02/18/81          Indicted as follows:

Count I:           First-Degree Murder   

04/25/81          Jury returned guilty verdicts on all counts of the indictment

05/01/81          Jury recommended death by a vote of 12-0

05/01/81          Sentenced as follows:

Count I:           First-Degree Murder – Death

*****

Case Information:

On 07/02/81, Lightbourne filed a Direct Appeal to the Florida Supreme Court.  There were numerous issues raised.  First, Lightbourne claimed that the trial court erred in denying his motion to dismiss the indictment because the aggravating circumstances in the sentencing stage of capital felony cases ought to be alleged in the indictment in order for there to be jurisdiction for the court to impose death.  

Second, he claimed that the trial court erred in the unconstitutional imposition of his death sentence as it allegedly terminated judicial discretion at the sentencing of a capital felony case; the statutes on mitigating and aggravating circumstances are stated ambiguously, and the death sentence itself violated Florida’s death penalty statute.

Third, Lightbourne claimed that the court erred by permitting Chavers and Carson’s testimony to take place, which was a violation of his privilege against self-incrimination under the Fifth and Sixth Amendments of the Constitution.  

Fourth, Lightbourne argued the court erred by denying his motion to suppress said items, which legitimated the officer’s pat-down, and stop and seizure.  

Fifth, Lightbourne claimed the court erred by admitting into evidence the police interrogation video, which showed him waiving his Miranda rights twice.  Sixth, Lightbourne claimed that the trial court erred by denying his motion to impose sanctions as a result of the state’s failure to properly notify the defendant of a deposition to be taken of a listed state witness.  

Finally, he claimed that the court erred by imposing the death sentence where the more mitigating circumstances outweighed the aggravating circumstances. 

On 09/15/83, the Florida Supreme Court affirmed Lightbourne’s conviction and death sentence.

On 12/23/83, Lightbourne filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 02/21/84.

On 05/31/85, Lightbourne filed a 3.850 Motion to the Circuit Court, which was denied on that same day.

On 06/03/85, Lightbourne filed a 3.850 Appeal to the Florida Supreme Court, which was affirmed on 06/03/85 (the same day as the file date).  The mandate was issued on 06/28/85.

Lightbourne filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District on 06/03/85, which was denied more than a year later on 08/20/86.

The United States Court of Appeals affirmed the denial of Lightbourne’s Habeas relief on 09/17/86.

On 07/26/88, Lightbourne filed a Petition for Writ of Certiorari, which was denied on 10/31/88.  During the process of filing this petition, The Court recalled the mandate and withdrew his order denying rehearing on 04/20/88.  On 04/28/88, the order was denied, but the mandate was issued. 

The Florida Supreme Court received Lightbourne’s Petition for Writ of Habeas Corpus on 01/27/89, which was denied on 07/20/89.  At the time of his petitioning, Lightbourne was filing for a motion for stay and counsel pro hac vice.

On 01/30/89, Lightbourne filed a 3.850 Motion to the Circuit Court, which was denied on 01/31/89.

Lightbourne filed a 3.850 Appeal to the Florida Supreme Court on 01/31/89.  The Court granted a stay and execution was pending further notice.  On 07/20/89, the Court remanded for evidentiary hearing on one issue, which was the self-incriminating evidence provided by Lightbourne’s jailhouse cellmates.  On 10/23/89, the Court denied Lightbourne’s motion for a rehearing.

On 01/19/90, Lightbourne filed for a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 03/19/90.

On 07/24/91, an evidentiary hearing was held at the Circuit Court.  The 3.850 Motion then was denied on 06/12/92.

Then, on 08/24/92, Lightbourne filed a 3.850 Appeal to the Florida Supreme Court, which was affirmed on 06/16/94.  A rehearing was denied and a mandate was issued on 10/26/94.  During the petitioning process, Lightbourne filed numerous motions for an extension of time.

On 11/07/94, Lightbourne filed a 3.850 Motion to the Circuit Court, which was denied on 06/19/96.  The rehearing was denied on 11/15/96.

On 01/28/95, Lightbourne filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 03/27/95.

Lightbourne filed a 3.850 Appeal to the Florida Supreme Court on 12/13/96.  The denial was reversed on 07/08/99.  While waiting for his appeal, Lightbourne filed for various motions to extend time and for an order for record supplementation.  A mandate was issued on 08/13/99.

On 12/02/99, an evidentiary hearing was held at the Florida Supreme Court.  The 3.850 Motion was denied on 02/26/01.

On 03/12/01, Lightbourne filed a 3.850 Appeal to the Florida Supreme Court.  The prior denial of the motion was denied on 01/16/03.  A rehearing was denied on 03/21/03 and a mandate was issued on 04/21/03. 

On 06/17/03, Lightbourne filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 11/10/03.

Lightbourne filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 06/18/03, which was denied on 08/17/04.  The rehearing was denied on 11/16/04.

On 02/14/05, Lightbourne filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 06/20/05.

On 03/24/06, Lightbourne’s 3.850 Motion was filed to the Circuit Court.  On 05/02/06, the trial court issued an order, denying Lightbourne’s 3.850 Motion without an evidentiary hearing.  Lightbourne raised the following two issues, which were denied by the lower court:  (1) counsel notification issues and (2) the demand for lethal injection

On 06/22/06, Lightbourne filed a 3.850 Appeal to the Florida Supreme Court, which is currently pending.

FloridaCapitalCases.state.fl.us