Lambrix v. State, No. SC08-64 (Fla. 4/15/2010)

• Decision Date: 15 April 2010
• Docket Number: No. SC08-64.,SC08-64.
• Parties: CARY MICHAEL LAMBRIX, Appellant, v. STATE OF FLORIDA, Appellee.
• Court: United States State Supreme Court of Florida

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CARY MICHAEL LAMBRIX, Appellant,
v.
STATE OF FLORIDA, Appellee. No. SC08-64. Supreme Court of Florida. April 15, 2010.

An Appeal from the Circuit Court in and for Glades County, R. Thomas Corbin, Judge — Case No. 83-12 CF.

Neal A. Dupree, Capital Collateral Regional Counsel, William M. Hennis, III, Litigation Director, and Craig J. Trocino, Staff Attorney, CCRC-South, Fort Lauderdale, Florida, for Appellant.

Bill McCollum, Attorney General, Tallahassee, Florida, and Carol M. Dittmar, Senior Assistant Attorney General, Tampa, Florida, for Appellee.

PER CURIAM.

Cary Michael Lambrix was convicted of two counts of first-degree murder and sentenced to death for the 1983 murders of Clarence Moore and Aleisha Bryant. This Court affirmed the convictions and sentences of death in Lambrix v. State, 494 So. 2d 1143 (Fla. 1986). This case is now before the Court on appeal from an order denying a successive motion for postconviction relief. Among other claims raised, Lambrix asserted two claims that were the subject of an evidentiary hearing: that the main witness against him at trial, Frances Smith,¹ had a sexual relationship with one of the State's investigators and that another witness, Deborah Hanzel, recanted her trial testimony. The trial court, following an evidentiary hearing on both of these issues, rejected the claim that Smith had a sexual relationship with an investigator and concluded that Hanzel's recantation was unreliable. We affirm the trial court's order denying postconviction relief as to these claims, as well as all other claims raised, for the reasons more fully explained in this opinion.

GENERAL INTRODUCTION

This death case, which has been in the judicial system for a substantial period of time, has a lengthy procedural history. The first trial ended in a mistrial after the jury could not agree on a verdict. A second trial was held before a different judge, Judge Richard M. Stanley, and the jury found Lambrix guilty of both counts of murder. After a penalty phase hearing, the jury recommended a sentence of death by a vote of ten to two for the murder of Aleisha Bryant and by a vote of eight to four for the murder of Clarence Moore. The trial court sentenced the defendant to death, after finding five aggravating circumstances² and no mitigation in regard to the murder of Moore and four aggravating³ and no mitigating circumstances in regard to the murder of Bryant.

On appeal, this Court discussed the relevant facts of the underlying crime:

On the evening of February 5, 1983, Lambrix and Frances Smith, his roommate, went to a tavern where they met Clarence Moore, a/k/a Lawrence Lamberson, and Aleisha Bryant. Late that evening, they all ventured to Lambrix' trailer to eat spaghetti. Shortly after their arrival, Lambrix and Moore went outside. Lambrix returned about twenty minutes later and requested Bryant to go outside with him. About forty-five minutes later Lambrix returned alone. Smith testified that Lambrix was carrying a tire tool and had blood on his person and clothing. Lambrix told Smith that he killed both Bryant and Moore. He mentioned that he choked and stomped on Bryant and hit Moore over the head. Smith and Lambrix proceeded to eat spaghetti, wash up and bury the two bodies behind the trailer. After burying the bodies, Lambrix and Smith went back to the trailer to wash up. They then took Moore's Cadillac and disposed of the tire tool and Lambrix' bloody shirt in a nearby stream.

On Wednesday, February 8, 1983, Smith was arrested on an unrelated charge. Smith stayed in jail until Friday. On the following Monday, Smith contacted law enforcement officers and advised them of the burial.

A police investigation led to the discovery of the two buried bodies as well as the recovery of the tire iron and bloody shirt. A medical examiner testified that Moore died from multiple crushing blows to the head and Bryant died from manual strangulation. Additional evidence exists to support a finding that Lambrix committed the two murders in question.

Lambrix v. State, 494 So. 2d 1143, 1145 (Fla. 1986). Some of the additional evidence included testimony by Deborah Hanzel, who met Lambrix after the murders and saw him in a black Cadillac. She and her boyfriend, Preston Branch, helped Lambrix retrieve some of his possessions from Lambrix's trailer and on the way back home, Lambrix offered to show them where two bodies were buried and made incriminating statements. On appeal, Lambrix raised five issues.⁴ This Court affirmed the convictions and sentences of death. 494 So. 2d at 1148.

