Habeas Unit (CHU) of the Federal Public Defender's Office represent him before the Florida Clemency Commission and Board. Those attorneys had represented Bowles in his federal habeas proceedings and had served as co-counsel, along with state-appointed counsel, in his state collateral proceedings. The Clemency Commission appointed another attorney to represent Bowles in the clemency proceedings, and that attorney appeared in person at the clemency interview before the Commission. Even though the CHU attorneys were not allowed to appear in person at the interview, they were repeatedly offered opportunities to submit any written materials they desired in support of clemency. And they did submit a joint letter from them, state-appointed collateral counsel, and state-appointed clemency counsel urging that clemency be granted. After holding the interview and considering all of the written materials the Commission submitted a report to the Board, which made the final decision to deny clemency.

The district court denied the motion for a stay of execution because it determined that § 3599 does not create a right that is enforceable against the states. We agree. We also conclude that Bowles has not shown that he is otherwise entitled to a stay of execution from this Court.

I. FACTS AND PROCEDURAL HISTORY

A. Bowles' Crimes And Procedural History

In November of 1994 Bowles murdered a man named Walter Hinton by dropping a 40-pound concrete block on his head while Hinton was asleep. See Bowles v. State, 716 So. 2d 769, 770 (Fla. 1998) ( Bowles I ); Bowles v. State, 804 So. 2d 1173, 1177 (Fla. 2001) ( Bowles II ). After he was arrested Bowles confessed to the crime. Bowles I, 716 So. 2d at 770. He explained how Hinton had given him a place to stay in his mobile home in Jacksonville, Florida, and how on the night of the murder the two men had been drinking and smoking marijuana. Id. How after Hinton went to sleep Bowles went outside and got the cement stepping stone, brought it inside the mobile home, placed it on a table and *1234"thought for a few moments." Bowles II, 804 So. 2d at 1177 (quotation marks omitted). How he then quietly entered Hinton's bedroom and dropped the stone on Hinton's face, fracturing his face from cheek to jaw. Bowles I, 716 So. 2d at 770 ; Bowles II, 804 So. 2d at 1181. How at that point, because Hinton was still alive, he "began to manually strangle [Hinton]," and put a rag in his mouth to smother him to death. Bowles I, 716 So. 2d at 770. The only thing Bowles left out of his confession "was how he [also] stuffed toilet paper" down Hinton's throat. Bowles II, 804 So. 2d at 1181.

After Hinton was dead, Bowles went out. Id. He drove to get some liquor, then picked up a woman on the beach and brought her back to Hinton's home. Id. He made sure to keep her away from the room where Hinton's dead body lay covered in sheets. Id. Bowles was arrested approximately six days later, after having been "seen driving Hinton's car and wearing Hinton's watch." Id. at 1180-81.

Bowles pleaded guilty to first degree murder and a jury recommended that he be sentenced to death, which the trial court did. Id. at 1175. The Florida Supreme Court affirmed the conviction but vacated the death sentence because of an evidentiary error at the original sentence proceeding. Bowles I, 716 So. 2d at 773. On remand, a jury unanimously recommended death and the trial court again imposed that sentence. Bowles II, 804 So. 2d at 1175. This time the Florida Supreme Court affirmed. Id. at 1184.

Bowles' killing of Hinton was no isolated incident, and the sentencing court "assigned tremendous weight to the prior violent capital felony convictions." Id. at 1175. In 1982 Bowles had "brutally attacked" his girlfriend, leaving her with "contusions to her head, face, neck, and chest, as well as bites to her breasts ...

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Cite This Page — Counsel Stack

Bluebook (online)
934 F.3d 1230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gary-ray-bowles-v-ron-desantis-governor-ca11-2019.