Case Record: Lloyd Duest

Overview

Lloyd Duest was sentenced to death on April 14, 1983 and later was resentenced to death on October 26, 2000.

The case involved a first-degree murder prosecution in the Seventeenth Judicial Circuit, Broward County.

Timeline

• 02/15/82 — Witnesses saw Lloyd Duest carrying a knife in the waistband of his pants.
• 02/15/82 — Duest told a witness that he was going to a gay bar to “roll a fag.”
• 02/15/82 — Duest was seen at a bar with the victim, John Pope, and the two later left in Pope’s gold Camaro.
• After 02/15/82 — John Pope’s roommate, David Shifflett, returned home and found the house unlocked, the lights on, the stereo on with the volume turned up, and blood on the bed.
• After 02/15/82 — A deputy sheriff arrived; Pope was found on the bathroom floor in a pool of blood, having suffered multiple stab wounds.
• 05/21/82 — Duest was indicted on one count of First-Degree Murder.
• 03/18/83 — Jury returned a guilty verdict.
• 03/19/83 — Jury recommended a death sentence by a vote of 7-5.
• 04/14/83 — Duest was sentenced to death.
• 01/10/85 — Florida Supreme Court affirmed Duest’s conviction and sentence.
• 02/19/87 — Duest filed a 3.850 Motion with the Circuit Court.
• 01/05/90 — Duest’s 3.850 Motion was denied.
• 11/17/89 — Duest filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 01/18/90 — Florida Supreme Court denied the Habeas Petition.
• 01/11/90 — Duest filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 01/18/90 — Florida Supreme Court affirmed the trial court’s denial of the 3.850 Motion.
• 01/18/90 — Duest filed a Petition for Writ of Habeas Corpus with the U.S. District Court for the Southern District of Florida.
• 09/19/90 — The U.S. District Court denied the Habeas Petition.
• 12/03/90 — Duest appealed the Writ of Habeas Corpus denial to the U.S. Court of Appeals.
• 07/15/92 — U.S. Court of Appeals affirmed Duest’s conviction and vacated the death sentence and remanded for reconsideration.
• 01/04/93 — State of Florida filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 04/26/93 — U.S. Supreme Court granted the Petition, vacated the judgment of the U.S. Court of Appeals, and remanded for reconsideration.
• 01/28/93 — Duest filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 04/19/93 — Duest’s Petition for Writ of Certiorari was denied.
• 07/29/93 — U.S. Court of Appeals again vacated the death sentence and remanded for reconsideration.
• 12/29/93 — Duest filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 02/22/94 — Duest’s Petition for Writ of Certiorari was denied.
• 12/29/93 — State of Florida filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 02/22/94 — The State’s Petition for Writ of Certiorari was denied.
• 03/15/94 — The U.S. District Court granted the Habeas Petition and vacated Duest’s death sentence.
• 10/26/00 — Duest was resentenced to death.
• 11/06/00 — Duest filed a Direct Appeal with the Florida Supreme Court.
• 06/26/03 — Florida Supreme Court affirmed the death sentence.
• 12/06/03 — Duest filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 04/19/04 — The U.S. Supreme Court denied the Petition.
• 04/15/05 — Duest filed a 3.851 Motion with the Circuit Court.
• 06/09/06 — An Evidentiary Hearing was held.

Background

Lloyd Duest was born 10/27/51. The case was in the Seventeenth Judicial Circuit, Broward County, under Case # 82-4283.

The sentencing judge was The Honorable Patricia W. Cocalis. The resentencing judge was The Honorable Judge Susan Lebow.

Attorney names included Evan Baron – Private Attorney (trial), R.E. Conner – Private Attorney (direct appeal), and Todd Scher – CCRC-S (collateral appeals).

The offence

On 02/15/82, witnesses saw Lloyd Duest carrying a knife in the waistband of his pants.

On 02/15/82, Duest told a witness that he was going to a gay bar to “roll a fag.”

Later that day, Duest was seen at a bar with the victim, John Pope, and the two later left in Pope’s gold Camaro.

