Anthony Mungin

Case identification

• Name: Anthony Mungin
• Date of birth: 07/22/66
• Case citation: Florida Supreme Court opinion 81358; opinion SC03-780; DC# 288322
• Court: Fourth Judicial Circuit, Duval County
• Case number: 92-3178

Offence and underlying events

On 09/16/90, a Jacksonville convenience store clerk, Betty Jean Woods, was shot in the head and subsequently died four days later. There were no eyewitnesses to the incident.

A customer of the convenience store entered the store shortly after the shooting and recalled seeing a man rushing out of the store with a paper bag. The customer later identified the man leaving the store as Mungin and discovered the wounded clerk.

After the incident, a store supervisor noticed a cash discrepancy of $59.05 from the cash register.

Investigation and evidence

After the shooting, Mungin was arrested on 09/18/90 in Kingsland, Georgia. A police search of his house uncovered a .25-caliber semiautomatic pistol, bullets, and Mungin’s Georgia identification card. This arrest was for additional offenses committed two days prior to the murder of Woods.

An analysis of the bullet recovered from Woods determined that it was fired from the .25-caliber pistol discovered at Mungin’s residence.

Prior offences and related convictions (as set out in the case information)

Prior to his direct appeal, Mungin was tried and convicted of:

• First-degree murder during the commission of a felony
• Second-degree murder
• Two separate counts of armed robbery

Both robberies occurred on 09/14/90, two days before Woods was shot. For the first robbery, Mungin received a life sentence for first-degree murder and a life sentence for using a firearm. For the second robbery, Mungin received 15 years for second-degree murder and 20 years for armed robbery.

Trial

Indictment and jury verdicts

• 03/26/92: Indicted as follows:

  • Count I: First-Degree Murder

• 01/28/93: Jury returned guilty verdicts on all counts of the indictment.

• 02/02/93: Jury recommended death by a vote of 7-5.

Sentencing

• 02/23/93: Mungin was sentenced as follows:
  • Count I: First-Degree Murder — Death

Timeline

• 09/14/90 — Two robberies occurred.
• 09/16/90 — Betty Jean Woods was shot in the head in Jacksonville; she died four days later.
• 09/18/90 — Mungin was arrested in Kingsland, Georgia; a .25-caliber semiautomatic pistol, bullets, and Mungin’s Georgia identification card were found.
• 03/26/92 — Indicted (Count I: First-Degree Murder).
• 01/28/93 — Jury returned guilty verdicts on all counts of the indictment.
• 02/02/93 — Jury recommended death by a vote of 7-5.
• 02/23/93 — Sentenced to death.
• 03/03/93 — Mungin filed a Direct Appeal to the Florida Supreme Court.
• 09/07/95 — The Florida Supreme Court affirmed Mungin’s conviction and death sentence.
• 05/29/97 — A Petition for a Writ of Certiorari was filed to the United States Supreme Court.
• 10/06/97 — Certiorari was denied.
• 09/17/98 — A 3.850 Motion was filed to the Circuit Court.
• 07/13/01 — An amended Motion was filed.
• 03/18/03 — The 3.850 Motion was denied.
• 04/29/03 — A 3.850 Appeal to the Florida Supreme Court was filed.
• 10/10/03 — A Petition for a Writ of Habeas Corpus to the Florida Supreme Court was filed.
• 04/06/06 — The Court affirmed the trial court’s order denying the 3.850 Motion; the Habeas Corpus petition was denied.
• 06/13/06 — Rehearing was denied.
• 06/29/06 — The mandate was issued.

Parties and legal representation

Sentencing judge

• The Honorable John D. Southwood

Trial counsel

• Charles Cofer — Assistant Public Defender

Direct appeal counsel

• Steven A. Been — Assistant Public Defender

Collateral appeals counsel

• Todd G. Scher — Private

Appeals and post-conviction proceedings

Direct appeal to the Florida Supreme Court

Mungin raised multiple issues on direct appeal, including:

• factors concerning aggravating and mitigating circumstances
• whether there was sufficient evidence to support the first-degree murder conviction
• that the trial court erred in allowing the State to introduce irrelevant evidence that Mungin shot a collateral crime victim in the spine
• whether a fundamental error occurred when a defense witness testified in the penalty phase that inmates serving life sentences are eligible for conditional release

The Florida Supreme Court found these claims either without merit or harmless and affirmed Mungin’s conviction and death sentence on 09/07/95.

United States Supreme Court

Mungin filed a Petition for a Writ of Certiorari on 05/29/97, which was denied on 10/06/97.

3.850 motion and related proceedings

• 3.850 Motion to the Circuit Court: filed on 09/17/98, amended on 07/13/01, and denied on 03/18/03.
• 3.850 Appeal to the Florida Supreme Court: filed 04/29/03. The Court affirmed the denial on 04/06/06.
• Rehearing: denied 06/13/06.
• Mandate: issued 06/29/06.

Habeas corpus petition

On 10/10/03, Mungin filed a Petition for a Writ of Habeas Corpus to the Florida Supreme Court; it was denied on 04/06/06. Rehearing was denied 06/13/06, and the mandate was issued 06/29/06.

Other details

Witness identification and deposition details (as described in the case material)

A customer identified the man leaving the store as Mungin after the shooting. A witness named Kirkland provided a description to police on the day of the crime and later gave a deposition with information attributed to the detective four days after the incident and again in a deposition dated June 18, 1992.

The material states that Kirkland could not swear in court that it was Anthony Mungin. It also states that Kirkland changed his story during the trial, two years after the fact, and told the jury he did not remember saying things written in his deposition and that Anthony was, in fact, the man he saw that day.

The material also describes that the prosecutor told the jury there were 24 sets of fingerprints and that none of Mungin’s prints were found there, and it describes changes in Kirkland’s description of a car after learning the description of the car Anthony drove to Georgia.

Dates and locations in the narrative sections included in the case material

The material includes additional dates and locations describing earlier events and subsequent procedure:

• It describes Mungin as 24 years old at the time of the Woods shooting.
• It states that Woods was shot in the lil Champ store off interstate I-10 in Jacksonville between 1:45 p.m. and 2 p.m. on a Sunday, and that she died in the hospital four days later.
• It describes Mungin as arrested in Kingsland, Georgia on 09/18/90 and later extradited to Monticello, Florida and transported to Leon County in Tallahassee, Fla.
• It states that a detective from Jacksonville questioned Mungin while in Tallahassee.

Trial-phase claims mentioned in the case information

The case material includes claims related to trial and penalty-phase matters, including:

• concern that the State introduced irrelevant evidence that Mungin shot a collateral crime victim in the spine
• concern about a defense witness testimony in the penalty phase regarding inmates serving life sentences being eligible for conditional release

Additional counsel and procedural details included in the case material

The material includes further details about counsel assignment and post-conviction case handling, including:

• that Todd G. Scher argued on behalf of Anthony before the Florida Supreme Court and that it was Anthony’s second appeal
• that the material names Judge Southwood and references post-conviction litigation timelines and attorneys, including Mark Olive, Wayne Henderson, Dale G. Westling Sr., and Kenneth Malnik
• that the material references filings including a “Complaint for Declaratory Judgement” with Case No: 99-1027 and multiple motions, including a “Motion to Remove Conflict Counsel,” a “Motion to Withdraw,” and motions described in connection with conflict counsel and withdrawal

Publication and concluding narrative included in the case material

The case material includes a concluding narrative asserting that Mungin was innocent of the murder he had been placed on death row for and includes a request for support to seek an evidentiary hearing.