Alphonso Cave

Case record: Alphonso Cave

Background

Alphonso Cave was convicted of first-degree murder, robbery with a firearm, and kidnapping. The conviction produced a death sentence for the murder conviction and life imprisonment for the other counts, followed by multiple resentencings to death.

The offence

The trial jury adjudicated the following counts “as charged in the indictment”:

• Count I: First-Degree Murder — guilty
• Count II: Robbery with a Firearm — guilty
• Count III: Kidnapping — guilty

Cave contended that emphasizing Cave’s admission of guilt in the robbery, which resulted in the victim’s death, would lead to a conviction for first degree murder under Florida’s felony murder statute, regardless of the fact that Cave did not shoot Slater. Cave also contended that his attorney was so convinced that she would win an acquittal for her client that she failed to prepare for the sentencing hearing.

Trial

12/08/82

As charged in the indictment, the defendant was adjudicated as follows:

• Count III: Kidnapping — guilty

12/09/82

Upon advisory sentencing, the trial jury recommended the death penalty for the murder conviction by a 7 to 5 vote.

12/10/82

The defendant was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Robbery with a Firearm — Life Imprisonment
• Count III: Kidnapping — Life Imprisonment

Sentencing

Resentencing I

05/07/93

The jury recommended the death penalty by a 10 to 2 vote.

06/25/93

Defendant was resentenced to death.

Resentencing II

11/22/96

The jury recommended the death penalty by an 11 to 1 vote.

02/21/97

Clemency

12/07/87

A hearing was held and denied.

Investigation / legal proceedings leading to stays and resentencing

A death warrant was signed by Governor Martinez on 04/27/88. A scheduled execution date was set for 07/07/88.

On 07/05/88, the United States District Court, Middle District, granted a stay of execution, vacated the sentence, and remanded.

Reason for the stay

The district court held that Cave received ineffective assistance of counsel at the guilt and penalty phases of his trial, but prejudice occurred only during the sentencing phase. The district court agreed with Cave’s contentions that:

• Cave’s counsel did not understand that emphasizing Cave’s admission of guilt in the robbery, which resulted in the victim’s death, would lead to a conviction for first degree murder under Florida’s felony murder statute, regardless of the fact that Cave did not shoot Slater.
• Cave’s attorney was so convinced that she would win an acquittal for her client that she failed to prepare for the sentencing hearing.

Appeals

Direct appeal and early post-conviction activity

• Cave filed a direct appeal with the Florida Supreme Court in 1983.
• The court affirmed the trial court’s conviction and sentence in 1985.
• The defendant then petitioned the United States Supreme Court for a writ of certiorari in the same year.
• The court denied the petition in 1986.

1990–1992 federal appeal

• The state in 1990 appealed the federal court’s order to the 11th Circuit U.S. Court of Appeals.
• The appeals court affirmed the order in 1992.

Florida Supreme Court procedural error

The trial court resentenced Cave to death in 1993, and the defendant again appealed the decision to the Florida Supreme Court. The court found a procedural error occurred in the circuit court’s disposition of Cave’s motion for disqualification of the resentencing judge. The Florida Supreme Court held that the judge, by passing on the truth of the facts alleged and adjudicating the question of his disqualification, failed to follow the procedural process outlined in rule 2.160 of the Florida Rules of Judicial Administration.

The Florida Supreme Court in 1995 vacated the sentence and remanded the case back to the trial court for resentencing.

U.S. Supreme Court certiorari

• Cave petitioned the U.S. Supreme Court for a writ of certiorari in 1996, and the court denied the petition the following year.

Appeals following the 1997 death sentence

• The trial court sentenced Cave to death a third time in 1997.
• Cave filed his third direct appeal with the Florida Supreme Court, which affirmed the decision in 1998.
• In 1999, Cave petitioned the U.S. Supreme Court for a writ of certiorari, and the court denied the petition the same year.

3.851 motion and Florida Supreme Court decision

• In 2000, Cave filed a 3.851 Motion with the trial court.
• The motion was denied on 11/18/02.
• On 01/21/03, Cave filed an appeal of that decision in the Florida Supreme Court, which was affirmed on 01/27/05.

Federal habeas corpus filing

• Cave filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District, on 04/29/05 that is pending.

Timeline

• 12/08/82 — Defendant was adjudicated guilty on Count I (First-Degree Murder), Count II (Robbery with a Firearm), and Count III (Kidnapping).
• 12/09/82 — Jury recommended the death penalty for the murder conviction by a 7 to 5 vote.
• 12/10/82 — Sentenced: Count I (First-Degree Murder) Death; Count II (Robbery with a Firearm) Life Imprisonment; Count III (Kidnapping) Life Imprisonment.
• 04/27/88 — Death warrant signed by Governor Martinez.
• 07/05/88 — United States District Court, Middle District, granted stay of execution.
• 07/07/88 — Scheduled execution date.
• 12/07/87 — Clemency hearing held (denied).
• 1990 — State appealed the federal court’s order to the 11th Circuit U.S. Court of Appeals.
• 1992 — Appeals court affirmed the order.
• 05/07/93 — Jury recommended the death penalty by a 10 to 2 vote.
• 06/25/93 — Resentenced to death.
• 1995 — Florida Supreme Court vacated the sentence and remanded for resentencing.
• 11/22/96 — Jury recommended the death penalty by an 11 to 1 vote.
• 02/21/97 — Resentenced to death.
• 1998 — Florida Supreme Court affirmed the decision on Cave’s third direct appeal.
• 1999 — U.S. Supreme Court denied Cave’s petition for a writ of certiorari.
• 2000 — Cave filed a 3.851 Motion with the trial court.
• 11/18/02 — 3.851 Motion denied.
• 01/21/03 — Cave appealed the denial in the Florida Supreme Court.
• 01/27/05 — Florida Supreme Court affirmed.
• 04/29/05 — Petition for Writ of Habeas Corpus filed with the U.S. District Court, Southern District; pending.

Other details

More than eight years passed from the time the U.S. District Court vacated the first death sentence in 1990 to the Florida Supreme Court’s affirmation of the trial court’s third sentence in 1998. Two years of inactivity occurred between the denial of the defendant’s first petition to the U.S. Supreme Court for a writ of certiorari in 1996 and the filing of his 3.850 Motion in 1988. The resentencing essentially started the appeals process over each time, and Cave being resentenced to death twice was described as the chief cause of delay in the case.

Cave’s filings included:

• A direct appeal to the Florida Supreme Court in 1983.
• A petition for a writ of certiorari to the United States Supreme Court denied in 1986.
• A 3.850 motion filed in May 1988 that was denied by the trial court a few weeks later.
• A petition for a writ of habeas corpus to the U.S. District Court, Middle District.
• A petition for a writ of certiorari denied in 1996/1997.
• A third direct appeal to the Florida Supreme Court, affirmed in 1998.
• A 3.851 Motion filed in 2000 and denied on 11/18/02.
• An appeal to the Florida Supreme Court affirmed on 01/27/05.
• A petition for writ of habeas corpus filed in the U.S. District Court, Southern District, on 04/29/05.

Governor Martinez signed a death warrant on Cave in April 1988 that quickly prompted two appeals. Cave in May 1988 filed a 3.850 motion with the trial court, which quickly denied a few weeks later; the Florida Supreme Court affirmed the trial court’s decision in July. Cave then petitioned the U.S. District Court, Middle District, for a writ of habeas corpus. The stay and vacatur occurred two days before his scheduled execution date in July, and the court remanded.