Hall v. State

381 So. 2d 683
CourtSupreme Court of Florida
DecidedDecember 20, 1979
Docket49566, 49567 and 51777
StatusPublished
Cited by19 cases

This text of 381 So. 2d 683 (Hall 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
Hall v. State, 381 So. 2d 683 (Fla. 1979).

Opinion

381 So.2d 683 (1979)

Jessie Lamar HALL, Appellant,
v.
STATE of Florida, Appellee.

Nos. 49566, 49567 and 51777.

Supreme Court of Florida.

Order For Clarification September 21, 1978.
December 20, 1979.
Rehearing Denied March 28, 1980.

*684 Allen P. Allweiss, St. Petersburg, for appellant.

Jim Smith, Atty. Gen., and Carolyn M. Snurkowski and Charles W. Musgrove, Asst. Attys. Gen., Tallahassee, for appellee.

Per Curiam December 20, 1979.

ORDER FOR CLARIFICATION

This cause is before us on direct appeals from two judgments of guilty of murder in the first degree, a judgment of guilty for involuntary sexual battery, and sentences of death and life imprisonment, respectively, imposed upon the judgments. In reviewing the findings of fact supporting the death sentences, it appears that the trial judge considered all of the mitigating and aggravating circumstances enumerated in Section 921.141, Florida Statutes (1975). However, in light of the trial judge's following statement:

Not only does the Court find aggravating circumstances in that the capital felonies were committed while the defendant was engaged, or was an accomplice, in the commission of a rape, but further finds that the capital felonies were especially heinous, atrocious and cruel, and finds that there are insufficient mitigating circumstances as enumerated in Section 921.141, Florida Statutes, to outweigh the aforesaid aggravating circumstances....

a more detailed statement of findings of fact delineating the aggravating and mitigating circumstances found to exist is required. This additional information is necessary to enable this Court to properly review the death sentence in accordance with our pronouncement in Tedder v. State, 322 So.2d 908, 910 (Fla. 1975), that:

In order to sustain a sentence of death following a jury recommendation of life, the facts suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ....

Accordingly, the trial court is directed to submit an amended, more explicit, written findings of fact to this Court within twenty (20) days from the date of this order. In that the record on appeal in this cause will be supplemented by such amended written findings of fact, appellant is hereby granted leave to file a supplemental brief within twenty (20) days from the date the amended findings of fact are filed. In the event a supplemental brief is filed by appellant, appellee is hereby allowed ten (10) days from the date such supplemental brief is filed within which to file a brief in response thereto. Any such brief as may be filed shall be limited to the matters or issues presented by the amended findings of fact.

It is so ordered.

ENGLAND, C.J., and ADKINS, BOYD, OVERTON, SUNDBERG and HATCHETT, JJ., concur.

OPINION ON THE MERITS

PER CURIAM.

This is a direct appeal from two judgments of the Circuit Court for Orange *685 County, Florida, of guilty of murder in the first degree and sentences of death, following jury recommendations of life imprisonment. Appellant was also adjudged guilty of involuntary sexual battery and sentenced to life imprisonment for that offense. Our jurisdiction is predicated upon article V, section 3(b)(1), Florida Constitution.

While walking along Dunedin Beach on August 27, 1975, Thomas I. Mills discovered the bodies of David Sawyer and Susan Rhoutt. Both victims had been shot three times in the head. Mills contacted police officers who discovered expended .25 caliber WW casings near the bodies. Lab tests determined that the bullets had been fired from a semiautomatic weapon. An autopsy revealed that Susan Rhoutt had engaged in sexual intercourse up to twelve hours prior to her death. In addition, a high acid phosphatase level in her anal tract was found along with type A, B and O blood groupings which evidenced sexual activity. The pubic area of both victims was combed, and hairs were recovered from Susan Rhoutt's blouse.

On September 5, 1975, Deputy Warden contacted appellant at a local bar and requested that he proceed to the Dunedin Beach police station for questioning. Pursuant to a radio message from Warden, Sgt. McKenna asked appellant to wait in his office until Warden's arrival, which occurred fifteen to twenty-five minutes later. The officer offered appellant a cup of coffee but did not question him, warn him of his Miranda rights, or place him under arrest. In response to appellant's question as to why he had been called, Sgt. McKenna stated that "It would be best he waited for Warden and Warden would explain it to him." Appellant then stated with respect to Darrell Hoy, appellant's companion the night of the murder, "Did he say I did that to those kids? ... If Darrell said that I did that to those kids, he's crazy. You would have to be crazy to do a thing like that."

Subsequent to Deputy Warden's arrival, appellant was advised of his Miranda rights and voluntarily spoke to the officers. Appellant also executed a written waiver permitting extraction of head and pubic hair samples. Police officers informed appellant that these samples were sought for comparison with samples obtained from the murder victims. Hair samples were also obtained from Darrell Hoy. A consent search of appellant's house was conducted, but no evidence was discovered. The hair analysis revealed that a pubic hair found on Susan Rhoutt matched that of Darrell Hoy and hairs recovered from Susan's blouse matched those of the appellant.

On September 7, 1975, appellant was arrested for first degree murder. On September 26, 1975, appellant was indicted on two counts of first degree murder and for involuntary sexual battery. During appellant's incarceration pending trial, a search warrant was obtained and appellant's residence was again searched. The second search revealed several .25 caliber WW shells in a can.

At trial, a prosecution witness testified that appellant argued with David Sawyer over Susan Rhoutt the night before the murders. Appellant and Hoy visited a friend's house the evening of the murder and, as they left the residence, appellant suggested to Hoy that they go to the beach. Another witness for the state testified that (1) approximately fifteen months prior to the murders, he observed appellant carrying a .25 caliber automatic in his boot and using WW ammunition similar to the death bullets; (2) he saw similar bullets in appellant's home and the can in which they had been stored within one month prior to the murders; and (3) a week before the crimes he observed a gun on the floor of Hoy's car which Hoy kicked under appellant's seat.

Darrell Hoy, called as a court's witness, stated that he and appellant did not go to the beach on the evening of the murders. The state sought to impeach Hoy with contradictory statements given while in jail which implicated appellant in the killings. Hoy acknowledged the statements but stated that they were wrong. Thereafter, Hoy invoked the fifth amendment, thereby precluding cross-examination by defense counsel. Hoy was then dismissed from the witness stand.

*686 Appellant testified in his behalf, stating that (1) he had not argued with David Sawyer; (2) he was not acquainted with Susan Rhoutt; (3) he neither suggested going to the beach nor arranged such an excursion on the evening of the murders; and (4) he neither possessed nor used a .25 caliber weapon or ammunition.

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Bluebook (online)
381 So. 2d 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-state-fla-1979.