12/16/77
Jury returned guilty verdicts on all counts of the indictment
12/20/77
Jury recommended a death sentence by a vote of 12-0
01/27/78
Sentenced as follows:
Count I First-Degree Murder – Death
Count II Conspiracy to Commit
First-Degree Murder - 30 years
09/09/87
FSC granted Petition for
Writ of Habeas Corpus and Stay of Execution, vacated the death sentence,
and remanded to the trial court for a new sentencing proceeding
02/03/89
Jury recommended a death sentence by a vote of 8-4
02/17/89
Resentenced to death
Case Information:
Downs filed a
Direct Appeal with the Florida Supreme Court on 03/02/78, citing fifteen
errors; however, the FSC chose to comment on only one error, finding the
other alleged errors to be without merit.
Downs alleged that he was
denied an impartial jury, arguing that five jurors were improperly
excused for cause because they indicated that they unable to vote for
the death penalty, but were able to determine guilt. The FSC rejected
this argument, and on 05/22/80, affirmed Downs’ conviction and
sentence.
Downs filed a
Petition for Writ of Certiorari with the U.S. Supreme Court on 08/04/80
that was denied on 11/03/80.
Downs filed a Petition for Writ of Habeas Corpus with the Florida
Supreme Court on 10/24/80 that was denied without prejudice on 05/19/81
to allow Downs to file a 3.850 Motion with the trial court.
Downs filed a
3.850 Motion with the circuit court on 06/21/82 that was denied on
08/12/83.
Downs filed a 3.850
Motion Appeal with the Florida Supreme Court on 08/26/83, citing
numerous issues, which the FSC found to be without merit, choosing only
to comment on Downs’ claim of ineffective assistance of trial counsel.
The FSC found that Downs’ claim of ineffective assistance of trial
counsel was unfounded, and on 06/21/84, the FSC affirmed the trial
court’s denial of the 3.850 Motion.
Downs filed a
Petition for Writ of Habeas Corpus with the Florida Supreme Court on
11/02/84, arguing ineffective assistance of appellate counsel.
The FSC found that Downs failed to prove ineffective representation and
prejudice to his case, and on 08/29/85, the court denied his Petition.
Downs filed a
Petition for Writ of Habeas Corpus and Stay of Execution with the
Florida Supreme Court on 09/08/87, arguing that the trial court
precluded the jury from considering all mitigating evidence, both
statutory and non-statutory, which is contrary to the U.S. Supreme
Court’s ruling in Hitchcock v. Dugger (1987).
The FSC
agreed with Downs’ argument and on 09/09/87, the court granted the
Petition, stayed the execution, vacated the death sentence, and remanded
the case to the trial court for a new sentencing proceeding.
A
resentencing jury recommended a death sentence by a vote of 8-4, and
Downs was
resentenced to death on 02/17/89.
Downs filed a Direct Appeal, after resentencing, with the Florida
Supreme Court on 03/29/89, citing the following errors: exclusion of
testimony of Downs’ grandmother; admission of Johnson’s testimony;
exclusion of mitigating circumstances from the jury’s consideration;
quashing Downs’ subpoena to question the prosecutor in the original
Direct Appeal about plea bargains given to the other conspirators;
failure to instruct the jury regarding lingering doubt about Downs as
the triggerman; giving the jury a non-statutory aggravating circumstance
(future dangerousness); not requiring Downs’ presence in court when
answering a question during jury deliberations; lack of discussion about
mitigating circumstances in the sentencing order; and disproportionate
punishment compared to the other conspirators. The FSC affirmed the
conviction and sentence on 09/20/90.
Downs filed a
Petition for Writ of Certiorari with the U.S. Supreme Court on 04/26/91
that was denied on 10/07/91.
Downs filed a
3.850 Motion with the trial court on 11/30/92 that was denied on
03/13/97.
Downs filed a 3.850 Motion Appeal with the Florida Supreme Court on
05/12/97, raising fourteen points on appeal, but the FSC only chose to
respond to Downs’ claims regarding public records requests, withheld
exculpatory evidence, claims of ineffective assistance of counsel, and
vague and invalid aggravating circumstances. On 05/20/99, the FSC
affirmed the lower court’s denial of the 3.850 Motion.
Downs filed a
Petition for Writ of Habeas Corpus with the Florida Supreme Court on
10/18/00, alleging twelve claims of ineffective assistance of counsel.
The FSC denied the Petition on 09/26/01.
Downs filed a
Petition for Writ of Habeas Corpus with the U.S. District Court, Middle
District, on 12/12/01. On 08/09/02, the USDC administratively closed
the case until either FSC ruling on Bottoson/King or Downs’ Ring claims
and ineffective assistance claims are decided. On 03/22/04, the case
was reopened. On 10/25/04, the USDC dismissed the petition.
Downs filed a 3.850 Motion with the circuit court on 05/30/03 that was
denied on 11/18/03.
Downs filed a 3.850 Motion Appeal with the Florida Supreme Court on
03/01/04 that is pending.
Downs filed a Petition for Writ of Habeas Corpus Appeal with the U.S.
Court of Appeals, 11th Circuit on 12/27/04 that is pending.
