Kenneth Quince

Case identification

Kenneth Darcell Quince (also known as Rasikh Abdul-Hakim) was the appellant in the case Kenneth Darcell Quince v. State of Florida. Florida Supreme Court Docket #77610 listed the matter as 592 So. 2d 669; January 16, 1992. A subsequent Florida Supreme Court docket entry listed Docket #89960 as 732 So. 2d 1059; April 8, 1999.

Quince’s date of birth was 02/10/59, and the case was in the Seventh Judicial Circuit, Volusia County, under Case# 80-48-CC and DC# 075812.

Background

Quince was indicted and tried for the death of an 82-year-old female and associated offenses. The case involved proceedings including a direct appeal, collateral appeals under 3.850, petitions for writs in the United States Supreme Court, and federal habeas corpus proceedings.

The offence

On 12/30/79, the body of an 82-year-old female was found lying on the floor of her bedroom.

The detective who found the body, Detective Larry Lewis, surveyed bruises on the victim’s forearm and under her ear, a small abrasion on the pelvic area, and dried blood under the victim’s nose.

During the autopsy, the cause of death was determined to be strangulation.

Two lacerations on the victim’s head were found and were attributed to a sharp edge, either from an instrument or the lip of furniture. The lacerations could have rendered the victim unconscious.

Sexual assault occurred prior to the victim’s death, but it could not be determined if the victim was conscious at the time of the assault.

Several fingerprints were found around a window in the house. The window was determined to be the point of entry for the assailant.

Quince’s admissions described entering the house in earlier circumstances and returning while seeking valuables. Quince admitted to the sexual assault when confronted with forensic evidence but refused to discuss the details.

During later questioning by psychologists, Quince admitted that when Ms. Bowdoin fell to the floor her nightgown ended up around her waist, revealing her legs and pelvic area. Quince claimed this sexually aroused him and resulted in his decision to rape Ms. Bowdoin.

Investigation and forensic evidence

The window in the house was the point of entry for the assailant.

Fingerprints found around that window were compared to Kenneth Quince and were found to be a match.

Arrest

Quince was arrested at his home, which was two blocks away from the scene.

Statements and admissions

After being questioned by police, Quince admitted to the following events as described in the circumstances of the offence.

Quince claimed he had been in the house several years earlier when he had mowed the lawn for the victim.

Quince stated that he had burglarized the home believing that no one was home. While Quince was in the house, Ms. Bowdoin opened the door of her bedroom. Quince and Ms. Bowdoin saw each other; Ms. Bowdoin proceeded to shut and lock her bedroom door. Quince then pushed his way through the door, which knocked Ms. Bowdoin onto the floor. Ms. Bowdoin stood up and started screaming. Quince attempted to silence her by grabbing her by the throat and shaking her. He then pushed her to the floor. Quince then began looking for valuables again and found a tape player, a radio, and a ring. When Quince was leaving the house, he stepped on Ms. Bowdoin’s stomach.

During this questioning, Quince denied any knowledge of the sexual assault.

During later questioning, when confronted with forensic evidence, Quince admitted to the sexual assault but refused to discuss the details.

Later, when questioned by psychologists, Quince admitted the details about Ms. Bowdoin’s nightgown and stated that it sexually aroused him and resulted in his decision to rape Ms. Bowdoin.

Trial

Indictment

On 01/17/80, Quince was indicted as follows:

• Count I: First-Degree Murder
• Count II: Sexual Battery
• Count III: Burglary of an Occupied Dwelling

Guilty plea and waiver

On 08/11/80, Quince entered a guilty plea and waived his right to have an advisory jury impaneled to recommend sentence.

Sentencing at trial

Quince was sentenced on 10/21/80. The sentencing was as follows:

• Count I: First-Degree Murder — Death
• Count II: Sexual Battery — Dismissed
• Count III: Burglary of an Occupied Dwelling — Death

The sentencing judge was The Honorable S. Foxman.

Trial counsel and representations

Quince’s trial attorney was Howard B. Pearl – Assistant Public Defender.

The direct appeal counsel was James R. Wulchak – Assistant Public Defender.

Collateral appeals were handled by Eric Pinkard – CCRC-M.

Sentencing

Quince was sentenced on 10/21/80 and received the following outcomes for the counts at sentencing:

• Death for Count I (First-Degree Murder).
• Count II (Sexual Battery) was dismissed.
• Death for Count III (Burglary of an Occupied Dwelling).

Appeals

Direct appeal

Quince filed a direct appeal to the Florida Supreme Court on 11/24/80.

He raised issues in the appeal mainly regarding the judge’s ruling on aggravating and mitigating factors. Another issue raised was that a general sentence was improperly imposed for two separate offenses.

The Florida Supreme Court ruled that the death sentence could have been imposed only for the murder charge and not the burglary. The Court affirmed the sentence on 03/04/82.

