Daniel Burns

Case identification

Daniel Burns, Jr. was prosecuted in the Twelfth Judicial Circuit, Manatee County, Case #87-2014. The case included Florida Supreme Court opinions 72638 and 84299 and SC01-166, and it used DC# 111918. Daniel Burns’s date of birth was 01/29/45. The sentencing judge was The Honorable Stephen L. Dakan, and the resentencing judge was The Honorable Paul Logan. The trial attorneys were Diana Allen and Mary Ann Stiles (private attorney). The direct appeal attorney was Paul Helm (Assistant Public Defender). The resentencing attorney was also Paul Helm (Assistant Public Defender). The collateral appeals were handled by Eric Pinkard and James Driscoll (CCRC-M).

Timeline

• 08/18/87 — Daniel Burns, Jr. was convicted and sentenced to death for the murder of Florida Highway Patrol Trooper Jeff Young during a traffic stop; Daniel Burns and Samuel Williams were returning to Detroit from Ft. Myers when Trooper Jeff Young pulled them over on Interstate 75.
• 08/18/87 — Defendant arrested.
• 08/25/87 — Defendant indicted on: Count I: First-Degree Murder; Count II: Cocaine Trafficking.
• 05/17/88 — The jury found the defendant guilty on both counts.
• 05/17/88 — Upon advisory sentencing, the jury voted for the death penalty by a 10 to 2 majority.
• 06/02/88 — Date of sentence (Count I: First-Degree Murder – Death; Count II: Cocaine Trafficking – 30 years).
• 12/24/92 — The Florida Supreme Court affirmed Burns’ convictions, but remanded for new sentencing before a jury.
• 04/19/94 — The new sentencing jury voted for the death penalty by a 12 to 0 majority.
• 07/06/94 — Defendant was resentenced: Count I: First-Degree Murder – Death; Count II: Cocaine Trafficking – 30 years.
• 06/27/89 — Burns filed his Direct Appeal in the Florida Supreme Court.
• 05/16/91 — The Florida Supreme Court remanded for new sentencing proceedings.
• 12/24/92 — On the same date, the Florida Supreme Court vacated its earlier decision and issued a clarified opinion on Burns’ Direct Appeal; it again affirmed the convictions and remanded for resentencing.
• 09/02/94 — After resentencing, Burns filed a Direct Appeal in the Florida Supreme Court.
• 07/10/97 — The Florida Supreme Court affirmed the sentence of death.
• 11/24/97 — Burns filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 02/23/98 — The United States Supreme Court denied the Petition for Writ of Certiorari.
• 06/08/98 — Burns filed a 3.850 Motion to Vacate Judgment and Sentence in the State Circuit Court.
• 12/18/00 — The 3.850 Motion to Vacate Judgment and Sentence was denied.
• 01/22/01 — Burns filed an appeal of that decision in the Florida Supreme Court.
• 12/17/04 — The Florida Supreme Court relinquished jurisdiction to the Circuit Court to determine if Burns is mentally retarded.
• 06/27/05 — The Circuit Court determined that Burns is not mentally retarded; the CC denied the mental retardation claim.
• 07/14/05 — Burns filed a 3.203 Appeal.
• 09/15/05 — The 3.203 Appeal was closed.

The offence

Daniel Burns, Jr. was convicted and sentenced to death for the murder of Florida Highway Patrol Trooper Jeff Young during a traffic stop on 08/18/87.

Daniel Burns, Jr. and Samuel Williams were returning to Detroit from Ft. Myers when Florida Highway Patrol Trooper Jeff Young pulled them over on Interstate 75. According to Williams’ testimony, Trooper Young approached the vehicle and asked for identification. Trooper Young then returned to his patrol car and radioed dispatch for a wanted persons search and a registration check on Burns’ Michigan tag. Trooper Young then asked Burns if he could search the vehicle, and Burns consented. Upon searching the trunk and finding what appeared to be cocaine, Trooper Young and Burns began to struggle.

