Eric Scott Branch

Case identification

Eric Scott Branch

Timeline

• 01/11/93 — Eric Scott Branch attacked Susan Morris in the university parking lot and stole her red Toyota; Susan Morris was later found in a wooded area with many injuries characteristic of a severe beating, nude, with a wooden stick broken off in her vagina.
• 02/23/93 — Eric Scott Branch was indicted on: Count I: First-Degree Murder; Count II: Sexual Battery; Count III: Grand Theft Auto.
• 03/10/94 — The jury found the defendant guilty on all counts.
• 03/11/94 — Upon advisory sentencing, the jury voted for the death penalty by a 10 to 2 majority.
• 05/03/94 — The defendant was sentenced: Count I (First-Degree Murder) — Death; Count II (Sexual Battery) — Life in Prison; Count III (Grand Theft Auto) — Five years.
• 06/06/94 — Branch filed his Direct Appeal in the Florida Supreme Court.
• 11/18/94 — Branch was sentenced to 30 years for an additional sexual battery charge in Florida (an incident that occurred prior to the murder for which Branch was sentenced to death).
• 11/21/96 — The Florida Supreme Court affirmed the convictions and sentence of death.
• 02/07/97 — The mandate was issued.
• 03/24/97 — Branch filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 05/12/97 — The petition was denied.
• 05/07/98 — Branch filed a 3.850 Motion in the State Circuit Court.
• 04/01/03 — Branch amended the motion.
• 10/10/03 — Branch amended the motion.
• 12/30/04 — The Circuit Court denied the motion.
• 03/09/05 — Branch filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 08/31/06 — The Florida Supreme Court affirmed the denial of the motion.
• 08/31/05 — Branch filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 08/31/06 — The Florida Supreme Court denied the petition.

Background

The circumstances of Branch’s flight and actions were described as including planning intended to evade Indiana police authorities. Branch planned to abandon his vehicle and steal a car from the University of West Florida.

Branch was convicted and sentenced to death for the sexual battery and murder of Susan Morris on 01/11/93.

The offence

On 01/11/93, Branch attacked Morris in the university parking lot and stole her red Toyota.

Morris’ beaten body was discovered not far away in a wooded area. Morris was found nude, with many injuries characteristic of a severe beating, and a wooden stick was found broken off in her vagina.

Branch was also convicted of sexual battery in the state of Indiana.

Investigation and arrest

The defendant was arrested in Indiana a few days after the murder.

Trial

On 02/23/93, Branch was indicted on:

• Count I: First-Degree Murder
• Count II: Sexual Battery
• Count III: Grand Theft Auto

On 03/10/94, the jury found the defendant guilty on all counts.

On 03/11/94, upon advisory sentencing, the jury, by a 10 to 2 majority, voted for the death penalty.

Sentencing

On 05/03/94, the defendant was sentenced as followed:

• Count I: First-Degree Murder — Death
• Count II: Sexual Battery — Life in Prison
• Count III: Grand Theft Auto — Five years

On 11/18/94, Branch was sentenced to 30 years for an additional sexual battery charge in Florida; this incident occurred prior to the murder for which Branch was sentenced to death.

Appeals

Direct appeal

Branch filed his Direct Appeal in the Florida Supreme Court on 06/06/94. In that appeal, he contended that the trial court erred:

• in failing to grant him a continuance
• in failing to adequately examine his claim of incompetent counsel
• in failing to give special jury instructions
• in the presentation of victim impact evidence

The Florida Supreme Court affirmed the convictions and sentence of death on 11/21/96 and the mandate was issued on 02/07/97.

United States Supreme Court

Branch filed a Petition for Writ of Certiorari in the United States Supreme Court on 03/24/97. The petition was denied on 05/12/97.

Post-conviction and state habeas

Branch filed a 3.850 Motion in the State Circuit Court on 05/07/98 and amended the motion on 04/01/03 and 10/10/03. On 12/30/04, the Circuit Court denied the motion.

Branch filed a 3.850 Motion Appeal with the Florida Supreme Court on 03/09/05, raising the following issues:

• ineffective assistance of counsel at the guilt and penalty phases
• using an Indiana conviction to establish the prior violent felony aggravator

On 08/31/06, the Florida Supreme Court affirmed the denial of the motion.

Branch filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 08/31/05, raising the issue of ineffective assistance of counsel. On 08/31/06, the Florida Supreme Court denied the petition.

Other details

• Supreme Court of Florida opinion: 83805; opinion SC05-433; DC# 313067
• Date of birth: 02/07/71
• First Judicial Circuit: Escambia County
• Case #93-870 CF
• Sentencing judge: The Honorable Edward Nickinson
• Trial attorney: John L. Allbritton – Private Attorney
• Direct appeal attorney: David Davis – Assistant Public Defender Attorney
• Collateral appeals: Michael Reiter – Registry
• Date of offence: 01/11/93
• Date of sentence: 05/03/94
• Additional Information: Branch planned to abandon his vehicle and steal a car from the University of West Florida in order to evade Indiana police authorities.