Loran Cole

Case record: Loran Cole

Timeline

• 02/21/94 — Defendant arrested.
• 03/04/94 — Defendant entered a plea of “not guilty”.
• 03/10/94 — Defendant indicted on:
  • Count I: First-Degree Murder
  • Count II: Armed Kidnapping
  • Count III: Armed Kidnapping
  • Count IV: Armed Robbery
  • Count V: Armed Robbery
  • Count VI: Armed Sexual Battery
  • Count VII: Armed Sexual Battery
• 06/30/95 — He was sentenced to life on all charges.
• 09/28/95 — The defendant was found guilty on all counts in the indictment.
• 09/29/95 — Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the death penalty.
• 12/20/95 — The defendant was sentenced as followed:
  • Count I: First-Degree Murder — Death
  • Count II: Kidnapping — 25 years
  • Count III: Kidnapping — 25 years
  • Count IV: Armed Robbery — 25 years
  • Count V: Armed Robbery — 25 years
  • Count VI: Sexual Battery — 25 years
  • Count VII: Sexual Battery — 25 years
• 02/06/96 — Cole filed a Direct Appeal in the Florida Supreme Court.
• 09/18/97 — The Florida Supreme Court affirmed the convictions and sentence of death; it remanded the other felony convictions for re-sentencing according to sentencing guidelines.
• 03/30/98 — The United States Supreme Court denied a Petition for Writ of Certiorari.
• 06/05/98 — Cole filed a Motion to Vacate Judgment and Sentence (3.850) in the State Circuit Court.
• 05/24/00 — The Motion to Vacate Judgment and Sentence (3.850) was denied.
• 06/28/00 — Cole filed an appeal in the Florida Supreme Court.
• 01/29/01 — Cole filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 01/16/03 — In a consolidated opinion, the Florida Supreme Court affirmed the denial of Cole’s 3.850 Motion and denied his Petition for Writ of Habeas Corpus.
• 09/30/03 — Cole filed a 3.850 Motion in the State Circuit.
• 11/03/03 — The 3.850 Motion was denied.
• 12/08/03 — Cole filed an appeal of that decision in the Florida Supreme Court, specifically addressing DNA issues (3.853 Motion Appeal).
• 11/24/04 — The Florida Supreme Court affirmed the denial of the 3.853 Motion.
• 01/23/04 — Cole filed another 3.850 Motion in the State Circuit Court.
• 01/26/04 — The 3.850 Motion was stricken.
• 05/06/05 — Cole filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District.
• 05/03/06 — The U.S. District Court denied the petition.

Background

Loran K. Cole was prosecuted for First-Degree Murder, armed kidnapping, armed robbery, and armed sexual battery.

The offence

The indictment included:

• Count I: First-Degree Murder
• Count II: Armed Kidnapping
• Count III: Armed Kidnapping
• Count IV: Armed Robbery
• Count V: Armed Robbery
• Count VI: Armed Sexual Battery

Trial

Cole entered a plea of “not guilty”. The defendant was found guilty on all counts in the indictment.

Sentencing

Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the death penalty. On December 20, 1995, the defendant was sentenced as followed:

• Count II: Kidnapping — 25 years

Appeals

Cole filed a Direct Appeal in the Florida Supreme Court on 02/06/96. He argued that:

• the trial court erred in allowing a segment of Pam Edwards’ testimony to be read back to the jury during penalty phase deliberations;
• the court erred in its application of aggravating and mitigating circumstances;
• the court erred in denying his motion for a mistrial when his prior criminal history was mentioned during testimony;
• the court erred in denying his motion to suppress the presentation of evidence seized during his warrantless arrest.

The Florida Supreme Court affirmed the convictions and sentence of death; however, it remanded the other felony convictions for re-sentencing according to sentencing guidelines on 09/18/97.

Cole then filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 03/30/98.

Cole filed a Motion to Vacate Judgment and Sentence (3.850) in the State Circuit Court on 06/05/98; it was denied on 05/24/00. Cole then filed an appeal in the Florida Supreme Court on 06/28/00.

Cole filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 01/29/01. On 01/16/03, in an consolidated opinion, the Florida Supreme Court affirmed the denial of Cole’s 3.850 Motion and denied his Petition for Writ of Habeas Corpus.

Cole filed a 3.850 Motion in the State Circuit on 09/30/03, which was denied on 11/03/03. He then filed an appeal of that decision in the Florida Supreme Court on 12/08/03, specifically addressing DNA issues (3.853 Motion Appeal). On 11/24/04, the Florida Supreme Court affirmed the denial of the 3.853 Motion.

On 01/23/04, Cole filed another 3.850 Motion in the State Circuit Court, which was stricken on 01/26/04.

Cole filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District on 05/06/05, which was denied on 05/03/06.

Other details

The defendant’s sentencing status included a statement that he was sentenced to life on all charges on 06/30/95.