David Miller

Case record

David Miller was born on 09/06/1959. His case was in the Fourth Judicial Circuit, Duval County, with Case# 97-6680 and CFA. The sentencing judge was The Honorable L. Haldane Taylor. The trial attorney was Refik W. Elder – Private Attorney. The direct appeal attorney was W.C. McLain – Assistant Public Defender. The collateral appeals attorney was Robert A. Norgard – Registry.

Timeline

• 03/06/97 — Date of offense
• 04/04/97 — Miller recounted the events of the offense
• 06/25/98 — A trial jury found Miller guilty of First-Degree Murder
• 06/26/97 — Miller was indicted
• 07/14/98 — The jury recommended death by a vote of 7-5
• 07/24/98 — Miller was sentenced: Death for Count I and 25 years for Count II
• 08/27/98 — Miller filed a Direct Appeal to the Florida Supreme Court
• 08/31/00 — The Florida Supreme Court affirmed Miller’s conviction and sentence
• 09/27/01 — Miller filed a 3.850 Motion to the Circuit Court
• 04/22/04 — The Circuit Court denied Miller’s 3.850 Motion
• 05/24/04 — Miller filed a 3.850 Appeal to the Florida Supreme Court
• 03/17/05 — Miller filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court
• 03/23/06 — The Florida Supreme Court affirmed the denial of Miller’s 3.850 Motion and denied the habeas corpus petition
• 04/13/06 — The mandate was issued

Background

In June of 1997, the defendant told a police officer in Louisiana that he had killed an individual in Jacksonville, Florida. He revealed that he had beaten a man to death during a robbery.

The offence

Miller stated that he drank three to four quarts of beer and had smoked ten dollars worth of crack cocaine before the incident. He stated that he then began to look for money and more beer.

Miller stated that he found a dented six-foot pipe in a park. He then walked behind a building and saw a man sleeping under a blanket. Miller stated that he did not intend to rob the victim until he was standing over him with the pipe.

Miller asserted that he hit the victim, Albert Floyd, with the pipe to disable him and avoid a struggle. Miller stressed that his intention was not to kill the man. He struck the man again to avoid resistance. Miller stated that he believed homeless people carried guns and knives, and he said his objective was to prevent injury to himself.

Linda Fullwood was the woman sleeping next to Mr. Floyd. Ms. Fullwood stated that she woke up to find a man beating Mr. Floyd with either a stick or a pipe. Ms. Fullwood screamed and Miller struck her with the pipe. Miller stated that he acted without thinking and hit Fullwood instinctively.

Jimmy Hall was walking along Duval Street. He heard Ms. Fullwood’s screams and ran to the scene. Mr. Hall stated that he saw a man beating two people with a pipe. He estimated the pipe was four to five feet long with a bent end. Mr. Hall stated that he saw the assailant using both of his hands to swing the pipe. Mr. Hall yelled for the assailant to stop. Miller stated that when Mr. Hall yelled he realized what he was doing and fled.

Mr. Floyd died from three blows to the head, which fractured his skull and penetrated the brain.

Miller stated that he turned himself in because he thought that the victim’s family was looking for him, his conscience was bothering him, he knew what he did was wrong, and he wanted to apologize to the victim’s family.

Once Miller was transferred to Jacksonville, Miller showed a detective the scene of the crime along with walking the detective through the events of the crime.

Investigation

Miller met with a detective, was informed of his rights, and recounted the events of 04/04/97.

Arrest

No separate arrest details beyond the turning himself in were included.

Trial

Miller was indicted on the following counts:

• Count I: First-Degree Murder
• Count II: Aggravated Battery with a deadly weapon

On 06/25/98, the defendant was found guilty by the trial jury of First-Degree Murder.

On 07/14/98, the jury recommended death by a vote of 7-5.

Sentencing

On 07/24/98, Miller was sentenced as follows:

• Count I: First Degree Murder – Death
• Count II: Aggravated Battery with a deadly weapon – 25 years

Appeals

Miller filed a Direct Appeal to the Florida Supreme Court on 8/27/98. The appeal raised whether the trial court erred in denying the appellant’s motion for judgment of acquittal on premeditation, declining to find certain nonstatutory mitigating circumstances, and whether the sentence was proportionate.

The Florida Supreme Court found that the trial court properly denied the defendant’s motion and did not commit reversible error in regard to nonstatutory mitigating factors and that the sentence was proportionate, thereby affirming Miller’s conviction and sentence on 08/31/00.

Miller filed a 3.850 Motion to the Circuit Court on 09/27/01, which was denied on 04/22/04.

On 05/24/04, Miller filed a 3.850 Appeal to the Florida Supreme Court. On 03/23/06, the Court affirmed the trial court’s denial of Miller’s 3.850 Motion. The mandate was issued on 04/13/06.

Miller filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 03/17/05, which was denied on 03/23/06.

Outcome

Miller’s conviction and sentence were affirmed, and he was sentenced to death on July 24, 1998.

Other details

Florida Supreme Court opinion references included: SC93792 opinion SC04-892 DC# J08118. The sentencing date was 07/24/98 and the date of sentence was also 07/24/98.