Lloyd Duest | Murderpedia, the encyclopedia of murderers

Lloyd DUEST



Classification: Murderer
Characteristics: Robbery
Number of victims: 1
Date of murder: February 15, 1982
Date of arrest: April 18, 1982
Date of birth: October 27, 1951
Victim profile: John Pope
Method of murder: Stabbing with knife
Location: Broward County, Florida, USA
Status: Sentenced to death on April 14, 1983. Resentenced to death on October 26, 2000




Supreme Court of Florida

opinion 75039	opinion SC00-2366


opinion SC07-162





DC# 089061 DOB: 10/27/51 Seventeenth Judicial Circuit, Broward County Case # 82-4283 Sentencing Judge: The Honorable Patricia W. Cocalis Resentencing Judge: The Honorable Judge Susan Lebow Attorney, Trial: Evan Baron – Private Attorney, Direct Appeal: R.E. Conner – Private Attorney, Collateral Appeals: Todd Scher – CCRC-S Date of Offense: 02/15/82 Date of Sentence: 04/14/83 Date of Resentence: 10/26/00 Circumstances of Offense: On 02/15/82, witnesses saw Lloyd Duest carrying a knife in the waistband of his pants. Later that day, he told a witness that he was going to a gay bar to “roll a fag.” Duest was later seen at a bar with the victim, John Pope, and the two later left in Pope’s gold Camaro. When Pope’s roommate, David Shifflett, returned home, he found the house unlocked, the lights on, the stereo on with the volume turned up, and blood on the bed. The roommate called the Sheriff’s Department, and when the deputy sheriff arrived, Pope was found on the bathroom floor in a pool of blood, having suffered multiple stab wounds. At trial, Duest presented documentary and testimonial evidence that he was in Massachusetts on the day of the murder and did not arrive in Florida until 04/05/82. At trial, the State presented testimony from seven witnesses who claimed that they had seen Duest with John Pope in the hours before his death. Trial Summary: 05/21/82 Indicted on one count of First-Degree Murder 03/18/83 Jury returned a guilty verdict 03/19/83 Jury recommended a death sentence by a vote of 7-5 04/14/83 Sentenced to death 10/14/98 Jury recommended a death sentence by a vote of 10-2 10/26/00 Resentenced to death Additional Information: Duest had prior convictions in Massachusetts for Armed Robbery and Armed Assault with Intent to Murder. The trial court used these convictions as aggravating circumstances in its sentencing order of 04/24/83. Case Information: Duest filed a Direct Appeal with the Florida Supreme Court on 05/16/83, citing the following errors: allowing testimony of two state witnesses, failing to grant a mistrial for the prosecutor insulting defense counsel during cross-examination of a state witness, lacking sufficient evidence of premeditated murder, admitting a prejudicial photograph into evidence, and improper finding of aggravating and mitigating circumstances. The FSC affirmed Duest’s conviction and sentence on 01/10/85. Duest filed a 3.850 Motion with the Circuit Court on 02/19/87 that was denied on 01/05/90. Duest filed a Petition for Writ of Habeas Corpus on 11/17/89 with the Florida Supreme Court, raising numerous claims of ineffective assistance of counsel. The FSC denied the Habeas Petition on 01/18/90. Duest filed a 3.850 Motion Appeal on 01/11/90 with the Florida Supreme Court, raising numerous claims, but the FSC only discussed two: failure of the State to provide exculpatory evidence to the defense and Duest was deserving of a new sentencing hearing due to his Massachusetts conviction for armed assault being overturned, which was used by the trial court as an aggravating circumstance. In addition, the FSC rejected Duest’s seven claims of ineffective assistance of counsel. On 01/18/90, the FSC affirmed the trial court’s denial of the 3.850 Motion. Duest filed a Petition for Writ of Habeas Corpus with the U.S. District Court for the Southern District of Florida on 01/18/90, claiming twenty-five issues. The USDC denied the Habeas Petition on 09/19/90. Duest filed an appeal of the Writ of Habeas Corpus denial with the U.S. Court of Appeals on 12/03/90. On 07/15/92, the USCA affirmed Duest’s conviction, but vacated the death sentence and remanded the case to the USDC for reconsideration. The court found that Duest’s death sentence should be vacated due to Duest’s Massachusetts conviction, which was used as an aggravating circumstance in his Florida death sentence, was later overturned by a Massachusetts court. The State of Florida filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/04/93. On 04/26/93, the USSC granted the Petition, vacated the judgment of the USCA, and remanded the case to the USCA for reconsideration. Duest filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/28/93 that was denied on 04/19/93. On 07/29/93, the USCA again vacated the death sentence and remanded the case to the USDC for reconsideration. Duest filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/29/93 that was denied on 02/22/94. The State of Florida filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/29/93 that was denied on 02/22/94. On 03/15/94, the USDC granted the Habeas Petition and vacated Duest’s death sentence. Duest was resentenced to death on 10/26/00. Duest filed a Direct Appeal with the Florida Supreme Court on 11/06/00, citing the following errors: failure of the State to disclose exculpatory evidence; improperly excluding evidence and testimony; erroneously finding the heinous, atrocious, or cruel aggravating circumstance; and failure to find mental health mitigating circumstances. On 06/26/03, the FSC affirmed the death sentence. Duest filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/06/03 that was denied on 04/19/04. Duest filed a 3.851 Motion with the Circuit Court on 04/15/05. On 06/09/06, an Evidentiary Hearing was held. Floridacapitalcases.state.fl.us