Zeigler v. Dugger, 71463
| Decision Date | 07 April 1988 |
| Docket Number | No. 71463,71463 |
| Citation | 13 Fla. L. Weekly 258,524 So.2d 419 |
| Parties | 13 Fla. L. Weekly 258 William Thomas ZEIGLER, Jr., Petitioner, v. Richard L. DUGGER, etc., Respondent. |
| Court | Florida Supreme Court |
Steven L. Winter, University of Miami Law School, Coral Gables, Florida; and Samuel W. Murphy, Jr., New York City, for petitioner.
Robert A. Butterworth, Atty. Gen. and Sean Daly, Asst. Atty. Gen., Daytona Beach, for respondent.
William Thomas Zeigler, Jr., files this petition for writ of habeas corpus seeking to set aside the death sentence which has been imposed upon him. We have jurisdiction. Art. V, § 3(b)(9), Fla. Const.
Zeigler was convicted of two counts of murder in the first-degree and two counts of murder in the second-degree, all arising out of the scheme by which he planned to kill his wife in order to collect her life insurance. The jury recommended life imprisonment. However, the judge overruled the recommendation and imposed the sentence of death for the two counts of first-degree murder. This Court affirmed in Zeigler v. State, 402 So.2d 365 (Fla.1981), cert. denied, 455 U.S. 1035, 102 S.Ct. 1739, 72 L.Ed.2d 153 (1982).
Zeigler claims that he is entitled to relief under Hitchcock v. Dugger, 481 U.S. 393, 107 S.Ct. 1821, 95 L.Ed.2d 347 (1987), in which the United States Supreme Court found reversible error where the jury was instructed to consider only statutorily enumerated mitigating circumstances and where the trial judge declined to consider nonstatutory mitigating circumstances. Even though Zeigler unsuccessfully sought to raise this issue in prior proceedings, Zeigler v. State, 452 So.2d 537 (Fla.1984), State v. Zeigler, 494 So.2d 957 (Fla.1986), he is not barred from raising the claim at this time since the United States Supreme Court's ruling in Hitchcock represented a sufficient change in the law so as to defeat the application of procedural default. Mikenas v. Dugger, 519 So.2d 601 (Fla.1988); Thompson v. Dugger, 515 So.2d 173 (Fla.1987).
The trial judge in this case was the same judge who presided at the Hitchcock trial. The judge gave the jury essentially the same instruction on aggravating and mitigating circumstances which was deemed erroneous in Hitchcock. Thus, the judge instructed the jury that the mitigating circumstances which it could consider were those itemized in the statute, and there was no mention of nonstatutory mitigating circumstances. Presumably, this error, standing by itself, did not prejudice Zeigler since the jury returned a recommendation of life imprisonment. However, the trial judge overrode the jury recommendation and sentenced Zeigler to death.
Unless there is something in the record to suggest to the contrary, it may be presumed that the judge's perception of the law coincided with the manner in which the jury was instructed. Rather than suggesting otherwise, there are further indications that at the time of the sentencing the judge believed that he was supposed to consider only statutory mitigating circumstances. Thus, in pronouncing sentence, he stated:
Notwithstanding the recommendation of a majority of the Jury, this court, after weighing the aggravating and mitigating circumstances, finds that sufficient aggravating circumstances exist as enumerated in Florida Statutes 921.141(5) and there are insufficient mitigating circumstances as enumerated in subsection 6 of that statute to outweigh the aggravating circumstances.
Thereafter, the judge issued written findings of fact supporting the death sentences in which there was no reference to nonstatutory mitigating circumstances. In such findings, the judge stated:
[I]t is recognized that the Florida Supreme Court has set forth, in addition to the enumerated statutory factors relative to "aggravating" and "mitigating" circumstances, the admonishment that "... in order to sustain a sentence of death following a jury recommendation of life, the facts suggesting a sentence of death should be so clear and convincing that virtually no reasonable person could differ." Tedder v. State, 322 So.2d 908, 910 (1975). In following the statute (Fla.Stat. 921.141), the trial judge is directed to weigh the statutory aggravating and mitigating circumstances when determining the appropriate sentence to be imposed in light of all the facts adduced. In short, the trial judge must justify imposition of a sentence of death, which must be in writing, applying the facts of the case to legislatively mandated criteria.
At an evidentiary hearing held several years later concerning allegations of judicial bias, the judge was asked why he decided to override the...
To continue reading
Request your trial
-
Zeigler v. Crosby
...a habeas petition in the Florida Supreme Court.1 In April 1988, the Florida Supreme Court vacated the death sentence. Zeigler v. Dugger, 524 So.2d 419, 421 (Fla. 1988). Zeigler's second federal habeas petition was then dismissed without In August 1989, Zeigler was re-sentenced to death. Zei......
-
Jackson v. Dugger
...See Daugherty v. Dugger, 839 F.2d 1426 (11th Cir.), cert. denied, 488 U.S. 871, 109 S.Ct. 187, 102 L.Ed.2d 156 (1988); Zeigler v. Dugger, 524 So.2d 419 (Fla.1988). Additionally, the trial court's sentencing order referred to "insufficient mitigating circumstances as enumerated in Subsection......
-
O'Callaghan v. State
...new sentencing proceeding. See, e.g., Hall v. State, 541 So.2d 1125 (Fla.1989); Combs v. State, 525 So.2d 853 (Fla.1988); Zeigler v. Dugger, 524 So.2d 419 (Fla.1988); Mikenas v. Dugger, 519 So.2d 601 (Fla.1988); Riley v. Wainwright, 517 So.2d 656 (Fla.1987); Morgan v. State, 515 So.2d 975 (......
-
Alvord v. Dugger
...the harmless error test and directed a new sentencing proceeding. See, e.g., Combs v. State, 525 So.2d 853 (Fla.1988); Zeigler v. Dugger, 524 So.2d 419 (Fla.1988); Mikenas v. Dugger, 519 So.2d 601 (Fla.1988); Riley v. Wainwright, 517 So.2d 656 (Fla.1987); Morgan v. State, 515 So.2d 975 (Fla......