Jerry Haliburton
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- Gender
- male
- Country
- USA
- Location
- Palm Beach, Florida, USA
- Date of birth
- September 19, 1954
- Age at first offence
- 27
- Characteristics
- burglary, rape
- Victim profile
- Donald Bohannon
- Method of murder
- St abbing with knife
- Date(s) of murder
- August 9, 1981
- Years active
- 1981
- Date of arrest
- —
- Status
-
Sentenced to death
Sentenced to death on October 7, 1983
Case details
Jerry Haliburton was born on 09/19/54. The case occurred in the Fifteenth Judicial Circuit, Palm Beach County, Florida. The case number was 82-1893. The date of offense was 08/09/81. The sentencing judge was The Honorable Jack Cook. The resentencing judge was The Honorable Hubert R. Lindsey.
The offence
On 08/09/81, Jerry Haliburton, while on parole, burglarized the home of Donald Bohannon and attacked him while he slept. Donald Bohannon died as a result of thirty-one stab wounds to the neck, chest, arms, and scrotum.
After being arrested for the crime, Haliburton was subjected to police questioning. When an attorney was obtained, Haliburton was not allowed to see Haliburton.
During the questioning, Haliburton was subjected to a polygraph examination. After a court order was obtained, the attorney was allowed to consult with Haliburton and the interrogation was stopped.
According to Haliburton’s brother, Haliburton said he killed Bohannon just to see if he could kill another human being.
Trial
On 03/24/82, Haliburton was indicted on one count of First-Degree Murder.
On 09/16/83, Haliburton’s jury returned a guilty verdict.
On 09/21/83, the jury recommended death sentence by a vote of 10-2.
On 10/07/83, Haliburton was sentenced to death.
On 02/17/88, a jury recommended death sentence by a vote of 9-3.
On 04/11/88, Haliburton was resentenced to death.
Sentencing
Haliburton was sentenced to death on 10/07/83. He was resentenced to death on 04/11/88.
Appeals
On 11/14/83, Haliburton filed a Direct Appeal with the Florida Supreme Court, arguing that the failure of the police to allow an attorney to consult with Haliburton during questioning violated Haliburton’s right to counsel.
On 08/30/85, the Florida Supreme Court vacated the conviction and death sentence of Haliburton.
On 12/18/85, the State of Florida filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
On 03/24/86, the U.S. Supreme Court vacated the Florida Supreme Court’s decision and remanded the case for reconsideration by the Florida Supreme Court.
On 10/01/87, the Florida Supreme Court again vacated the conviction and sentence and remanded the case for a new trial.
On 04/18/88, Haliburton filed a Direct Appeal with the Florida Supreme Court, claiming the following nine issues:
- trial court error in refusing to require the jury to return a special verdict of premeditated or felony murder;
- not allowing defense to comment on a witness during closing arguments;
- rereading portions of requested testimony;
- improper admission of three photographs into evidence;
- refusing to declare a mistrial due to admission of cumulative, irrelevant, and prejudicial evidence;
- refusing to declare a mistrial due to alleged attempts by the prosecutor to shift the burden of proof;
- Florida’s capital sentencing statute is unconstitutional;
- allowing the jury to consider the HAC aggravating factor; and
- two of four aggravating factors were improperly found (under sentence of imprisonment and cold, calculated, and premeditated murder).
On 04/05/90, the Florida Supreme Court affirmed the conviction and sentence of death.
On 06/20/90, Haliburton filed a Petition for Writ of Certiorari with the U.S. Supreme Court, denied on 06/28/91.
On 02/16/92, Haliburton filed a 3.850 Motion with the Circuit Court that was denied on 01/25/94.
On 02/18/92, Haliburton filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court, citing four issues relating to ineffective assistance of counsel.
On 01/09/97, the Florida Supreme Court denied the Petition.
On 05/23/94, Haliburton filed a 3.850 Motion Appeal with the Florida Supreme Court, citing the following nine issues:
- improper denial of a motion for rehearing,
- state withholding of exculpatory evidence and ineffective assistance of counsel at the guilt phase,
- ineffective assistance of counsel at the penalty phase,
- overbroad jury instructions regarding aggravating circumstances,
- state compliance with public records requests,
- ineffective assistance of counsel regarding waiving of a speedy trial,
- ineffective assistance of counsel regarding prosecutorial misconduct,
- improper jury instructions that shifted the guilt to Haliburton, and
- denial of due process due to the Governor signing a death warrant before the two year time limit for filing a motion for post-conviction relief expired.