A death warrant for Lambrix was issued, and his execution was scheduled for November 30, 1988. Lambrix filed a motion for postconviction relief in the trial court and a petition for writ of habeas corpus in this Court. In his habeas petition, Lambrix asserted that his appellate counsel was ineffective in failing to argue numerous issues.⁵ This Court denied habeas relief. See Lambrix v. Dugger, 529 So. 2d 1110 (Fla. 1988). During this time, Lambrix's motion for postconviction relief was also proceeding before the circuit court. After the circuit court summarily denied postconviction relief, Lambrix appealed this decision, raising two claims.⁶ This Court denied relief. See Lambrix v. State, 534 So. 2d 1151 (Fla. 1988). Lambrix then filed a second petition for writ of habeas corpus with the trial court, which was summarily denied. On appeal, Lambrix raised one issue: that his collateral counsel was ineffective for failing to raise a claim of juror misconduct in his prior motion for postconviction relief. This Court again denied relief. Lambrix v. State, 559 So. 2d 1137 (Fla. 1990). Lambrix also filed a second motion for postconviction relief in the circuit court, which was summarily denied because "his claims were without merit and procedurally barred as untimely and successive or abusive." Lambrix v. State, 698 So. 2d 247, 248 (Fla. 1996). In affirming the summary denial, this Court concluded that Lambrix was untimely in presenting the claim that he should have been allowed to represent himself in postconviction proceedings, particularly since Lambrix waited six years to raise this claim. Id. at 248.

Lambrix also filed postconviction attacks in the federal courts. He filed a federal habeas petition, raising numerous claims including whether jury instructions on HAC and CCP violated Espinosa v. Florida, 505 U.S. 1079 (1992). See Lambrix v. Dugger, No. 88-12107-CIV-Zloch (S.D. Fla. May 12, 1992), aff'd sub nom. Lambrix v. Singletary, 72 F.3d 1500 (11th Cir. 1996), aff'd, 520 U.S. 518 (1997). Lambrix's Espinosa claim was eventually denied.⁷

As to the remaining issues, the Eleventh Circuit then affirmed the denial of relief of Lambrix's federal habeas corpus petition after an evidentiary hearing. Lambrix v. Singletary, 72 F.3d 1500 (11th Cir. 1996). The Eleventh Circuit denied relief without further discussion as to certain claims.⁸ After analysis, the Eleventh Circuit denied Lambrix's claim that he received ineffective assistance during the sentencing phase of his trial because counsel failed to investigate and present mitigating evidence of Lambrix's alcoholism and drug dependence and evidence that Lambrix had been subject to sexual and physical abuse as a child. Lambrix, 72 F.3d at 1504-06. The Eleventh Circuit also denied Lambrix's claim that appellate counsel rendered ineffective assistance by failing to present certain sentencing issues, that his second trial conducted after the first trial ended in mistrial was barred by double jeopardy, and that Lambrix was denied his fundamental right to testify. Id. at 1506-08.

Lambrix has filed numerous pro se extraordinary writ petitions that this Court has either denied or dismissed.⁹ During postconviction proceedings and before this Court, Lambrix also filed a pro se complaint against some of his attorneys. He also previously sought to have this entire Court disqualified because Chief Justice Quince is recused. In his most recent filing, Lambrix filed a pro se civil rights action pursuant to 42 U.S.C. §1983 against his attorneys, Governor Charlie Crist, Clerk of Court Thomas Hall, Chief Justice Quince, and others, asserting that there is a conspiracy to deny meritorious claims against death penalty defendants. Counsel for Lambrix consequently filed a motion to withdraw, asserting that this action creates a conflict. Lambrix then filed a pro se motion waiving any potential conflict for the limited scope of permitting oral argument to continue. This Court denied counsel's motion to withdraw.

THE PRESENT PROCEEDINGS

This current successive postconviction litigation was pending in the circuit court for a substantial period of time based on changes in judges, changes in counsel, and various amendments to the postconviction motion that occurred after counsel discovered new evidence. Ultimately, after several evidentiary hearings, the postconviction court denied relief on all of Lambrix's claims. On appeal, Lambrix raises five issues: (1) whether the State withheld material exculpatory or impeachment evidence involving a sexual relationship between witness Frances Smith and State Attorney Investigator Robert Daniels in violation of Brady v. Maryland, 373 U.S. 83 (1963); (2) whether an important witness (Deborah Hanzel) recanted her trial testimony; (3) whether the circuit court failed to allow a full and fair hearing; (4) whether there was judicial bias during the retrial proceedings; and (5) whether Lambrix is entitled to a new trial because he is actually innocent.¹⁰

Alleged Sexual Relationship

In his first claim, Lambrix alleges that the State suppressed evidence that would have impeached a key witness: Frances Smith. In support, he asserts that new evidence shows Smith had a sexual affair with State Attorney Investigator Robert Daniels and that she was given an undisclosed plea deal in exchange for her testimony. After an evidentiary hearing, the trial...