Richard Eugene Hamilton

Identification

Richard Eugene Hamilton (date of birth: 02/16/63) was sentenced to death on 06/12/95 in the Third Judicial Circuit, Hamilton County. Venue was changed to Clay County.

Timeline

• 04/27/94 — Richard Hamilton and Anthony Wainwright escaped from a North Carolina prison, stole guns and a Cadillac, traveled to Florida, and kidnapped Carmen Gayheart at gunpoint from a Winn-Dixie parking lot in Lake City, Florida; her Ford Bronco was stolen.
• 07/15/94 — Richard Hamilton was indicted on multiple counts.
• 08/12/94 — Richard Hamilton entered a not guilty plea.
• 05/30/95 — A jury returned guilty verdict on all counts.
• 06/01/95 — By a vote of 10-2, the jury recommended death sentence.
• 06/12/95 — Richard Hamilton was sentenced; Hamilton was sentenced as follows: Count I First-Degree Murder — Death; Counts II-IV — Life Imprisonment.
• 07/10/95 — Richard Hamilton filed a Direct Appeal with the Florida Supreme Court.
• 10/23/97 — The Florida Supreme Court affirmed the conviction and sentence.
• 04/07/98 — Richard Hamilton filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 06/26/98 — The U.S. Supreme Court denied the petition.
• 11/08/99 — Richard Hamilton filed a 3.850 Motion with the Circuit Court.
• 06/30/00 — Richard Hamilton amended the Motion.
• 05/29/02 — The Circuit Court denied the Motion.
• 06/28/02 — Richard Hamilton filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 06/03/04 — The Florida Supreme Court affirmed the denial of the 3.850 Motion.
• 11/12/02 — Richard Hamilton filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 11/27/02 — Richard Hamilton amended the Petition, alleging ineffective assistance of counsel and Ring issues.
• 06/03/04 — The Florida Supreme Court denied the Petition.
• 08/26/05 — Richard Hamilton filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District (pending).

Background

Richard Hamilton escaped from a North Carolina prison with Anthony Wainwright, stole guns and a Cadillac, and traveled to Florida. When the car overheated on 04/27/94 in Lake City, Florida, they kidnapped Carmen Gayheart at gunpoint from a Winn-Dixie parking lot and stole her Ford Bronco.

The offence

Richard Hamilton and Anthony Wainwright kidnapped Carmen Gayheart at gunpoint from a Winn-Dixie parking lot in Lake City, Florida. Carmen Gayheart’s Ford Bronco was stolen. The two raped, strangled, and shot Carmen Gayheart twice in the back of the head.

Codefendant

Anthony Wainwright was also convicted of the charges and sentenced to death.

Trial

Indictment and plea

On 07/15/94, Richard Hamilton was indicted on:

• Count I — First-Degree Murder
• Count II — Armed robbery
• Count III — Armed kidnapping
• Count IV — Armed sexual battery

On 08/12/94, Richard Hamilton entered a not guilty plea.

Verdict and sentencing recommendation

On 05/30/95, the jury returned a guilty verdict on all counts. On 06/01/95, by a vote of 10-2, the jury recommended death sentence.

Sentencing

On 06/12/95, Richard Hamilton was sentenced as follows:

• Count I First-Degree Murder — Death
• Counts II-IV — Life Imprisonment

Appeals

Direct appeal (Florida Supreme Court)

On 07/10/95, Richard Hamilton filed a Direct Appeal with the Florida Supreme Court. Hamilton cited the following nine errors:

1. denying a mistrial
2. allowing the State to impeach its own witnesses
3. allowing the State to elicit testimony indicating Hamilton lied to the police
4. refusing to instruct the jury that Hamilton withdrew from the plan to commit murder
5. overruling defense objections to prosecutorial statements
6. admitting testimony concerning the victim’s children
7. admitting several statements obtained in violation of his right to cut off police questioning
8. admitting evidence which the State had failed to prove
9. giving unconstitutional jury instruction on an aggravating circumstance (CCP)

On 10/23/97, the Florida Supreme Court affirmed the conviction and sentence.

U.S. Supreme Court petition for certiorari

On 04/07/98, Hamilton filed a Petition for Writ of Certiorari with the U.S. Supreme Court. On 06/26/98, the petition was denied.

3.850 motion (Circuit Court; Florida Supreme Court)

On 11/08/99, Hamilton filed a 3.850 Motion with the Circuit Court, and amended the Motion on 06/30/00. On 05/29/02, the Motion was denied.

On 06/28/02, Hamilton filed a 3.850 Motion Appeal with the Florida Supreme Court alleging ineffective assistance of counsel. On 06/03/04, the Florida Supreme Court affirmed the denial of the 3.850 Motion.

Petition for writ of habeas corpus (Florida Supreme Court)

On 11/12/02, Hamilton filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court. On 11/27/02, he amended the Petition, alleging ineffective assistance of counsel and Ring issues. On 06/03/04, the Florida Supreme Court denied the Petition.

Petition for writ of habeas corpus (U.S. District Court)

On 08/26/05, Hamilton filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District; it was pending.

Legal representation and sentencing court details

• Sentencing Judge: The Honorable E. Vernon Douglas
• Attorney, Trial: Jimmy E. Hunt & David M. Valin — Assistant Public Defender
• Attorney, Direct Appeal: David A. Davis — Assistant Public Defender
• Collateral Appeals: George W. Blow, III
• Registry Date of Offense: 04/27/94
• Date of Sentence: 06/12/95

Other details

• Florida Supreme Court opinion: 86021; opinion SC02-1426
• DC# : 123846
• Case: Third Judicial Circuit, Hamilton County; Case # 94-150
• Venue change: Venue changed to Clay County
• Victim: Carmen Gayheart
• Stolen vehicle: Carmen Gayheart’s Ford Bronco
• Trial date cited in summary: 07/15/94 for indictment
• Jury recommendation vote: 10-2 in favor of death sentence