The rehearing was denied on 05/27/82, and the mandate was issued on 06/29/82.

Petition to the United States Supreme Court (certiorari)

Quince filed a Petition for Writ of Certiorari to the United States Supreme Court on 07/22/82. The petition was denied on 10/04/82.

3.850 motion in circuit court

Quince filed a 3.850 Motion to the Circuit Court on 07/05/83.

While the motion was pending, Governor Chiles signed a death warrant for Quince on 01/31/84.

The Circuit Court granted a stay of execution on 02/08/84.

The 3.850 motion was denied on 04/30/84.

3.850 appeal to the Florida Supreme Court

Quince filed a 3.850 Appeal to the Florida Supreme Court on 06/04/84.

Many of the issues raised in that appeal were considered in the direct appeal and therefore were procedurally barred. The remaining issues involved a claim of ineffective assistance of counsel.

The Court applied the two-part test described in Strickland v. Washington and ruled that Quince failed to meet the first part of the Strickland test.

The Court affirmed the trial court’s denial of the 3.850 Motion on 09/05/85.

The rehearing was denied on 11/19/85, and the mandate was issued on 12/26/85.

Petition to the United States Supreme Court (certiorari)

Quince filed another Petition for Writ of Certiorari on 02/14/86. The petition was denied on 04/21/86.

Federal habeas corpus (district court)

Quince filed a petition for Writ of Habeas Corpus to the United States District Court (USDC), Middle District, on 08/11/86.

The petition was denied on 12/14/87.

A motion to amend the judgment was filed on 12/23/87, and an amendment to the motion was filed on 01/20/88.

The petition was denied on 12/21/88.

Quince then appealed the USDC’s denial to the United States Court of Appeals (USCA), 11th Circuit, on 01/18/89.

On 09/21/89, the USCA vacated the USDC’s order and remanded the case. The USDC gave Quince 20 days to file an amended petition.

On 10/26/90, the USDC administratively closed the case so that issues could be decided at the state level.

Second 3.850 motion in circuit court

During that time, Quince filed a second 3.850 Motion to the Circuit Court on 05/30/89.

The main issue was conflict of interest based on Harich v. State.

Quince’s defense attorney, Howard Pearl, served as a special deputy sheriff. The motion was denied on 11/06/89.

Disqualification and rehearing regarding Judge Foxman

Quince filed a motion to disqualify Judge S. James Foxman and a petition for rehearing on 11/20/89.

The motion to disqualify the judge was based on a comment by Judge Foxman stating that out-of-state lawyers “look down their noses at us and tend to think we’re a bunch of rednecks.”

At that time, an attorney from Washington, D.C., was representing Quince.

The motion and petition were denied on 02/19/91.

Appeal of denial of 3.850 motion

Quince filed an appeal of the Circuit Court’s denial of his 3.850 Motion to the Florida Supreme Court on 03/18/91.

The main issues raised were that the trial court erroneously ruled against Quince in his attempt to disqualify the judge and that the trial court ruled on the 3.850 Motion without conducting an evidentiary hearing.

The Court ruled that Quince’s motion to disqualify the judge was legally insufficient and found no error in the trial court’s decision.

Regarding the absence of an evidentiary hearing, the Court referred to the Harich decision and remanded the case for an evidentiary hearing to be held.

This opinion was rendered on 01/16/92. The mandate was issued on 02/17/92.

Evidentiary hearing and subsequent order

The Circuit Court held a consolidated evidentiary hearing for four defendants previously represented by Howard Pearl on 12/15/92-12/18/92.

An order issued on 04/02/93 stated there was no conflict of interest and again denied Quince’s 3.850 motion.

Quince filed an appeal of the trial court’s decision to the Florida Supreme Court on 05/07/93.

The Court ruled that the evidentiary proceedings were procedurally flawed which violated the appellant’s right to due process. The Court vacated the trial court’s order denying 3.850 relief and remanded the case for proceedings dealing with each appellant’s claims individually.

The rehearing was denied on 07/10/96, and the mandate was issued on 08/09/96.

Recusal and denial of further 3.850 motion

Quince filed a motion to disqualify Judge Foxman because he had been a witness in the previous evidentiary hearing.

On 08/27/96, Judge Foxman recused himself.

Quince filed a motion to recuse Judge Johnson, Judge Foxman’s replacement, and the court denied the motion.

The 3.850 motion was denied on 11/12/96.

Florida Supreme Court review (3.850)

Quince filed a 3.850 appeal in the Florida Supreme Court on 02/24/97.

The issues raised included the trial court’s refusal to disqualify Judge Johnson, ineffective assistance of counsel, and conflict of interest due to the Howard Pearl issue.

The Court found no error.

The Court affirmed the trial court’s denial of the 3.850 Motion on 04/08/99.

