Howell v. State

109 So. 3d 763, 38 Fla. L. Weekly Supp. 140, 2013 WL 646550, 2013 Fla. LEXIS 306
CourtSupreme Court of Florida
DecidedFebruary 19, 2013
DocketNo. SC13-136
StatusPublished
Cited by18 cases

This text of 109 So. 3d 763 (Howell 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
Howell v. State, 109 So. 3d 763, 38 Fla. L. Weekly Supp. 140, 2013 WL 646550, 2013 Fla. LEXIS 306 (Fla. 2013).

Opinion

PER CURIAM.

Paul Augustus Howell, a prisoner under sentence and active warrant of death, appeals the trial court’s order summarily denying his successive motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.851.1 Howell was convicted and sentenced to death when the bomb he constructed, with the specific purpose of killing a witness, instead detonated and killed a Florida Highway Patrol Trooper. This Court upheld Howell’s convictions and death sentence on direct appeal in 1998, Howell v. State, 707 So.2d 674, 683 (Fla.1998), and affirmed the trial court’s denial of postconviction relief in 2004. Howell v. State, 877 So.2d 697, 705 (Fla.2004).

After the Governor signed a death warrant on January 18, 2013, and the execution was set for February 26, 2013, this Court entered a scheduling order providing a deadline by which Howell could file any successive motions for postconviction relief in the trial court. The trial court summarily denied Howell’s amended successive motion for postconviction relief by order dated February 4, 2013. Howell appeals that summary denial, raising three claims: (1) the trial court erred in denying his motion to remove appointed registry counsel due to a conflict of interest; (2) the trial court erred in denying his motions to appoint experts and investigators; and (3) Florida’s capital sentencing scheme is unconstitutional specifically with respect to lethal injection. In addition, Howell filed an application for stay of execution.

We have carefully reviewed the claims raised, as well as the prior history of this case, and for the reasons more fully set forth in this opinion, we affirm the trial court’s order denying postconviction relief and deny the motion for stay.

PROCEDURAL HISTORY

The facts of this case are set forth in Howell’s direct appeal of his conviction and death sentence:

In January of 1992, Howell constructed a bomb for the specific purpose of killing Tammie Bailey at her home in Marianna, Florida. Bailey, Howell, and Howell’s brother, Patrick, were part of a drug ring involving a number of other individuals in which drugs were obtained in Fort Lauderdale and then sold in Marianna, Florida. Howell intended to eliminate Bailey as a witness because she had knowledge that could link Howell and his brother to a prior murder. The bomb was placed inside a microwave oven and then the oven was gift-wrapped. Howell paid Lester Watson to drive and deliver the microwave to Bailey. Although he knew that Howell [766]*766had often made pipe bombs, Watson testified that he thought the microwave contained drugs. Howell rented a car for Watson to use for the trip. Watson was accompanied on the trip by Curtis Williams.
While traveling on 1-10 toward Ma-rianna, Watson was stopped by Trooper Jimmy Fulford for speeding. Fulford ran a registration check on the car and a license check on Watson, who gave the trooper a false name and birth date because he did not have a valid driver’s license. The radio dispatcher contacted the car rental company and was informed that Howell had rented the car. The dispatcher contacted Howell at his home in Fort Lauderdale, Florida, to determine whether the rental car had been stolen from him. Howell told the dispatcher that he had loaned the car to Watson but did not know that Watson would be traveling so far with the vehicle. Howell was informed by the dispatcher that Watson was going to be taken to the Jefferson County Jail. Howell did not give any warning to the dispatcher regarding the bomb.
Deputies Harrell and Blount of the Jefferson County Sheriff’s Department arrived at the scene and Watson gave them permission to search the vehicle. Trooper Fulford and the deputies observed the gift-wrapped microwave in the trunk of the car. Watson was arrested for speeding and driving without a valid driver’s license and was transported, along with Williams, to the jail by Deputy Blount. Deputy Harrell also proceeded to the jail, leaving Trooper Fulford alone with the rental car. Shortly thereafter, a massive explosion took place at the scene. Testimony presented at Howell’s trial by the State’s explosives expert indicated that Trooper Fulford had been holding the microwave in his hands when the bomb went off. Trooper Fulford died instantly due to the massive trauma caused by the explosion.
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The jury found Howell guilty of first-degree murder and of making, possessing, placing, or discharging a destructive device or bomb. The jury also returned a special verdict finding that the charge of first-degree murder was established by both proof of premeditated design and felony murder. At the penalty phase, the jury recommended death by a vote of ten to two. The trial court found that the following aggravators applied to the murder: (1) Howell knowingly created a great risk of death to many persons; (2) the murder was committed while Howell was engaged in the unlawful making, possessing, placing, or discharging of a destructive device or bomb; (3) the murder was committed for the purpose of avoiding or preventing a lawful arrest; (4) the victim was a law enforcement officer engaged in the performance of his official duties; and (5) the murder was committed in a cold, calculated, and premeditated manner without any pretense of moral or legal justification (CCP). The trial court also found that the following statutory and nonstatutory mitigators applied: (1) Howell had no significant history of pri- or criminal activity; (2) the murder was committed while Howell was under the influence of extreme mental or emotional disturbance (given little weight); (3) Howell had served in the military and received an honorable discharge (given little weight); (4) Howell displayed good behavior as a pretrial detainee; and (5) Howell was a good family man (deemed inconsequential). The trial court found that the enormity of the proved aggravating circumstances far outweighed the mitigating circumstances and imposed [767]*767the death penalty in conformance with the jury’s recommendation that Howell be sentenced to death. The trial court declined to impose a sentence on Howell’s conviction for constructing the bomb because this charge and the murder charge both arose from a single underlying offense.

Howell, 707 So.2d at 676-77.

On direct appeal to this Court, Howell, represented by attorney Robert A. Nor-gard, raised nine issues, which we rejected.2 In his only guilt-phase claim, Howell challenged the trial court’s refusal to appoint different defense counsel for him and its refusal to appoint a second attorney. Specifically as to the trial court’s refusal to appoint different defense counsel, the State had filed a motion to disqualify defense counsel Frank Sheffield from the state court proceedings, stating that Howell had similar charges pending in both state court and federal court and Sheffield had been removed as defense counsel in the federal proceedings and was replaced by attorney William Pfeiffer. Id. at 677. The trial judge held a hearing and found that Sheffield requested to be removed as counsel in the federal proceedings because Sheffield’s wife received a threat directed to Sheffield that if “Howell goes down, Mr. Sheffield is going down too.” Id. at 678. However, at the hearing, Sheffield stated that he was still willing to continue as Howell’s counsel in the state proceedings and had conducted “tons and tons” of discovery. Id. at 677.

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Cite This Page — Counsel Stack

Bluebook (online)
109 So. 3d 763, 38 Fla. L. Weekly Supp. 140, 2013 WL 646550, 2013 Fla. LEXIS 306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howell-v-state-fla-2013.