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Jerry Leon HALIBURTON

 
 
 
 
 

 

 

 

 


A.K.A.: Amin Mahdi Abdush Shahid
 
Classification: Murderer
Characteristics: Robbery
Number of victims: 1
Date of murder: August 9, 1981
Date of birth: September 19, 1954
Victim profile: Donald Bohannon
Method of murder: Stabbing with knife
Location: Palm Beach, Florida, USA
Status: Sentenced to death on October 7, 1983
 
 
 
 
 

Florida Supreme Court

 

opinion 64510

opinion 72277

opinion 79382

 
 
 
 
 
 

DC#  046651
DOB:  09/19/54

Fifteenth Judicial Circuit, Palm Beach County Case # 82-1893
Sentencing Judge: The Honorable Jack Cook
Resentencing Judge: The Honorable Hubert R. Lindsey
Attorney, Trial: Nelson E. Bailey & Charles Musgrove – Private
Attorney, Direct Appeal: Charles Musgrove – Private
Attorney, Collateral Appeals: Leor Veleanu – CCRC-S

Date of Offense: 08/09/81

Date of Sentence: 10/07/83

Date of Resentence: 04/11/88

Circumstances of Offense:

On 08/09/81, Jerry Haliburton, while on parole, burglarized the home of Donald Bohannon and attacked him while he slept.  Bohannon died as a result of thirty-one stab wounds to the neck, chest, arms, and scrotum. 

After being arrested for the crime, Haliburton was subjected to police questioning, and when an attorney was obtained, he was not allowed to see Haliburton. 

During the questioning, Haliburton was subjected to a polygraph examination.  After a court order was obtained, the attorney was allowed to consult with Haliburton and the interrogation was stopped.

According to Haliburton’s brother, Haliburton said he killed Bohannon just to see if he could kill another human being. 

Trial Summary:

03/24/82          Indicted on one count of First-Degree Murder

09/16/83          Jury returned guilty verdict

09/21/83          Jury recommended death sentence by a vote of 10-2

10/07/83          Sentenced to death

02/17/88          Jury recommended death sentence by a vote of 9-3

04/11/88          Resentenced to death

Case Information:

On 11/14/83, Haliburton filed a Direct Appeal with the Florida Supreme Court, arguing that the failure of the police to allow an attorney to consult with Haliburton during questioning violated Haliburton’s right to counsel.  On 08/30/85, the FSC vacated the conviction and death sentence of Haliburton.

On 12/18/85, the State of Florida filed a Petition for Writ of Certiorari with the U.S. Supreme Court, and on 03/24/86, the USSC vacated the FSC’s decision and remanded the case for reconsideration by the FSC.

On 10/01/87, the Florida Supreme Court again vacated the conviction and sentence and remanded the case for a new trial.

On 02/17/88, a jury recommended the death sentence for Haliburton by a vote of 9-3.  On 04/11/88, Haliburton was resentenced to death.

On 04/18/88, Haliburton filed a Direct Appeal with the Florida Supreme Court, claiming the following nine issues: trial court error in refusing to require the jury to return a special verdict of premeditated or felony murder; not allowing defense to comment on a witness during closing arguments; rereading portions of requested testimony; improper admission of three photographs into evidence; refusing to declare a mistrial due to admission of cumulative, irrelevant, and prejudicial evidence; refusing to declare a mistrial due to alleged attempts by the prosecutor to shift the burden of proof; Florida’s capital sentencing statute is unconstitutional; allowing the jury to consider the HAC aggravating factor; and two of four aggravating factors were improperly found (under sentence of imprisonment and cold, calculated, and premeditated murder). 

On 04/05/90, the FSC affirmed the conviction and sentence of death.

On 06/20/90, Haliburton filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 06/28/91.

On 02/16/92, Haliburton filed a 3.850 Motion with the Circuit Court that was denied on 01/25/94.

On 02/18/92, Haliburton filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court, citing four issues relating to ineffective assistance of counsel.  On 01/09/97, the FSC denied the Petition.

On 05/23/94, Haliburton filed a 3.850 Motion Appeal with the Florida Supreme Court, citing the following nine issues:  improper denial of a motion for rehearing, state withholding of exculpatory evidence and ineffective assistance of counsel at the guilt phase, ineffective assistance of counsel at the penalty phase, overbroad jury instructions regarding aggravating circumstances, state compliance with public records requests, ineffective assistance of counsel regarding waiving of a speedy trial, ineffective assistance of counsel regarding prosecutorial misconduct, improper jury instructions that shifted the guilt to Haliburton, and denial of due process due to the Governor signing a death warrant before the two year time limit for filing a motion for post-conviction relief expired. 

On 01/09/97, the FSC affirmed the denial of the 3.850 Motion.

On 04/10/98, Haliburton filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District that was denied on 09/10/01.

On 02/27/01, Haliburton filed an appeal with the Florida Supreme Court, which the FSC treated as a 3.850 Motion Appeal.  On 05/01/01, the court dismissed the appeal with prejudice.

On 10/15/01, Haliburton filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Circuit Court of Appeals, 11th Circuit, citing allegations of ineffective assistance of counsel. On 08/21/03, the USCA affirmed the denial of the Petition by the USDC. 

On 06/20/03, Haliburton filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court, citing Ring issues.  On 10/09/03, the FSC denied the Petition, without opinion.

On 03/19/04, Haliburton filed a Petition for Writ of Certiorari with the U.S. Supreme Court, appealing the decision of the USCA.  On 06/07/04, the USSC denied the Petition.

On 11/30/04, Haliburton filed a 3.851 Motion with the Circuit Court that was dismissed on 01/28/05.

On 09/29/05, Haliburton filed a 3.851 Motion Appeal with the Florida Supreme Court, and on 07/10/06, the FSC affirmed the denial of the motion.

FloridaCapitalCases.state.fl.us

 

 

 
 
 
 
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