Whitton v. State

• Citation: 161 So.3d 314
• Decision Date: 09 October 2014
• Docket Number: Nos. SC11–2083,SC12–2522.,s. SC11–2083
• Parties: Gary Richard WHITTON, Appellant, v. STATE of Florida, Appellee. Gary Richard Whitton, Petitioner, v. Michael D. Crews, etc., Respondent.
• Court: United States State Supreme Court of Florida

161 So.3d 314

Gary Richard WHITTON, Appellant

v.STATE of Florida, Appellee.

Gary Richard Whitton, Petitioner

v.Michael D. Crews, etc., Respondent.

Nos. SC11–2083

SC12–2522.

Supreme Court of Florida.

Oct. 9, 2014.

Rehearing Denied April 2, 2015.

Mark Evan Olive of the Law Offices of Mark E. Olive, P.A., Tallahassee, FL, for Appellant/Petitioner.

Pamela Jo Bondi, Attorney General, and Carolyn Marie Snurkowski, Associate Deputy Attorney General, Tallahassee, FL, and Carol Marie Dittmar, Senior Assistant Attorney General, Tampa, FL, for Appellee/Respondent.

Opinion

PER CURIAM.

Gary Richard Whitton appeals an order of the circuit court denying his motion to vacate his conviction of first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851 and petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const.

FACTS

Whitton was convicted for the 1990 murder of James Mauldin. On direct appeal, this Court summarized the events leading to Mauldin's murder, and Whitton's subsequent arrest and conviction as follows:

The evidence presented at trial revealed that Whitton and James S. Mauldin met each other in March 1989, while receiving alcohol treatment at a halfway house in Pensacola. After leaving the halfway house, they continued to see each other at occasional Alcoholics Anonymous meetings. On October 6, 1990, Mauldin arrived at Whitton's Pensacola home in a taxicab. Whitton then gave Mauldin a ride to the halfway house where they originally met. On Sunday October 7, an intoxicated Mauldin returned to Whitton's home. He stayed with Whitton that day, as well as Monday, October 8.

On October 8, Whitton drove Mauldin to a bank in Destin so Mauldin could withdraw some money. The two men went to Mauldin's bank in Destin rather than a bank in Pensacola because Mauldin had lost his passbook and he believed he needed it to withdraw money from a bank other than his own. Mauldin's bank was closed when the two men arrived, but they returned to the bank on October 9. Upon their arrival, a teller told Mauldin he could not make a withdrawal without his passbook. Upset by this information, Mauldin closed his account and obtained $1135.88 in cash. Whitton assisted Mauldin in completing the transaction because Mauldin, who was apparently intoxicated, was unable to complete it himself.

Whitton then took Mauldin to a motel in Destin at Mauldin's request. Whitton completed the motel registration forms due to Mauldin's intoxication, but provided the motel clerk with false information about his own vehicle's license plate number. The motel clerk noticed the discrepancy and put Whitton's correct license plate number on the form. Whitton then assisted Mauldin to his room and left the motel sometime before noon.

Whitton originally told investigators that he did not revisit Mauldin that night. He later admitted returning to the motel and stated that he did so to tell Mauldin his mother was looking for him. Whitton claimed Mauldin was dead when he arrived and that he remained in the room for only a few moments. The motel clerk, however, testified that he saw Whitton's car arrive at approximately 10:30 p.m. that night and leave at around 12:30 a.m.

The same motel clerk discovered Mauldin's body the next day. An officer called to the scene testified that Mauldin's pockets had been turned inside out and that no money, other than a few coins, remained in the room. The officer testified that the blood found throughout the room made it appear as though a struggle had taken place. Blood spatter evidence confirmed the officer's conclusion. An expert in bloodstain analysis testified that the initial bloodshed began on the south bed, then continued to the foot of that bed, then to the floor between the beds, and finally ended between the north bed and north wall.

An autopsy revealed that Mauldin sustained numerous injuries during the attack which caused his death. Mauldin's skull was fractured

and he suffered stab wounds to his shoulder, cheek, neck, scalp, and back. In addition, Mauldin sustained three fatal stab wounds to the heart. The medical examiner testified that these wounds prevented Mauldin's heart from beating properly and, consequently, caused his death. The medical examiner also testified that Mauldin had wounds to his arms and hands consistent with his attempting to defend himself. Accordingly, the medical examiner concluded that Mauldin was conscious during the attack, although a blood alcohol test indicated Mauldin's blood alcohol level was .34 at the time of death.

