|
DC# 550026
DOB: 03/03/63
Tenth Judicial Circuit, Polk
County, Case# CF94-3961A1-XX
Sentencing Judge: The Honorable
Robert A. Young
Trial Attorney: Rex Dimmig –
Assistant Public Defender
Attorney, Direct Appeal: Steven
L. Bolotin – Assistant Public Defender
Attorney, Collateral Appeals:
Richard E. Kiley & James V. Viggiano – CCRC-M
Date of Offense: 09/01/94
Date of Sentence: 04/13/99
Circumstances of the Offense:
Violet Livingston’s son
discovered her body on the morning of 09/02/94. The body was found
between two beds; both beds were disheveled. The bed sheets were
wrapped tightly around her head. Blood was found on the walls and the
victim’s walking cane was found on one of the beds.
The medical examiner testified
that the cause of death was multiple injuries. The victim had bruises,
lacerations, rib fractures, a brain hemorrhage, and mechanical asphyxia
due to suffocation.
The injuries on her neck were consistent with her
being strangled. She also had defensive wounds on her right forearm,
hand, and knee. Many of the wounds were consistent with being beaten
with a cane. The sequence of wounds could not be determined, but the
medical examiner testified that the victim was alive during the
beginning of the attack.
Outside of the apartment a
screen was leaning against the building. It had been taken off the
kitchen window. The window was still closed, but the glass had been
broken to gain entry into the apartment. A yellow chair had been placed
under the porch light and the cover of the light had been taken off and
placed on the ground.
Morris’ fingerprints were found
on a partially unscrewed light bulb that was outside of the apartment.
Morris’ fingerprints did not match any that were found inside of the
apartment. Fluids containing DNA were found in two locations on the
victim’s body and on the curtain in the kitchen. These samples matched
Morris’ DNA.
Several of the victim’s belongings were found in Morris’
possessions, some of which were coins from a rare coin collection.
Witnesses testified that Morris made purchases with rare coins at a gas
station near the victim’s residence.
When Morris took the stand, he
admitted that he attempted to steal a bicycle from the victim’s
apartment complex, but denied murdering the victim. He also admitted
that he unscrewed the light bulb and went upstairs, because he had seen
a bike at the top of the stairs. He stated that he was unable to take
the bike because it was locked.
Additional Information:
At the time of the murder,
Morris was on parole in the state of Missouri for two robbery
convictions.
Trial Summary:
09/29/94 Indicted as
follows:
Count I: First-Degree
Murder
Count II: Burglary
Count III: Sexual Battery
Count IV: Armed Robbery
10/04/94 Defendant
entered a plea of not guilty
09/25/97 Motion to
sever Count III filed
10/03/97 Motion to
sever was granted
12/30/98 Judgment of
acquittal entered on Count III
03/04/99 Defendant was
found guilty on all counts of the indictment
03/11/99 Jury
recommended death by a vote of 8-4
04/13/99 Sentenced as
follows:
Count I: First-Degree
Murder – Death
Count II: Burglary – Life
Count IV: Armed Robbery –
Life
Case Information:
Morris filed a Direct Appeal to
the Florida Supreme Court on 05/19/99. Morris argued that the court
should not have excluded the testimony from one defense witness and that
he should be granted a new trial due to improper juror contact. The
Court found no error and affirmed Morris’ conviction and sentence on
02/21/02. The mandate was issued on 03/14/02.
On 03/03/03, Morris filed a
3.850 Motion to the Circuit Court, which was denied on 07/12/04.
Morris filed a 3.850 Appeal to
the Florida Supreme Court on 08/13/04.
On the 04/20/06, the Court
affirmed the trial court’s order denying Morris’s 3.850 Motion. Based
on the Court’s conclusion, Morris has failed to establish that any of
the claims raised on appeal have merit or are not procedurally barred,
and determine that Morris was not deprived of a fundamentally fair
trial. Morris’s motion for a rehearing (filed in this case only) was
denied on 06/02/06. The mandate was issued on 06/19/06.
Morris filed a Petition for Writ
of Habeas Corpus to the Florida Supreme Court on 02/03/05, which was
denied on 04/20/06. The mandate was issued on 06/19/06.
FloridaCapitalCases.state.fl.us |
