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Charles Kenneth FOSTER

 

 
 
 

 

 

 

 
 
 
Classification: Murderer
Characteristics: Robbery
Number of victims: 1
Date of murder: July 15, 1975
Date of birth: October 20, 1946
Victim profile: Julian Lanier
Method of murder: Stabbing with knife
Location: Bay County, Florida, USA
Status: Sentenced to death on October 4, 1975
 
 
 
 
 

Florida Supreme Court

 
opinion 70184 opinion 76639
 
opinion 82335 opinion SC01-240
 
 
 
 
 
 

DC#  049546
DOB:  10/20/46

Fourteenth Judicial Circuit, Bay County Case # 75-486
Sentencing Judge: The Honorable Mercer P. Spear
Attorney, Trial: William F. Wager, Jr. Ė Assistant Public Defender
Attorney, Direct Appeal:
(1979): Louis G. Carres Ė Assistant Public Defender
(1992): Richard H. Burr, III, Steven W. Hawkins, Steven L. Seliger Ė Private
(1995): Richard H. Burr, III & Steven L. Seliger Ė Private
Attorney, Collateral Appeals: Cate Bonner Ė Private

Date of Offense: 07/15/75

Date of Sentence: 10/04/75

Date of Resentence: 06/18/90, 08/12/93

Circumstances of Offense:

On 07/15/75, Charles Foster and the victim, Julian Lanier, met two girls at a bar who agreed to go somewhere else to drink with the two men.  Lanier bought whiskey and cigarettes and the four left in Lanierís camper-trailer.

Foster and the girls had planned for Lanier to have sex with one of the girls in exchange for money.  The vehicle was parked in a deserted area and Lanier and one of the girls began to undress.

Foster then hit Lanier, put a knife to Lanierís throat and cut his neck.  Lanier was then dragged into the bushes where he was laid face down and covered with pine branches and leaves.  Lanier continued to breathe, so Foster took a knife and cut Lanierís spine at the base of his neck.

The girls and Foster then drove away in Lanierís vehicle and found his wallet underneath a mattress.  Foster and the girls split the money in the wallet and left the vehicle in a motel parking lot.

One of the girls reported the crime and was not charged.

Trial Summary:

08/07/75          Indicted as follows:

Count I             First-Degree Murder

Count II            Robbery

10/03/75           Jury returned guilty verdicts on both counts

10/04/75          Jury unanimously recommended a death sentence for the murder conviction

10/04/75           Sentenced as follows:

Count I              First-Degree Murder Ė Death

Count II             Robbery Ė Life imprisonment

06/18/90           Resentenced to death.  The jury recommended a death sentence by a vote of 8-4. Resentenced as the result of the FSC vacating the original death sentence on 12/03/87.

08/12/93           Resentenced to death.  The jury recommendation was the same 8-4 vote as on 06/18/90.  Resentenced as the result of the FSC remanding the case for a new sentencing order on 10/22/92.

Case Information:

Foster filed a Direct Appeal with the Florida Supreme Court on 11/18/75, citing the following issues:  the trial court erred in striking jurors because of objections to the death penalty, admitting prejudicial photographic evidence, no consideration of a mitigating circumstance, and the death penalty statute is unconstitutional. The FSC affirmed the conviction and death sentence on 02/22/79.

Foster filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 08/06/79 that was denied on 10/01/79.

On 05/05/81, Governor Graham signed a death warrant and the execution was scheduled for 06/03/81.

Foster filed a 3.850 Motion with the Circuit Court on 05/13/81 that was denied on 05/15/81.

Foster filed a 3.850 Motion Appeal and Application for Stay of Execution with the Florida Supreme Court on 05/15/81, citing ineffective assistance of counsel and incompetency during the trial. On 05/28/81, the FSC affirmed the denial of the 3.850 Motion and denied the Application for Stay of Execution.

Foster filed a federal Petition for Writ of Habeas Corpus and Stay of Execution with the U.S. District Court on 05/26/81, citing many issues, but all involve claims of ineffective assistance of counsel and competency during trial.  The USDC denied the Petition and Stay of Execution on 07/02/81.

Foster filed an appeal of the USDCís denial of his Habeas Petition with the U.S. Court of Appeals on 07/08/81.  He cited ineffective assistance of counsel, constitutionality of jury instructions regarding aggravating and mitigating circumstances, use of non-record material in sentencing review by the FSC, and constitutionality of jury instructions regarding non-statutory mitigating circumstances. 