The correct license plate number ascertained by the alert motel clerk led the police to Whitton's home. At approximately 1:30 a.m. on October 11, several officers knocked on Whitton's door after observing his car parked outside the house. Whitton invited the officers inside. Although the officers explained that Whitton was not under arrest and that he was not required to answer their questions, Whitton agreed to talk with them. After about twenty minutes, during which Whitton changed from his night clothes, he also agreed to accompany the officers to the police station. At the police station, several officers continued questioning Whitton regarding Mauldin's death until he invoked his right to remain silent.

A subsequent search of Whitton's home revealed a pair of boots stained with blood matching Mauldin's blood type. A search of his car revealed blood stains matching Mauldin's blood type, as well as receipts indicating that Whitton paid several overdue bills on October 10. In addition, a receipt indicating that Whitton obtained a car wash on October 10 at 2:37 a.m. was found in his car. Consequently, Whitton was charged with first-degree murder and robbery.

While incarcerated and awaiting trial, Whitton confessed to another inmate that he went back to the motel the night Mauldin was murdered to get the money Mauldin had withdrawn from the bank, that a fight ensued, and that he stabbed and killed Mauldin. Whitton told the inmate he had to commit the murder in order to prevent Mauldin from testifying against him in any parole violation proceeding that might occur as a result of the robbery. This confession was overheard by a third inmate and both inmates testified at Whitton's murder trial. A jury found Whitton guilty of murder and robbery.

In the penalty-phase proceeding the jury unanimously recommended the death sentence. The trial judge followed the jury's recommendation and sentenced Whitton to death for the murder conviction and to a consecutive nine-year sentence for the robbery conviction. In support of the death penalty the judge found five aggravating factors: (1) Whitton committed the crime while on parole for a 1981 armed robbery conviction; (2) Whitton was previously convicted of another felony involving the use or threat of violence; (3) the crime was committed to avoid arrest; (4) the crime was committed for pecuniary gain; and (5) the crime was heinous, atrocious, or cruel. The judge also found a number of nonstatutory mitigating factors [:(1) Whitton suffered a deprived childhood and poor upbringing; (2) Whitton was abused as a child; (3) Whitton was abused by his two alcoholic parents; (4) Whitton was a hard worker when employed; (5) Whitton had shown potential for rehabilitation; (6) Whitton had performed various humanitarian deeds; (7) Whitton was an alcoholic; (8) Whitton had an unstable personality consistent with alcoholism and child abuse; (9) Whitton is a human being and child of God,] but determined they did not outweigh the aggravating factors.

Whitton v. State, 649 So.2d 861, 862–64 (Fla.1994) (footnotes omitted).

Whitton raised seven issues on appeal.¹ This Court did not grant relief on any of Whitton's claims and affirmed his convictions and sentences. Id. at 867.

On March 26, 1997, Whitton filed a shell motion for postconviction relief pursuant to rule 3.850. Whitton subsequently filed three amendments to his motion; the third and last was filed on November 1, 2004. Whitton raised twenty-nine claims. The court summarily denied eleven claims and conducted an evidentiary hearing on the remaining eighteen claims. After the evidentiary hearings held on October 31 through November 3, 2005, the court denied each of Whitton's remaining claims in a 102–page order issued on June 2, 2011.

Whitton appeals the denial of five claims, and has filed a petition for a writ of habeas corpus, raising two additional claims. Because we find that Whitton has failed to establish that he is entitled to relief on any of his claims, we affirm the postconviction court's denial and deny Whitton's petition for a writ of habeas corpus.

DISCUSSION

Brady and Giglio

In his first issue on appeal, Whitton raises several claims purported to be violations of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). Whitton's claims appear to be a mixture of Brady, Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972), and improper argument claims. The theme of Whitton's claims is that, overall, the prosecution was corrupt and sought to convict him by any necessary means. In each of these claims, Whitton fails to establish each of the prongs necessary to maintain a claim. Accordingly, we find that the postconviction court properly denied these claims.

Standards of Review

To successfully raise a Brady violation claim, Whitton must show that: (1) the evidence was favorable to him, either because it was exculpatory or impeaching; (2) the evidence was suppressed by the State; and (3) that the suppression resulted in prejudice. Conahan v. State, 118 So.3d 718, 729 (Fla.2013) (citing Strickler v. Greene, 527 U.S. 263, 281–82, 119 S.Ct. 1936, 144 L.Ed.2d 286 (1999) ; Johnson v. State, 921 So.2d 490, 507 (Fla.2005) ; Rogers v. State, 782 So.2d 373, 378 (Fla.2001) ). “To establish the materiality element of Brady, the defendant must demonstrate a reasonable probability that, had the evidence been disclosed...