Happ filed a Direct Appeal with the Florida Supreme Court on 08/30/89,
citing the following nine errors: denying motion to dismiss the
indictment on double jeopardy grounds, denying motion to suppress
evidence, refusing to answer a jury deliberation question, restricting
evidence regarding witness testimony, failing to find that the State did
not express non-racial reasons for striking a juror, allowing the
reading of Miller’s (a
fellow jail inmate) testimony at the second trial, commenting on the
evidence and limiting defense counsel’s closing arguments, refusing to
allow the defense to refer to the key state witness as a “snitch” and
“squealer,” and denial of a fair trial due to the cumulative effect of
errors.
The FSC affirmed the conviction and sentence on 01/23/92.
Happ filed a Petition for Writ of Certiorari with the U.S. Supreme Court
on 06/08/92 that was granted on 11/02/92. The USSC vacated the sentence
and remanded the case to the FSC.
On
05/20/93, the Florida Supreme Court again affirmed the death sentence of
Happ.
Happ filed a Petition for Writ of Certiorari with the U.S. Supreme Court
on 08/18/93 that was denied on 10/12/93.
Happ filed a 3.850 Motion with the Circuit Court on 01/17/95 that was
denied on 05/15/97.
Happ filed a 3.850 Motion Appeal with the Florida Supreme Court on
06/01/98 that was dismissed without prejudice on 09/13/00 to allow Happ
to raise ineffective assistance of counsel claims in an amended 3.850
Motion.
Happ filed an amended 3.850 Motion with the Circuit Court on 11/02/99
that was again amended on 08/31/00 and 11/10/00. The Motion was denied
on 09/18/03.
Happ filed a Petition for Writ of Habeas Corpus with the Florida Supreme
Court on 10/27/00, citing issues related to ineffective assistance of
appellate counsel. The FSC denied the Petition on 05/03/01.
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