James Ernest Hitchcock

Case details

Name: James Ernest Hitchcock Date of birth: 04/05/56 Court: Ninth Judicial Circuit, Orange County Case number: 76-1942

Timeline

• 07/31/76 — Date of offense
• 08/06/76 — Defendant indicted with Count I: First-Degree Murder
• 02/11/77 — Defendant was sentenced to death
• 02/17/77 — Direct Appeal filed with the Florida Supreme Court
• 01/26/77 — Defendant found guilty of First-Degree Murder
• 02/04/77 — Jury voted for a sentence of death by a majority
• 04/22/87 — United States Supreme Court granted certiorari and remanded the case to the trial court for resentencing
• 02/20/88 — First resentencing: jury recommended death by a vote of 7-5
• 02/24/88 — First resentencing: defendant was resentenced as follows: Count I: First-Degree Murder – Death
• 03/23/88 — Second Direct Appeal filed with the Florida Supreme Court
• 12/20/90 — Florida Supreme Court affirmed the sentence of death
• 08/25/82 — Petition for writ of certiorari filed with the United States Supreme Court
• 10/18/82 — United States Supreme Court denied the petition for writ of certiorari
• 05/03/83 — 3.850 appeal and habeas petition were pending; Florida Supreme Court relinquished jurisdiction to the Circuit Court for an Evidentiary Hearing on guilt phase issues
• 05/10/83 — 3.850 motion denied by the circuit court
• 05/10/83 — 3.850 appeal filed with the Florida Supreme Court
• 05/13/83 — Petition for habeas corpus filed with the United States District Court (Middle)
• 09/22/83 — Habeas petition dismissed by the United States District Court (Middle)
• 10/03/83 — Habeas appeal filed with the 11th Circuit Court of Appeals
• 10/18/84 — 11th Circuit Court of Appeals affirmed the denial of the habeas petition
• 01/18/85 — Rehearing granted en banc
• 08/28/85 — 11th Circuit Court of Appeals again affirmed the denial of the habeas petition
• 04/18/86 — Petition for writ of certiorari filed with the United States Supreme Court
• 04/22/87 — US Supreme Court granted certiorari and remanded the case to the US District Court
• 11/25/87 — United States District Court vacated the habeas denial and remanded the case to the trial court to be resentenced within 60 days
• 08/27/93 — Second resentencing: jury recommended death by a vote of 12-0
• 08/30/93 — Second resentencing: defendant was resentenced as follows: Count I: First-Degree Murder – Death
• 09/11/96 — Third resentencing: jury recommended death by a vote of 10-2
• 09/13/93 — Third Direct Appeal filed with the Florida Supreme Court
• 03/21/96 — The case was remanded to the trial court for a new sentencing hearing
• 04/01/98 — Fourth Direct Appeal filed with the Florida Supreme Court
• 05/08/06 — Circuit Court denied the motion following an evidentiary hearing
• 03/21/96 — Remanded to the trial court for a new sentencing hearing because of issues raised on appeal regarding evidence portraying him as a pedophile
• 03/23/00 — Florida Supreme Court affirmed the sentence of death
• 09/29/00 — Petition for writ of certiorari filed with the United States Supreme Court
• 12/04/00 — United States Supreme Court denied the petition for writ of certiorari
• 02/07/01 — 3.850 motion filed with the circuit court
• 11/30/01 — 3.850 motion amended
• 10/27/03 — Circuit court denied the 3.850 motion
• 12/29/01 — 3.853 motion filed with the circuit court
• 06/25/02 — 3.853 motion denied by the circuit court
• 08/07/02 — 3.853 motion appeal filed with the Florida Supreme Court
• 01/15/04 — Denial of the 3.853 motion affirmed
• 12/12/03 — 3.850 motion appeal filed with the Florida Supreme Court and is pending
• 06/28/04 — Petition for Writ of Habeas Corpus filed with the Florida Supreme Court and is pending before the court
• 03/07/06 — Evidentiary Hearing held
• 05/03/05 — Florida Supreme Court relinquished jurisdiction to the Circuit Court for an Evidentiary Hearing on guilt phase issues
• 10/10/96 — Third resentencing: defendant was resentenced as follows: Count I: First-Degree Murder – Death

The offence

James Hitchcock was unemployed and moved in with his brother, Richard, and Richard’s family in Orlando several weeks before the murder.

