Green v. State

583 So. 2d 647, 1991 WL 94295
CourtSupreme Court of Florida
DecidedJune 6, 1991
Docket71540
StatusPublished
Cited by21 cases

This text of 583 So. 2d 647 (Green 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
Green v. State, 583 So. 2d 647, 1991 WL 94295 (Fla. 1991).

Opinion

583 So.2d 647 (1991)

Alphonso GREEN, Appellant,
v.
STATE of Florida, Appellee.

No. 71540.

Supreme Court of Florida.

June 6, 1991.
Rehearing Denied August 23, 1991.

*648 Robert Fraser of Sawyer and Pilka, P.A., Tampa, for appellant.

Robert A. Butterworth, Atty. Gen., and Donna A. Provonsha, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Alphonso Green appeals his convictions for two counts of first-degree murder and the sentences of death imposed for both counts by the trial court in accordance with the jury's recommendation. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. For the reasons expressed, we affirm the convictions and the death sentences.

The relevant facts are as follows. Alphonso Green lived in a rented duplex apartment with his girlfriend, Cassandra Jones, in Hillsborough County. They rented this apartment from Robert and Dora Nichols. On October 1, 1986, the sheriff posted an eviction notice on Green's apartment. There was a subsequent agreement between Green and the Nicholses that the $250 in back rent would be due on October 10, 1986, or the couple would have to vacate. On the evening of October 10, 1986, Green and Ms. Jones went to the Nicholses' home and paid the $250.

Douglas Atkins lived in an apartment adjacent to the Nicholses' home. On the night of October 10, he heard a knock on his window, followed by a loud knocking on the Nicholses' door. Atkins observed a black man, wearing no shoes or shirt. Neither he nor his girlfriend could identify the individual. Atkins went to the nearby *649 home of another neighbor and armed himself. Upon returning, he heard drawers opening and closing in the Nicholses' home. Atkins left again to get the neighbor and, accompanied by the neighbor, went to the Nicholses' home. This time, the home was quiet and the lights were off. They entered and saw Mrs. Nichols lying dead on the floor.

The investigating officer, Detective Noblitt, arrived at the Nicholses' home after midnight on October 11, 1986. His testimony reflects that he discovered Mrs. Nichols lying inside the house near the front foyer; that she had been stabbed fourteen times; that Mr. Nichols was lying in the bedroom with bed covers stuffed into his mouth; that he had twenty-eight stab wounds; that he observed blood smears throughout the house and outside on the entrance railing, doors, handles, and gate; and that he found a green work shirt lying on the bedroom floor, which Green later identified as his own. The detective testified that he had been advised that a knife was missing from Green's kitchen. He went to Green's and Jones' residence and obtained from Jones a signed consent form to search the premises. As a result of this search, the police discovered several knives, including a butcher knife with a broken handle.

The testimony established that Green traveled to St. Petersburg and then to Ft. Lauderdale where he surrendered to the police. On October 20, Detective Noblitt and Sergeant Price arrived at the Ft. Lauderdale Police Department with a warrant for Green's arrest. The officers read Green his Miranda[1] rights, and Green signed a consent form. The officers testified that Green described the events of October 10, 1986. According to Detective Noblitt, Green stated that, after paying the Nicholses the $250, Green had a series of encounters with acquaintances during which he smoked cocaine; that afterwards he and a man named Bobby decided to retrieve the $250 check from the Nicholses' home to buy additional cocaine; that Green and Bobby walked to the alley behind Green's apartment; that Green pushed in his back door and Ms. Jones, who was inside, yelled at him; that they next went to the Nicholses' residence; that Green and Bobby knocked on the Nicholses' door and Mr. Nichols allowed them inside; that Green asked for his check and Mrs. Nichols refused; that Bobby then pulled out a large butcher knife and started stabbing Mrs. Nichols; that Mr. Nichols ran to the bedroom; and that Green and Bobby then left the home.

Detective Noblitt testified that he challenged Green's account and explained to Green that his investigation indicated that only one person had committed the crimes. Noblitt stated that Green again said that Bobby did it. Finally, Green admitted that there was no Bobby, that he was by himself, and that he could not believe what he had done. In his final confession, Noblitt stated that Green admitted that he came home, put on a clean work shirt, and took the largest butcher knife from the house; that he went to the Nicholses' home and was admitted by Mr. Nichols; that Mrs. Nichols was adamant about keeping Green's check; that the next thing he knew was that Mrs. Nichols was on the floor, stabbed and bleeding; that he followed Mr. Nichols to the back bedroom; that the next thing he knew was that Mr. Nichols was on the floor stabbed, bleeding and moaning; that he stuffed the blanket into Mr. Nichols' mouth; that he wiped the blood from his hands onto his shirt, which he stuck into his back pocket; that, as he started to leave, he saw a white neighbor, who also rented from the Nicholses; that he jumped over several fences and returned to his apartment, changed clothes, and walked to the Boston Bar; and that, later that night, he hitched a ride to St. Petersburg and then to Ft. Lauderdale, where he stayed one night before turning himself in to the police department. As part of this statement, Green explained that a scar on the palm of his right hand was the result of a rivet on the butcher knife which cut him when he grabbed the knife and thrust it. He also stated that he had put the knife back in his apartment.

*650 At trial, Green testified on his own behalf and denied having committed the murders or having confessed to the detectives. He claimed instead that Bobby either punched or stabbed Mr. Nichols when he opened the door and that he was intoxicated by cocaine. He maintained that the detectives fabricated his confession.

During the jury-selection process, the state challenged three black jurors peremptorily over defense objections. In response to the second objection, the trial judge concluded that there was a sufficient showing for Neil[2] purposes and required the state to give reasons for its peremptory challenges.

The record reflects that juror No. 14, the first black juror challenged peremptorily by the state, stated during voir dire that he knew Green and his mother and other witnesses and that he would be very uncomfortable in serving. The trial court found that this was a justifiable reason and Green concedes that this was a proper peremptory challenge.

Juror No. 18, the second black juror challenged peremptorily, expressed concern during voir dire about the death penalty and did not believe that it had a deterrent effect. The colloquy that formed the reason for the state's peremptory challenge was as follows:

Q What kind of views do you have on the death penalty?
A I can see both sides of it... . But it certainly hasn't deterred people from committing terrible crimes... .
... .
There is no deterrent by it... .
Q What are your personal views; you can't decide?
A I just don't know... .
... .
Q Do you think you could under the appropriate circumstances recommend to Judge Menendez that a person be given the death penalty?
A It would have to be something terrible.

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Bluebook (online)
583 So. 2d 647, 1991 WL 94295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-state-fla-1991.