IN THE SUPREME COURT OF FLORIDA NO. SC00-1748 _________________________________________________________ Aileen Carol Wuornos Petitioner, v. MICHAEL W. MOORE, Secretary, Florida Department of Corrections, Respondent. ________________________________________________________ _________________________________________ PETITION FOR WRIT OF HABEAS CORPUS _________________________________________ Joseph T. Hobson Florida Bar No. 0507600 CAPITAL COLLATERAL REGIONAL COUNSEL - MIDDLE REGION 3801 Corporex Park Drive Suite 210 Tampa, FL 33619-1136 (813) 740-3544 COUNSEL FOR PETITIONER PRELIMINARY STATEMENT This is Ms. Wuornos's first habeas corpus petition in this Court. Art. 1, Sec. 13 of the Florida Constitution provides: "The writ of habeas corpus shall be grantable of right, freely and without cost." This petition for habeas corpus relief is being filed in order to address substantial claims of error under the Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments to the United States Constitution, claims demonstrating that Ms. Wuornos was deprived of the right to a fair, reliable, and individualized sentencing proceeding and that the proceedings resulting in his conviction and death sentences violated fundamental constitutional imperatives. Citations shall be as follows: The record on appeal concerning the original court proceedings shall be referred to as "R. " followed by the appropriate page number. The postconviction record on appeal will be referred to as "PC-R. " followed by the appropriate page number. All other references will be self-explanatory or otherwise explained herein. i TABLE OF CONTENTS Page PRELIMINARY STATEMENT ................... i TABLE OF CONTENTS ..................... ii TABLE OF AUTHORITIES ................... iv INTRODUCTION ....................... 1 PROCEDURAL HISTORY .................... 1 JURISDICTION TO ENTERTAIN PETITION AND GRANT HABEAS CORPUS RELIEF ............ 3 GROUNDS FOR HABEAS CORPUS RELIEF ............. 4 CLAIM I MS. WUORNOS’S EIGHTH AMENDMENT RIGHT AGAINST CRUEL AND UNUSUAL PUNISHMENT WILL BE VIOLATED AS MS. WUORNOS MAY BE INCOMPETENT AT THE TIME OF EXECUTION. ................ 5 CLAIM II EXECUTION BY ELECTROCUTION IS CRUEL AND/OR UNUSUAL PUNISHMENT AND VIOLATES MS. WUORNOS’S RIGHTS UNDER THE EIGHTH AND FOURTEENTH AMENDMENTS OF THE UNITED STATES CONSTITUTION AND UNDER OF THE FLORIDA CONSTITUTION. ........................... 8 A. The Death Penalty Reform Act of 2000 is unconstitutional, so electrocution remains the mandated form of execution. ........................ 8 B. Death by electrocution is cruel and/or unusual punishment which violates Aileen Wuornos’s rights under the Eighth and Fourteenth Amendments of the United States Constitution and Article I, section Seventeen of the Florida Constitution.11 CLAIM III EXECUTION BY LETHAL INJECTION IS CRUEL AND/OR UNUSUAL PUNISHMENT AND VIOLATES Ms. Wuornos’S RIGHTS UNDER THE EIGHTH AND FOURTEENTH ii AMENDMENTS OF THE UNITED STATES CONSTITUTION AND UNDER OF THE FLORIDA CONSTITUTION. ........................... 13 CERTIFICATE OF SERVICE .................. 17 CERTIFICATE OF COMPLIANCE ................. 18 iii TABLE OF AUTHORITIES Page Baggett v. Wainwright, 229 So. 2d 239 (Fla. 1969) ............. 3, 9 Boykin v. Alabama, 395 U.S. 238 (1969) ................. 9 Brown v. Wainwright, 392 So. 2d 1327 (Fla. 1981) ............. 3 Cf. Glass v. Louisiana, 471 U.S. 1080, 1084 (1985) .............. 15 Dallas v. Wainwright, 175 So. 2d 785 (Fla. 1965) .............. 4 DeShields v. State, 534 A.2d 630, 639 n.7 (Del. 1987) .......... 9 Downs v. Dugger, 514 So. 2d 1069 (Fla. 1987) ............. 3 Estelle v. Gamble, 429 U.S. 97, 102 (1976) ............... 13 Ford v. Wainwright, 477 U.S. 399, 106 S.Ct. 2595 (1986) ................ 5 Furman v. Georgia, 408 U.S. 238, 266 (1972) ............... 15 Gregg v. Georgia, 428 U.S. 153, 173 (1976) ............... 14 Herrera v. Collins, 506 U.S. 390, 113 S. Ct. 853, 122 L.Ed.2d 203 (1993) ................ 6 Hudson v. McMillian, 503 U.S. 1, 16-17 (1992) ............... 14 iv In re Medley, 134 U.S. 160, 171, 172 (1890) ............ 14 In RE: Provenzano, No. 00-13193 (11th Cir. June 21, 2000) ........ 6 Jones v. McAndrew, No. 4:97-CV-103-RH at 34-35 (N.D. Fla. February 20, 1998)15 Lamadline v. State, 303 So.2d 17 (Fla. 1990) ............... 10 Martin v. Wainwright, 497 So.2d 872 (1986) ................. 5 Martinez-Villareal v. Stewart, 118 S. Ct. 1618, 523 U.S. 637, 140 L.Ed.2d 849 (1998) ................ 5 Maynard v. Cartwright, 486 U.S. 356 (1988) ................. 15 Palmes v. Wainwright, 460 So. 2d 362 (Fla. 1984) .............. 4 Poland v. Stewart, 41 F. Supp. 2d 1037 (D. Ariz 1999) .......... 5 Rhodes v. Chapman, 452 U.S. 337, 346 (1981) .............. 14 Riley v. Wainwright, 517 So. 2d 656 (Fla. 1987) .............. 3 Smith v. State, 400 So. 2d 956 (Fla. 1981) .............. 3 Smith v. State, 400 So. 2d 956, 960 (Fla. 1981) ........... 3 State v. Fitzpatrick, 684 P.2d 1112, 1113 (Mont. 1984) ........... 9 State v. Hernandez, 645 So.2d 432 (Fla. 1994) .............. 