On the evening of the murder, Hitchcock watched television with Richard and his family until approximately 11 p.m. Hitchcock left the house and spent the next several hours smoking marijuana and drinking beer with some friends in Winter Garden.

Based on a statement Hitchcock gave to the police after his arrest, Hitchcock came back to the house at approximately 2:30 a.m. He entered the residence from a window in the dining room and proceeded upstairs to the victim’s bedroom. He engaged in sexual intercourse with Richard’s 13-year-old stepdaughter.

After the sexual intercourse, the victim told Hitchcock she was injured and that she was going to tell her mother what happened. When Hitchcock stopped the victim from leaving the bedroom, the victim began to yell. Hitchcock choked the victim to prevent her from yelling and took her outside. The victim continued to make noise, so Hitchcock beat and choked the victim until she was silent and then left her body in some bushes near the house.

Hitchcock returned to the house after the crime and showered before he went to bed.

At trial, Hitchcock withdrew his prior statement. He claimed the victim gave him entry into the house and willingly allowed him into her room to engage in consensual intercourse. Hitchcock said Richard entered the bedroom shortly after the sexual act, took the victim outside, and proceeded to choke her. Hitchcock said the victim was deceased before he successfully pulled Richard off of the victim. Hitchcock stated Richard told him he had no intention of actually killing his stepdaughter. Hitchcock told Richard he would cover for him. Hitchcock said he gave his prior statement for the sole purpose of protecting Richard.

Investigation and arrest

Hitchcock provided a statement to police after his arrest.

Trial

Indictment and verdict

The defendant was indicted with Count I: First-Degree Murder on 08/06/76.

Hitchcock was found guilty of First-Degree Murder on 01/26/77.

The jury voted for a sentence of death by a majority on 02/04/77.

Sentencing judges and counsel

Sentencing Judge (Trial I): The Honorable Maurice M. Paul Resentencing Judge (Resentencing I): The Honorable Gary L. Formet Resentencing Judge (Resentencing II): The Honorable Gary L. Formet Resentencing Judge (Resentencing III): The Honorable Richard F. Conrad

Attorney (Trial I): Charles Tabscott – Assistant Public Defender Attorney (Resentencing): Patricia Cashman – Assistant Public Defender Attorney (Second resentencing): Patricia Cashman – Assistant Public Defender Attorney (Third resentencing): Patricia Cashman – Assistant Public Defender

Direct Appeal I: Craig S. Barnard & Richard B. Greene – Assistant Public Defenders Attorney Direct Appeal II: Steven Malone & Eric Cumfer – Assistant Public Defenders Attorney Direct Appeal III: Steven Malone – Assistant Public Defender Attorneys Direct Appeal IV: Steven Malone & Gary Caldwell – Assistant Public Defenders Attorneys Direct Appeal V: Richard Greene & Gary Caldwell – Assistant Public Defenders Attorney

Collateral Appeals: Eric Pinkard & James Driscoll – CCRC-M

Sentence at trial

On 02/11/77, Hitchcock was sentenced as follows: Count I: First-Degree Murder – Death

Appeals and post-conviction proceedings

Direct appeals and certiorari

A Direct Appeal was filed with the Florida Supreme Court (FSC) on 02/17/77. The issues raised included whether there was sufficient evidence to convict Hitchcock of First-Degree Murder and whether the trial judge improperly assessed the aggravating and mitigating factors. The FSC ruled the issues were either without merit or harmless and affirmed the conviction and sentence of Death on 02/25/82.

A Petition for the Writ of Certiorari was filed with the United States Supreme Court on 08/25/82 and denied on 10/18/82.

3.850 motion and appeal

A 3.850 Motion was filed with the circuit court on 05/03/83 and denied on 05/10/83.