On 06/27/83, the USCA vacated the judgment of the USDC and ordered the USDC to order the Circuit Court to enter findings of fact regarding the sentencing phase of trial.

Foster filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/19/84 that was denied on 05/14/84.

On 09/19/84, Governor Graham signed a death warrant and the execution was scheduled for 10/16/84.

Foster filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/05/84, citing lack of meaningful appellate review of his sentence, no consideration of mitigating circumstances by the trial judge, and lack of proportionality in sentencing.  The FSC denied this Petition on 10/10/84.

Foster filed a federal Petition for Writ of Habeas Corpus with the U.S. District Court on 10/12/84, citing ineffective assistance of counsel.  The USDC denied this Petition on 06/05/86.

Foster filed an appeal of the USDC decision to deny the Habeas Petition with the U.S. Court of Appeals on 08/08/86.  The USCA affirmed the USDC decision on 07/16/87

Foster filed a 3.850 Motion with the Circuit Court on 01/29/87 that was denied on 02/05/87.

Foster filed a 3.850 Motion Appeal on 03/06/87 and a Petition for Writ of Habeas Corpus on 05/26/87 with the Florida Supreme Court, citing error in that the trial court did not consider non-statutory mitigating evidence. 

On 12/03/87, the FSC affirmed the denial of the 3.850 motion, but granted the Habeas petition.  The result was the vacating of the death sentence, and a new sentencing hearing being ordered in which all mitigating evidence could be presented.

Two petitions for Writs of Certiorari were filed with the U.S. Supreme Court - one an appeal of the USCA decision filed on 12/02/87 (filed by Foster) and the other of the FSC decision filed on 04/11/88 (filed by the State).  The USSC denied these Petitions on 06/30/88.

Foster filed a 3.850 Motion with the Circuit Court on 06/01/90 that was denied on 07/18/90.

Foster was resentenced to death on 06/18/90.  The jury recommended the death penalty by a vote of 8-4.

After resentencing, Foster filed a Direct Appeal and 3.850 Motion Appeal with the Florida Supreme Court on 09/20/90, citing numerous issues.  The FSC vacated the death sentence, remanding to the Circuit Court for a new sentencing order, but affirmed the denial of the 3.850 motion.

Foster was resentenced to death on 08/12/93.  The jury recommendation vote of 8-4 was the same vote used to resentence Foster on 06/18/90.  

Foster filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 06/30/93 that was denied on 11/01/93.

After resentencing, Foster filed a Direct Appeal with the Florida Supreme Court on 09/10/93, raising three claims: the death penalty is not proportionate in this case, the trial court erred in concluding that a conflict existed with mental health mitigating circumstances, and the trial courtís instruction regarding the cold, calculated, and premeditated aggravating circumstance was flawed.  The FSC affirmed the death sentence on 02/23/95.

Foster filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 08/07/95 that was denied on 10/10/95.

Foster filed a 3.850 Motion with the Circuit Court on 03/18/97 that was denied on 12/29/00.

Foster filed a 3.850 Motion Appeal on 01/31/01 with the Florida Supreme Court, alleging the following errors: failure of the trial court to hold a hearing as to Fosterís claim of violation of right to impartial jury, failure of the trial court to hold a hearing as to Fosterís claim of violation of double jeopardy, failure of the trial court to hold a hearing as to Fosterís Brady claims, failure of the trial court to hold a hearing as to Fosterís claim that his time spent on death row constituted cruel and unusual punishment, and the FSC engaged in a constitutionally flawed harmless error analysis in his Direct Appeal.  On 02/14/02, the FSC affirmed the denial of the 3.850 Motion.

Foster filed a Petition for Writ of Habeas Corpus on 04/12/01 with the Florida Supreme Court, alleging ineffective assistance of trial and appellate counsel.  On 02/14/02, the FSC denied the Petition.

Foster filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/10/02 that was denied on 10/21/02.

Foster filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Northern District of Florida, on 05/15/03 that was dismissed on 01/13/05.

Foster filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit on 02/17/05 that is pending.

Foster filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 02/27/06 that is pending.

Floridacapitalcases.state.fl.us

 
 


Charles Kenneth Foster

 

 

 
 
 
 
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