10 v Trop v. Dulles, 356 U.S. 86, 101 (1958) ............. 14, 16 Vickers v. Stewart, 144 F3d 613, 617 (9th Cir. 1988) ........... 9 Washington v. Dowling, 109 So. 588 (Fla. 1926) ............... 8 Way v. Dugger, 568 So. 2d 1263 (Fla. 1990) ............. 3 Weems v. United States, 217 U.S. 349, 372 (1910) ............... 15 Weems v. United States, 217 U.S. 349, 373 (1909) ............... 14 Wilkerson v. Utah, 99 U.S. 130, 135 (1879) ............... 15 Wilson v. Wainwright, 474 So. 2d 1163 (Fla. 1985) ............. 3 Wuornos v. State, 676 So. 2d 996 (Fla. 1995) ............. 1 vi INTRODUCTION This petition presents questions that were ruled on in direct appeal, but should now be revisited in light of subsequent case law or in order to correct error in the appeal process that denied fundamental constitutional rights. As this petition will demonstrate, Ms. Wuornos is entitled to habeas relief. PROCEDURAL HISTORY The Circuit Court of the Sixth Judicial Circuit in and for Pasco County, Florida, entered the judgments of conviction and sentence under consideration on February 5, 1993. ( R. 98) Petitioner had been charged by indictment of April 16, 1991 with one count of first-degree murder and one count of armed robbery. Petitioner entered a plea of not guilty on May 5, 1991 ( R. 10). Petitioner pleaded guilty to the charges on June 22, 1992. Petitioner waived her right to a jury trial on for the penalty phase ( R - 30) and had the penalty phase of her trial conducted before Judge Wayne Cobb on January 25, 1993. Judge Cobb sentenced Petitioner to death with a sentencing memorandum attached on February 5, 1993 ( R. 107). On direct appeal, the Florida Supreme Court affirmed Petitioner’s conviction and sentences. See Wuornos v. State, 676 So. 2d 996 (Fla. 1995). 1 On November 24, 1997, the office of Capital Collateral Representative filed an incomplete motion to vacate judgment with a special request for leave to amend. On February 12, 1998, the Petitioner through the above-referenced legal counsel, moved for an extension of time in which to file her final amended motion for post-conviction relief, with special request for leave to amend. In 1997, the Florida Legislature abolished the then Office of The Capital Collateral representative and replaced it with three regional offices, The Capital Collateral Regional Counsel’s (CCRC’s). As a result of this legislation, Petitioner had lost her lead counsel, Mr. Todd Todd Scher, because her case was transferred to the Middle Region, while Mr. Scher was transferred to the southern region. The Petitioner in the aforementioned motion stated that due to staffing problems in the newly created middle region office, where Petitioner’s case was, she was not designated with counsel until January 1998. The Florida Supreme Court extended the time in which Petitioner had to file her final amended motion for post-conviction relief until June 25, 1999. After a series of court sanctioned continuances, Ms Wuornos motion for postconviction relief was filed on January 5, 2000. 2 A Huff Hearing was held on this motion on April 12, 2000. The motion was summarily denied without a hearing by Judge Wayne Cobb on August 7, 2000. This petition ensues. JURISDICTION TO ENTERTAIN PETITION AND GRANT HABEAS CORPUS RELIEF This is an original action under Fla. R. App. P. 9.100(a). See Art. 1, Sec. 13, Fla. Const. This Court has original jurisdiction pursuant to Fla. R. App. P. 9.030(a)(3) and Article V, sec. 3(b)(9), Fla. Const. The petition presents constitutional issues which directly concern the judgment of this Court during the appellate process and the legality of Ms. Wuornos's sentence of death. Jurisdiction in this action lies in this Court, see, e.g., Smith v. State, 400 So. 2d 956, 960 (Fla. 1981), for the fundamental constitutional errors challenged herein arise in the context of a capital case in which this Court heard and denied MS. Wuornos’ direct appeal. See Wilson, 474 So. 2d at 1163; Baggett v. Wainwright, 229 So. 2d 239, 243 (Fla. 1969); cf. Brown v. Wainwright, 392 So. 2d 1327 (Fla. 1981). A petition for a writ of habeas corpus is the proper means for Ms. Wuornos to raise the claims presented herein. See, e.g., Way v. Dugger, 568 So. 2d 1263 (Fla. 1990); Downs v. Dugger, 514 So. 2d 1069 (Fla. 1987); Riley v. Wainwright, 517 So. 2d 656 (Fla. 1987); Wilson, 474 So. 2d at 1162. 3 This Court has the inherent power to do justice. The ends of justice call on the Court to grant the relief sought in this case, as the Court has done in similar cases in the past. The petition pleads claims involving fundamental constitutional error. See Dallas v. Wainwright, 175 So. 2d 785 (Fla. 1965); Palmes v. Wainwright, 460 So. 2d 362 (Fla. 1984). The Court's exercise of its habeas corpus jurisdiction, and of its authority to correct constitutional errors such as those herein pled, is warranted in this action. As the petition shows, habeas corpus relief would be more than proper on the basis of Ms. Wuornos's claims. GROUNDS FOR HABEAS CORPUS RELIEF By her petition for a writ of habeas corpus, Ms.