On 01/09/97, the Florida Supreme Court affirmed the denial of the 3.850 Motion.
On 04/10/98, Haliburton filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District that was denied on 09/10/01.
On 02/27/01, Haliburton filed an appeal with the Florida Supreme Court, which the Florida Supreme Court treated as a 3.850 Motion Appeal.
On 05/01/01, the court dismissed the appeal with prejudice.
On 10/15/01, Haliburton filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Circuit Court of Appeals, 11 th Circuit, citing allegations of ineffective assistance of counsel.
On 08/21/03, the U.S. Court of Appeals affirmed the denial of the Petition by the U.S. District Court.
On 06/20/03, Haliburton filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court, citing Ring issues.
On 10/09/03, the Florida Supreme Court denied the Petition, without opinion.
On 03/19/04, Haliburton filed a Petition for Writ of Certiorari with the U.S. Supreme Court, appealing the decision of the U.S. Court of Appeals.
On 06/07/04, the U.S. Supreme Court denied the Petition.
On 11/30/04, Haliburton filed a 3.851 Motion with the Circuit Court that was dismissed on 01/28/05.
On 09/29/05, Haliburton filed a 3.851 Motion Appeal with the Florida Supreme Court, and on 07/10/06, the Florida Supreme Court affirmed the denial of the motion.
Other details
Haliburton was represented for trial by Nelson E. Bailey & Charles Musgrove – Private Attorney. For direct appeal, he was represented by Charles Musgrove – Private Attorney. For collateral appeals, Leor Veleanu – CCRC-S.
Timeline
- 08/09/81 — Date of offense: Jerry Haliburton burglarized Donald Bohannon’s home and attacked him while he slept.
- 03/24/82 — Indicted on one count of First-Degree Murder.
- 09/16/83 — Jury returned guilty verdict.
- 09/21/83 — Jury recommended death sentence by a vote of 10-2.
- 10/07/83 — Sentenced to death.
- 11/14/83 — Filed a Direct Appeal with the Florida Supreme Court.
- 08/30/85 — Florida Supreme Court vacated the conviction and death sentence.
- 12/18/85 — State of Florida filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
- 03/24/86 — U.S. Supreme Court vacated the Florida Supreme Court’s decision and remanded for reconsideration.
- 10/01/87 — Florida Supreme Court again vacated the conviction and sentence and remanded for a new trial.
- 02/17/88 — Jury recommended death sentence by a vote of 9-3.
- 04/11/88 — Resentenced to death.
- 04/18/88 — Filed a Direct Appeal with the Florida Supreme Court.
- 04/05/90 — Florida Supreme Court affirmed the conviction and sentence of death.
- 06/20/90 — Filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
- 06/28/91 — Petition denied.
- 02/16/92 — Filed a 3.850 Motion with the Circuit Court.
- 01/25/94 — 3.850 Motion denied.
- 02/18/92 — Filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
- 01/09/97 — Florida Supreme Court denied the Petition.
- 05/23/94 — Filed a 3.850 Motion Appeal with the Florida Supreme Court.
- 01/09/97 — Florida Supreme Court affirmed the denial of the 3.850 Motion.
- 04/10/98 — Filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District.
- 09/10/01 — Petition denied.
- 02/27/01 — Filed an appeal with the Florida Supreme Court treated as a 3.850 Motion Appeal.
- 05/01/01 — Dismissed the appeal with prejudice.
- 10/15/01 — Filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Circuit Court of Appeals, 11 th Circuit.
- 08/21/03 — U.S. District Court.
- 06/20/03 — Filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
- 10/09/03 — Florida Supreme Court denied the Petition without opinion.
- 03/19/04 — Filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
- 06/07/04 — Petition denied.
- 11/30/04 — Filed a 3.851 Motion with the Circuit Court.
- 01/28/05 — 3.851 Motion dismissed.
- 09/29/05 — Filed a 3.851 Motion Appeal with the Florida Supreme Court.
- 07/10/06 — Florida Supreme Court affirmed the denial of the motion.
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