When Pope’s roommate, David Shifflett, returned home, he found the house unlocked, the lights on, the stereo on with the volume turned up, and blood on the bed. The roommate called the Sheriff’s Department, and when the deputy sheriff arrived, Pope was found on the bathroom floor in a pool of blood, having suffered multiple stab wounds.

At trial, Duest presented documentary and testimonial evidence that he was in Massachusetts on the day of the murder and did not arrive in Florida until 04/05/82.

At trial, the State presented testimony from seven witnesses who claimed that they had seen Duest with John Pope in the hours before his death.

On 05/21/82, Duest was indicted on one count of First-Degree Murder. On 03/18/83, the jury returned a guilty verdict.

On 03/19/83, the jury recommended a death sentence by a vote of 7-5. On 04/14/83, Duest was sentenced to death.

Investigation

The case facts included that Pope’s roommate called the Sheriff’s Department and that a deputy sheriff arrived and found Pope on the bathroom floor in a pool of blood with multiple stab wounds.

Trial

During trial, Duest presented documentary and testimonial evidence that he was in Massachusetts on the day of the murder and did not arrive in Florida until 04/05/82.

The State presented testimony from seven witnesses who claimed they had seen Duest with John Pope in the hours before his death.

A jury recommended a death sentence by a vote of 7-5 on 03/19/83. Duest was sentenced to death on 04/14/83.

Sentencing

On 04/24/83, the trial court used Duest’s Massachusetts convictions for Armed Robbery and Armed Assault with Intent to Murder as aggravating circumstances in its sentencing order.

Appeals

Florida Supreme Court (direct appeal)

Duest filed a direct appeal with the Florida Supreme Court on 05/16/83, citing the following errors:

• allowing testimony of two state witnesses,
• failing to grant a mistrial for the prosecutor insulting defense counsel during cross-examination of a state witness,
• lacking sufficient evidence of premeditated murder,
• admitting a prejudicial photograph into evidence,
• improper finding of aggravating and mitigating circumstances.

The Florida Supreme Court affirmed Duest’s conviction and sentence on 01/10/85.

State post-conviction and federal habeas

Duest filed a 3.850 Motion with the Circuit Court on 02/19/87, and it was denied on 01/05/90.

Duest filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 11/17/89, raising numerous claims of ineffective assistance of counsel. The Florida Supreme Court denied the Habeas Petition on 01/18/90.

Duest filed a 3.850 Motion Appeal on 01/11/90 with the Florida Supreme Court raising numerous claims. The Florida Supreme Court discussed two:

• failure of the State to provide exculpatory evidence to the defense, and
• Duest was deserving of a new sentencing hearing due to his Massachusetts conviction for armed assault being overturned, which was used by the trial court as an aggravating circumstance.

The Florida Supreme Court rejected Duest’s seven claims of ineffective assistance of counsel.

On 01/18/90, the Florida Supreme Court affirmed the trial court’s denial of the 3.850 Motion.

Duest filed a Petition for Writ of Habeas Corpus with the U.S. District Court for the Southern District of Florida on 01/18/90, claiming twenty-five issues. The U.S. District Court denied the Habeas Petition on 09/19/90.

Duest filed an appeal of the Writ of Habeas Corpus denial with the U.S. Court of Appeals on 12/03/90.

On 07/15/92, the U.S. Court of Appeals affirmed Duest’s conviction, but vacated the death sentence and remanded for reconsideration. The court found that Duest’s death sentence should be vacated because Duest’s Massachusetts conviction, which was used as an aggravating circumstance in his Florida death sentence, was later overturned by a Massachusetts court.

The State of Florida filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/04/93. On 04/26/93, the U.S. Court of Appeals, and remanded the case to the U.S. Court of Appeals for reconsideration.

Duest filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/28/93 that was denied on 04/19/93.

On 07/29/93, the U.S. Court of Appeals again vacated the death sentence and remanded the case to the U.S. District Court for reconsideration.

Supreme Court on 12/29/93 that was denied on 02/22/94.

On 03/15/94, the U.S.

Outcome

Duest’s death sentence was vacated by the U.S. District Court on 03/15/94 following the habeas proceedings, and Duest was resentenced to death on 10/26/00.

Duest filed a direct appeal with the Florida Supreme Court on 11/06/00, citing the following errors:

• failure of the State to disclose exculpatory