Hildwin v. State

84 So. 3d 180, 36 Fla. L. Weekly Supp. 234, 2011 Fla. LEXIS 1254, 2011 WL 2149987
CourtSupreme Court of Florida
DecidedJune 2, 2011
DocketNo. SC09-1417
StatusPublished
Cited by9 cases

This text of 84 So. 3d 180 (Hildwin 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
Hildwin v. State, 84 So. 3d 180, 36 Fla. L. Weekly Supp. 234, 2011 Fla. LEXIS 1254, 2011 WL 2149987 (Fla. 2011).

Opinion

PER CURIAM.

Paul Christopher Hildwin was convicted and sentenced to death in 1986 for the murder of Vronzettie Cox. This Court affirmed Hildwin’s conviction and sentence of death on direct appeal. Hildwin v. State (Hildwin I), 531 So.2d 124, 129 (Fla.1988). Hildwin was subsequently granted a new penalty-phase trial on the basis that his trial counsel rendered ineffective assistance for failing to adequately investigate, prepare, and present mitigating evidence. Hildwin v. Dugger (Hildwin II), 654 So.2d 107, 110-11 (Fla.1995). After the new penalty-phase proceeding was held in 1996, Hildwin was again sentenced to death, and this Court affirmed his sentence on direct appeal. Hildwin v. State (Hildwin III), 727 So.2d 193, 198 (Fla.1998). Hildwin then filed a motion for postconviction relief attacking his death sentence under Florida Rule of Criminal Procedure 3.850, which was denied by the trial court after an evidentiary hearing.

This appeal follows from the denial of postconviction relief alleging ineffective assistance of counsel in the second penalty-phase proceeding.1 For the reasons explained in this opinion, we affirm the trial court’s denial of Hildwin’s motion for post-conviction relief.

FACTS AND PROCEDURAL HISTORY

The following facts were set forth in this Court’s 1988 decision on direct appeal from the conviction and sentence:

[183]*183Appellant was arrested after cashing a check purportedly written to him by one Vronzettie Cox, a forty-two-year-old woman whose body had been found in the trunk of her car, which was hidden in dense woods in Hernando County. Death was due to strangulation; she also had been raped. Evidence indicated she had been killed in a different locale from where her body was found. Her purse, from which some contents had been removed, was found in dense woods, directly on line between her car and appellant’s house. A pair of semen-encrusted women’s underpants was found on a laundry bag in her car, as was a sweat-stained wash rag. Analysis showed the semen and sweat came from nonsecretor (i.e., one who does not secrete blood into other bodily fluids). Appellant, a white male, was found to be a nonsecretor; there was testimony that white male nonsecretors make up eleven percent of the population.
The victim had been missing for four days when her body was found. The man she lived with, one Haverty, said she had left their home to wash clothes at a coin laundry. To do so, she had to pass a convenience store. Appellant’s presence in the area of the store on the date of her disappearance had come about this way: He and two women had gone to a drive-in movie, where they had spent all their money. Returning home early in the morning, their car ran out of gas. A search of the roadside yielded pop bottles, which they redeemed for cash and bought some gasoline. However, they still could not start the car. After spending the night in the car, appellant set off on foot at 9 a.m. toward the convenience store near the coin laundry. He had no money when he left, but when he returned about an hour and a half later, he had money and a radio. Later that day, he cashed a check (which he later admitted forging) written to him on Ms. Cox’s account. The teller who cashed the check remembered appellant cashing it and recalled that he was driving a car similar to the victim’s.
The check led police to appellant. After arresting him the police searched his house, where they found the radio and a ring, both of which had belonged to the victim. Appellant gave several explanations for this evidence and several accounts of the killing, but at trial testified that he had been with Haverty and the victim while they were having an argument, and that when Haverty began beating and choking her, he left. He said he stole the checkbook, the ring, and the radio. Haverty had an alibi for the time of the murder and was found to be a secretor.
Appellant made two pretrial statements that are pertinent here. One was a confession made to a cellmate. The other was a statement made to a police officer to the effect that Ms. Cox’s killer had a tattoo on his back. Haverty had no such tattoo, but appellant did.

Hildwin I, 531 So.2d at 125-26. Hildwin was convicted of first-degree murder. During the penalty phase, Hildwin did not present any mental health expert testimony, but did present lay witness testimony that “was quite limited.” Hildwin II, 654 So.2d at 110 n. 7. The testimony “revealed that Hildwin’s mother died before he was three, that his father abandoned him on several occasions, that Hildwin had a substance abuse problem, and that Hildwin was a pleasant child and is a nice person.” Id. Following the penalty phase, the jury unanimously recommended death. The trial court followed the jury’s recommendation, finding four aggravators and no mitigation. This Court affirmed Hildwin’s conviction and sentence on direct appeal. Hildwin I, 531 So.2d at 129.

[184]*184Hildwin then filed a motion for postcon-viction relief under Florida Rule of Criminal Procedure 3.850 and a habeas petition. See Hildwin II, 654 So.2d at 108. Among other things, Hildwin asserted that his counsel was ineffective for failing to investigate and present mitigating evidence. Id. at 109. Am evidentiary hearing was held in which Hildwin put on testimony from experts and lay witnesses to show that counsel’s investigation and presentation of evidence was deficient and constituted ineffective assistance of counsel. This Court agreed, noting that Hildwin had “presented an abundance of mitigating evidence which his trial counsel could have presented at sentencing,” including two mental health experts that the trial court found “most persuasive and convincing,” as well as “substantial lay testimony.” Id. at 110 & n. 8. This Court vacated Hildwin’s sentence of death and remanded for a new penalty-phase trial. Id. at 111.

The new penalty-phase trial was held in 1996. At the trial, Hildwin presented two mental health experts, Drs. Maher and Berland, who testified that Hildwin had a brain injury or impairment and was mentally ill. Lay witnesses also testified that Hildwin had a horrible childhood, which included physical and mental abuse inflicted by his father, suicide attempts, and abandonment and neglect.

After the new penalty-phase trial, the jury voted to recommend the death sentence by a vote of eight to four, and the trial court sentenced Hildwin to death. In its resentencing order, the trial court found four aggravators: (1) Hildwin was under a sentence of imprisonment at the time of the murder; (2) he had previously been convicted of prior violent felonies; (3) the murder was committed for pecuniary gain; and (4) the murder was especially heinous, atrocious, or cruel (HAC). Hildwin III, 727 So.2d at 194.

In contrast to the first penalty phase in which no mitigation was found, the trial court found two statutory mitigators, both of which it assigned “some weight”: (1) Hildwin was under the influence of an extreme mental 'or emotional disturbance at the time of the murder; and (2) his capacity to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law was substantially impaired. Id.

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Cite This Page — Counsel Stack

Bluebook (online)
84 So. 3d 180, 36 Fla. L. Weekly Supp. 234, 2011 Fla. LEXIS 1254, 2011 WL 2149987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hildwin-v-state-fla-2011.