The rehearing was denied on 06/15/99, and the mandate was issued on 07/15/99.

Federal habeas corpus reopened and denied

Quince’s Petition for Writ of Habeas Corpus was reopened in the United States District Court, Middle District, on 06/28/00.

The petition was denied on 05/10/02.

United States Court of Appeals (affirmance)

On 06/25/02, Quince filed a Petition for Habeas Corpus to the United States Court of Appeals, appealing the United States District Court’s decision to deny his petition.

The USCA affirmed the denial on 02/18/04.

Pending 3.850 motion

On 11/01/04, Quince filed a 3.850 Motion to the Circuit Court, which was described as currently pending.

Other details

The case included references to multiple docket entries, including Florida Supreme Court Docket #77610 and Florida Supreme Court Docket #89960.

The record identified Governor Chiles as signing a death warrant for Quince on 01/31/84.

The record identified the involvement of Howard Pearl as defense counsel and as a special deputy sheriff tied to the conflict-of-interest claim.

The record included the death warrant stay and procedural history in both state and federal courts, including vacatur and remand by the 11th Circuit on 09/21/89 and administrative closure by the USDC on 10/26/90.

Foxman**, and the trial attorney was Howard B. Pearl – Assistant Public Defender; direct appeal attorney was James R. Wulchak – Assistant Public Defender; and collateral appeals attorney was Eric Pinkard – CCRC-M.

Timeline

• 12/30/79 — The body of an 82-year-old female was found lying on the floor of her bedroom.
• 01/17/80 — Quince was indicted for First-Degree Murder, Sexual Battery, and Burglary of an Occupied Dwelling.
• 08/11/80 — Quince entered a guilty plea and waived his right to an advisory jury impaneled to recommend sentence.
• 10/21/80 — Quince was sentenced to death for First-Degree Murder and to death for Burglary of an Occupied Dwelling; Sexual Battery was dismissed.
• 11/24/80 — Quince filed a direct appeal to the Florida Supreme Court.
• 03/04/82 — The Florida Supreme Court affirmed the sentence.
• 05/27/82 — Rehearing was denied in the direct appeal.
• 06/29/82 — The mandate was issued.
• 07/22/82 — Quince filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 10/04/82 — The Petition for Writ of Certiorari was denied.
• 07/05/83 — Quince filed a 3.850 Motion to the Circuit Court.
• 01/31/84 — Governor Chiles signed a death warrant for Quince.
• 02/08/84 — The Circuit Court granted a stay of execution.
• 04/30/84 — The 3.850 motion was denied.
• 06/04/84 — Quince filed a 3.850 appeal to the Florida Supreme Court.
• 09/05/85 — The Florida Supreme Court affirmed the trial court’s denial of the 3.850 Motion.
• 11/19/85 — Rehearing was denied.
• 12/26/85 — The mandate was issued.
• 02/14/86 — Quince filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 04/21/86 — The Petition for Writ of Certiorari was denied.
• 08/11/86 — Quince filed a petition for Writ of Habeas Corpus to the USDC (Middle District).
• 12/14/87 — The federal habeas petition was denied.
• 12/23/87 — A motion to amend the judgment was filed.
• 01/20/88 — An amendment to the motion was filed.
• 12/21/88 — The petition was denied.
• 01/18/89 — Quince appealed the USDC denial to the USCA (11th Circuit).
• 05/30/89 — Quince filed a second 3.850 Motion to the Circuit Court.
• 09/21/89 — The USCA vacated the USDC’s order and remanded.
• 10/26/90 — The USDC administratively closed the case.
• 11/06/89 — The second 3.850 motion was denied.
• 11/20/89 — Quince filed a motion to disqualify Judge Foxman and a petition for rehearing.
• 02/19/91 — The motion and petition were denied.
• 03/18/91 — Quince filed an appeal of the Circuit Court’s denial of his 3.850 Motion.
• 01/16/92 — The Florida Supreme Court rendered its opinion.
• 02/17/92 — The mandate was issued.
• 12/15/92-12/18/92 — The Circuit Court held a consolidated evidentiary hearing for four defendants.
• 04/02/93 — An order issued stating there was no conflict of interest and denying Quince’s 3.850 motion.
• 05/07/93 — Quince filed an appeal of the trial court’s decision to the Florida Supreme Court.
• 07/10/96 — Rehearing was denied.
• 08/09/96 — The mandate was issued.
• 08/27/96 — Judge Foxman recused himself.
• 11/12/96 — The 3.850 motion was denied.
• 02/24/97 — Quince filed a 3.850 appeal in the Florida Supreme Court.
• 04/08/99 — The Florida Supreme Court affirmed the denial of the 3.850 motion.
• 06/15/99 — Rehearing was denied.
• 07/15/99 — The