Thomas James Moore

Case information

Thomas James Moore was born on 04/20/73. The case was in the Fourth Judicial Circuit, Duval County, Case# 93-1659 CF.

Sentencing was held before The Honorable John D. Southwood.

The trial attorney was Charles G. Cofer – Assistant Public Defender. The direct appeal attorney was Bill Salmon – Private Attorney. The collateral appeals attorney was Martin J. McClain – Registry.

Timeline

• 01/21/93 — Date of offense.
• 02/18/93 — Defendant was indicted on multiple counts.
• 10/29/93 — Defendant was found guilty by the trial jury.
• 11/03/93 — The jury recommended the sentence of death by a vote of 9 to 3.
• 12/02/93 — Defendant was sentenced.
• 12/27/93 — Moore filed a direct appeal to the Florida Supreme Court.
• 10/2/97 — The Florida Supreme Court rendered an opinion finding only one of the seven issues had merit and affirmed the conviction and sentence.
• 01/17/98 — A Petition for Writ of Certiorari was filed to the United States Supreme Court.
• 04/20/98 — The United States Supreme Court denied the petition.
• 03/26/99 — A 3.850 Motion was filed to the Circuit Court.
• 09/11/00 — The 3.850 Motion was denied.
• 11/29/00 — A 3.850 Appeal was filed to the Florida Supreme Court.
• 04/2/01 — A Petition for Writ of Habeas Corpus was filed to the Florida Supreme Court.
• 03/07/02 — The Florida Supreme Court denied Moore’s Habeas Petition and affirmed the denial of the 3.850 Motion.
• 06/20/02 — Rehearing was denied.
• 07/22/02 — The mandate was issued.
• 07/18/02 — Moore filed a 3.850 Motion to the Circuit Court.
• 12/30/02 — The 3.850 Motion was denied.
• 03/20/03 — Moore filed a 3.850 Appeal to the Florida Supreme Court.
• 05/13/04 — Moore filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.
• 12/16/04 — The petition was denied.
• 03/21/05 — Rehearing was denied.
• 03/23/05 — Moore filed another Petition for Writ of Habeas Corpus to the Florida Supreme Court.
• 10/18/05 — The petition was denied.
• 02/13/06 — The motion for a rehearing was denied.
• 01/27/06 — Moore filed a 3.850 Motion to the Circuit Court, which was currently pending.
• 02/10/06 — Moore filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District.
• 04/12/06 — The court closed Moore’s case temporarily to allow state filings.

The offence

Thomas Moore was convicted of robbing and killing Johnny Parrish and burning down the victim’s residence.

Moore and Parrish were considered friends, and Parrish was a resident in Moore’s neighborhood. At approximately 3:00 p.m. on 1/21/93, Moore and Parrish sat outside Parrish’s house drinking.

In a statement Moore claimed that two neighborhood youths, Clemons and Gaines, approached the house. Moore also stated that he had seen the same two youths chasing another youth, “Little Terry” with a gun earlier that day. Clemons denied these events at the trial.

Clemons and Gaines testified to having a conversation with Moore about robbing Parrish. During this conversation, it was established that Clemons would go into the house with Moore and that Gaines would serve as a lookout. Gaines testified that he saw neither Moore nor Clemons enter the house, but he heard two shots and then saw Clemons exit and then reenter from the back of the house. Gaines started to walk away from the residence and Clemons caught up with him and stated that Moore had shot Parrish.

Clemons testified that he and Moore entered the house, and Moore pulled a gun on Parrish. After asking Parrish where he kept his money and receiving no response, Moore shot Parrish. Two neighbors saw smoke coming out of Parrish’s house and ran in and pulled him out. Parrish was already dead by this time.

According to the fire inspector, two separate intentional fires were started.

A witness named Shorter testified that Moore brought him a bag full of clothes and asked him to burn them. Shorter testified that Moore also stated that he had shot Parrish and burned down his house. Moore specifically stated that he shot Parrish twice, Clemons ran out of the house, and then Moore took the top of a lawnmower that he found and set it on fire to get rid of the fingerprints in the house.

Shorter called his mother, who then called the police.

A jail inmate testified that Moore stated that he did not mean to kill Parrish, but that he had to because Parrish could identify him.

Another neighbor testified that Moore had asked him to rob Parrish.

Investigation and indictment

On 02/18/93, Defendant was indicted on the following:

• Count I: First Degree Murder with a firearm
• Count II: Attempted robbery with a firearm
• Count III: Conspiracy to commit robbery
• Count IV: Burglary with a dangerous weapon
• Count V: Arson

Trial

On 10/29/93, Defendant was found guilty by the trial jury.

On 11/03/93, the jury recommended the sentence of death by a vote of 9 to 3.

Sentencing

On 12/02/93, Defendant was sentenced as follows:

• Count I: First Degree Murder with a firearm – Death
• Count II: Attempted robbery with a firearm – 30 years with 322 days served
• Count III: Conspiracy to commit robbery– 10 years with 322 days served
• Count IV: Burglary with a dangerous weapon – Life sentence with 322 days served
• Count V: Arson – Life sentence with 322 days served

Counts II through V were ordered to run concurrent to Count I.

Appeals

Direct appeal

Moore filed a Direct Appeal to the Florida Supreme Court on 12/27/93. There were seven claims raised in the appeal.

The Court rendered an opinion on 10/2/97 finding that only one of the seven issues had merit. The Court ruled that it was an error to admit the testimony from a witness who claimed that Moore had a gun two days after the victim’s death because the evidence was not relevant to the topic of whether Moore committed the murder. The error was ruled as harmless and the Court affirmed Moore’s conviction and sentence.

Moore filed a Petition for Writ of Certiorari to the United States Supreme Court on 01/17/98 and it was denied on 04/20/98.

3.850 motion and Florida habeas proceedings

A 3.850 Motion was filed to the Circuit Court on 03/26/99. The motion was denied on 09/11/00.

Both a 3.850 Appeal and a Petition for Writ of Habeas Corpus have been filed to the Florida Supreme Court on 11/29/00 and 04/2/01, respectively.

Issues raised in the 3.850 Appeal primarily surrounded public record issues and the claim of ineffective assistance of counsel. The Court found that the trial court did not abuse its discretion in regard to the public records issues and denied Moore’s claim of ineffective assistance of counsel.

Moore also made claims of ineffective assistance of counsel within his Habeas Petition. The Court found these claims to be either procedurally barred and without merit.

The Florida Supreme Court issued an opinion on 03/07/02 in which they denied Moore’s Habeas Petition and affirmed the trial court’s denial of the 3.850 Motion. The rehearing was denied on 06/20/02 and the mandate was issued on 07/22/02.

Moore filed a 3.850 Motion to the Circuit Court on 07/18/02, which was denied on 12/30/02.

Moore then filed a 3.850 Appeal to the Florida Supreme Court on 03/20/03. The Court affirmed the lower court’s denial of the defendant’s 3.850 Motion.

Additional habeas petitions

Moore additionally filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 05/13/04, which was denied on 12/16/04. The rehearing was denied on 03/21/05.

On 03/23/05, Moore filed another Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was denied on 10/18/05.

On 02/13/06, the motion for a rehearing was denied.

Further state and federal filings

On 01/27/06, Moore filed a 3.850 Motion to the Circuit Court, which was currently pending.

On 02/10/06, Moore filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District. On 04/12/06, the Court closed Moore’s case temporarily to allow state filings.

Outcome

Moore was sentenced to death on December 2, 1993.