According to witness testimony, Burns and Trooper Young were fighting in a water-filled ditch when Burns grabbed Trooper Young’s gun and pointed it at him. Trooper Young threw his hands in front of his face as Burns fired one shot. The shot hit Trooper Young’s wedding ring and struck him in the head. Trooper Young was dead by the time additional troopers arrived.

Medical examiners testified that the shot was fired at such a close range as to leave gunpowder on Trooper Young’s face. Burns fled on foot and was apprehended later that night.

Williams testified that Burns was making several trips to Florida to purchase $10,000 worth of cocaine.

Investigation and arrest

Trial summary events included:

• 08/18/87 — Defendant arrested.

Trial

On 05/17/88, the jury found the defendant guilty on both counts.

Upon advisory sentencing on 05/17/88, the jury, by a 10 to 2 majority, voted for the death penalty.

Sentencing

On 06/03/88, the defendant was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Cocaine Trafficking — 30 years

On 12/24/92, the Florida Supreme Court affirmed Burns’ convictions but remanded for new sentencing before a jury.

On 04/19/94, the new sentencing jury, by a 12 to 0 majority, voted for the death penalty.

On 07/06/94, the defendant was resentenced as follows:

Direct appeal and collateral proceedings

Burns filed his Direct Appeal in the Florida Supreme Court on 06/27/89. Burns raised many issues in this appeal to which the court gave little or no response.

Burns urged that the trial court erred when it allowed character and background evidence of the victim to be presented to the jury, and erred in its application of the heinous, atrocious, and cruel (HAC) aggravating factor. While Burns argued that the introduction of such evidence unfairly prejudiced both the guilt and penalty phases, the Florida Supreme Court ruled that the introduction only deprived Burns of a fair sentencing. The Florida Supreme Court noted the preponderance of evidence of Burns’ guilt and ruled that, even without the prejudicial testimony, the jury would have enough evidence to convict Burns of murder. The court examined Burns’ HAC claim and found that the aggravator was inappropriately applied. The Florida Supreme Court thus affirmed the convictions but remanded for new sentencing proceedings on 05/16/91.

On 12/24/92, the Florida Supreme Court vacated its earlier decision and issued a clarified opinion. The court explained more depth their finding of error regarding the HAC factor. It stated that, in the absence of the HAC aggravator, the jury would have only one aggravating factor to weigh against one mitigating factor, and there was no way to hypothesize a jury’s recommendation in that circumstance. The court also noted that the prejudicial victim evidence entitled Burns to a new penalty phase before a jury. On 12/24/92, the Florida Supreme Court again affirmed the convictions and remanded for resentencing.

After being resentenced to death on 07/06/94, Burns filed a Direct Appeal in the Florida Supreme Court on 09/02/94. Burns contended that the court erred in denying his request to instruct the jury regarding his right to remain silent and disputed the admission of victim character and background evidence. Burns also argued that his case was one of the most mitigated and least aggravated. The Florida Supreme Court affirmed the sentence of death on 07/10/97.

On 11/24/97, Burns filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 02/23/98.

On 06/08/98, Burns filed a 3.850 Motion to Vacate Judgment and Sentence in the State Circuit Court. The motion was denied on 12/18/00. Burns filed an appeal of that decision in the Florida Supreme Court on 01/22/01.

On 12/17/04, the Florida Supreme Court relinquished jurisdiction to the Circuit Court to determine if Burns is mentally retarded. On 06/27/05, the Circuit Court determined that Burns is not mentally retarded; the CC denied the mental retardation claim. Burns filed a 3.203 Appeal on 07/14/05, which was closed on 09/15/05. The issued raised in the 3.203 appeal have been included in the 3.850 Appeal.

Outcome

Daniel Burns, Jr. was resentenced to death on 07/06/94 following remand for new sentencing. The Florida Supreme Court later affirmed the sentence of death on 07/10/97.

Other details

The sentencing involved Count I: First-Degree Murder and Count II: Cocaine Trafficking, with a death sentence for Count I and 30 years for Count II at both sentencing and resentencing.