A 3.850 Appeal was filed with the FSC on 05/10/83. The issues raised included whether the death sentence violated Hitchcock's Sixth, Eighth, and Fourteenth Amendment rights because the law prevented his trial counsel from presenting nonstatutory mitigating evidence at his sentencing hearing. The FSC found the claims either without merit or harmless and affirmed the circuit court’s denial of the 3.850 Motion on 05/17/83.

Federal habeas and appellate process

A Petition for Habeas Corpus was filed with the United States District Court (Middle) on 05/13/83 and dismissed on 09/22/83.

A Habeas Appeal was filed with the 11th Circuit Court of Appeals on 10/03/83. The 11th Circuit Court of Appeals affirmed the USDC’s denial on 10/18/84.

The rehearing was granted en banc on 01/18/85. After rehearing, the 11th Circuit Court of Appeals again affirmed the USDC’s denial on 08/28/85.

A Petition for the Writ of Certiorari was filed with the USSC on 04/18/86. The USSC found that the trial judge had barred the consideration of nonstatutory mitigating factors and therefore the defendant’s Death sentence was invalid.

On 04/22/87, the USSC granted Certiorari and remanded the case to the USDC. The USDC vacated the Habeas denial on 11/25/87 and remanded the case to the trial court to be resentenced within 60 days.

Resentencing and further direct appeals

Hitchcock was resentenced on 02/24/88.

A second Direct Appeal was filed with the FSC on 03/23/88. The issues raised included whether the trial court improperly refused to grant his challenges for cause to three prospective jurors and whether the trial court prevented Hitchcock from presenting additional mitigating evidence. The sentence was affirmed by the FSC on 12/20/90.

A Petition for the Writ of Certiorari was filed with the USSC on 08/12/91 and denied on 10/15/91.

A rehearing was granted on 06/29/92 and the USSC granted Certiorari by vacating their 10/15/91 order denying Certiorari and remanded the case to the FSC for further consideration based on Espinosa v. Florida.

On 01/28/93, the FSC remanded the case to the trial court for a new sentencing hearing to take place within 90 days.

A third Direct Appeal was filed with the FSC on 09/13/93. The case was remanded to the trial court on 03/21/96 because on appeal, Hitchcock argued that evidence was erroneously presented portraying him as a pedophile that deprived Hitchcock of a fair sentencing hearing.

A fourth Direct Appeal was filed with the FSC on 04/01/98. The issues raised included whether the trial court erred in permitting the state to put into evidence a report concerning the results of a psychological test. All claims were found to be either harmless or without merit and the FSC affirmed the sentence of Death on 03/23/00.

A Petition for the Writ of Certiorari was filed with the USSC on 09/29/00 and denied on 12/04/00.

3.850 and 3.853 motions and appeals

A 3.850 Motion was filed with the circuit court on 02/07/01 and amended on 11/30/01. The circuit court denied the Motion on 10/27/03.

A 3.853 Motion was filed with the circuit court on 12/29/01 and denied on 06/25/02.

A 3.853 Motion Appeal was filed with the Florida Supreme Court on 08/07/02 and the denial of the 3.853 Motion was affirmed on 01/15/04.

A 3.850 Motion Appeal was filed with the Florida Supreme Court on 12/12/03 and is pending before the court.

Evidentiary hearing on guilt phase issues

On 05/03/05, the Florida Supreme Court relinquished jurisdiction to the Circuit Court for an Evidentiary Hearing on guilt phase issues.

On 03/07/06, an Evidentiary Hearing was held, and on 05/08/06, the Circuit Court denied the motion.

Petition for habeas corpus

A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 06/28/04 and is pending before the court.

Resentencing

First resentencing

The jury recommended death by a vote of 7-5 on 02/20/88.

On 02/24/88, Hitchcock was resentenced as follows:

Second resentencing

The jury recommended death by a vote of 12-0 on 08/27/93.

On 08/30/93, Hitchcock was resentenced as follows:

Third resentencing

The jury recommended death by a vote of 10-2 on 09/11/96.

On 10/10/96, Hitchcock was resentenced as follows: