Hamblen v. Dugger

Decision Date06 July 1989
Docket NumberNo. 74269,74269
Citation14 Fla. L. Weekly 347,546 So.2d 1039
Parties14 Fla. L. Weekly 347 James William HAMBLEN, Petitioner, v. Richard L. DUGGER, etc., Respondent.
CourtFlorida Supreme Court

Larry Helm Spalding, Capital Collateral Representative, and Billy H. Nolas, Julie D. Naylor and Francisco Rivera, Office of the Capital Collateral Representative, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., and Carolyn M. Snurkowski, Asst. Atty. Gen., Tallahassee, for respondent.

PER CURIAM.

This is a petition for habeas corpus and application for stay of execution. We have jurisdiction pursuant to article V, section 3(b)(1) and (9) of the Florida Constitution.

Petitioner, James William Hamblen, was charged with the first-degree murder of Laureen Jean Edwards in a Jacksonville boutique. Hamblen asked the court to revoke the appointment of the public defender and to allow him to represent himself. After conducting a hearing to determine Hamblen's fitness for separate representation, the judge determined that Hamblen met the criteria that enabled him to represent himself. However, the judge ordered two assistant public defenders to be in the courtroom as emergency backup counsel.

Hamblen then pleaded guilty and waived his right to have a jury consider whether he should be executed. At the sentencing hearing, the state presented evidence directed toward the statutory aggravating circumstances, but Hamblen presented no mitigating evidence. Hamblen stated that he believed that the prosecutor's recommendation of death was appropriate. Thereafter, the judge sentenced Hamblen to death, finding three statutory aggravating circumstances and no mitigating circumstances.

On appeal, Hamblen's judgment and sentence of death were affirmed. Hamblen v. State, 527 So.2d 800 (Fla.1988). In that opinion, we held that the trial judge had not erred in failing to appoint counsel against Hamblen's wishes to seek out and to present mitigating evidence and to argue against the death sentence. Though eliminating the aggravating factor that the crime was committed in a cold, calculated, or premeditated manner, we nevertheless upheld the death sentence.

The capital collateral representative now argues four claims. He first says that the trial judge erred in allowing Hamblen to waive appointed counsel without the adequate hearing required by Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975). He contends that because of Hamblen's mental illness he could not knowingly and understandingly waive his right to counsel.

While this point was not specifically raised on appeal, we did observe in our opinion that Hamblen was clearly competent to represent himself. To the extent that this claim is couched in terms of ineffectiveness of appellate counsel, we have once again reviewed the record and find that the court fully complied with the requirements of Faretta. The evidence indicated that Hamblen had two years of college education, that he understood courtroom procedure, and that he had represented himself before in Indiana. Two experts had already examined Hamblen and had concluded that he was competent to stand trial and was legally sane at the time of the offense.

Both experts found Hamblen to have average or above average intelligence. Dr. Miller, the examining psychiatrist, found no organic defects and concluded that he had an antisocial personality. While Dr. McMahon, the examining psychologist, stated that Hamblen had a severe personality disorder, she did not suggest that he was incompetent to waive counsel and represent himself. In a recently filed affidavit, she says she was never asked this question and could not now express an opinion on the subject. Appellate counsel cannot be faulted for not specifically raising this issue on direct appeal, and if he had done so, he would not have prevailed.

Second, it is contended that when this Court eliminated the aggravating factor that the homicide was committed in a cold, calculated, and premeditated manner, we were required to remand the case for resentencing under the rationale of Elledge v. State, 346 So.2d 998 (Fla.1977). Elledge is inapplicable to this case. The Elledge error was in allowing the introduction of nonstatutory aggravating evidence that the defendant had admitted committing a murder for which a conviction had not yet been obtained. Subsequent cases have made it clear that a death sentence may be affirmed when an aggravating circumstance is eliminated if the court is convinced that such elimination would not have resulted in a life sentence. Rogers v. State, 511 So.2d 526 (Fla.1987), cert. denied, 484 U.S. 1020, 108 S.Ct. 733, 98 L.Ed.2d 681 (1988). This is so even if mitigating circumstances have been found. Bassett v. State, 449 So.2d 803 (Fla.1984); Brown v. State, 381 So.2d 690 (Fla.1980), cert. denied, 449 U.S. 1118, 101 S.Ct. 931, 66 L.Ed.2d 847 (1981).

The third claim involves the contention that appellate counsel was ineffective for failing to argue that the sentencing court had employed an express presumption of death and shifted the burden to Hamblen to prove that death was inappropriate. The argument is premised on the following language in the sentencing order:

In summary, the Court finds that three sufficient, aggravating circumstances exist and no mitigating circumstances exist which would outweigh them and therefore the Court rejects the recommendation of sentence in the presentence investigation report [life imprisonment]. Consequently, under the evidence and the law of this State a sentence of death is mandated.

There is no merit in this argument. At the outset, we note that the judge...

To continue reading

Request your trial
11 cases
  • Hamblen v. Dugger
    • United States
    • U.S. District Court — Middle District of Florida
    • 10 Julio 1989
    ...of the Supreme Court of Florida that the trial court fully complied with the requirements of Faretta. Hamblen v. Dugger, 546 So.2d 1039, 1041 (1989) (per curiam) (hereinafter "Hamblen II"). Of course, because the waivers were not error, the failure to appeal the waivers was not evidence of ......
  • Porter v. Dugger
    • United States
    • Florida Supreme Court
    • 15 Febrero 1990
    ...Adamson, a decision of an intermediate federal court, is not applicable retroactively under Witt. Clark; Eutzy. See Hamblen v. Dugger, 546 So.2d 1039 (Fla.1989); Atkins v. Dugger, 541 So.2d 1165 (Fla.1989). This issue is procedurally Citing Penry v. Lynaugh, 492 U.S. 302, 109 S.Ct. 2934, 10......
  • Clark v. Dugger
    • United States
    • Florida Supreme Court
    • 1 Febrero 1990
    ...penalty. Adamson, a decision of an intermediate federal court, is not applicable retroactively under Witt. Eutzy. See Hamblen v. Dugger, 546 So.2d 1039 (Fla.1989). Additionally, Clark raised this claim, relying on cases other than Adamson, in his third motion for postconviction relief. 533 ......
  • Durocher v. Singletary, 81986
    • United States
    • Florida Supreme Court
    • 12 Agosto 1993
    ...been appointed in Durocher's trial to present mitigating evidence. Hamblen, 527 So.2d at 806; see also Hamblen v. Dugger, 546 So.2d 1039, 1042 (Fla.1989) (Barkett, J., dissenting). 1 More facts are included in this opinion and in Durocher v. State, 596 So.2d 997 (Fla.1992).2 Codified as sec......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT