Sierra Club v. EPA 18cv3472 NDCA
R ic k
G overnor
October 6, 201
Warden Barry Reddish Florida State Prison 7819 N.W. 228* Street Raiford, Florida 32026-1000
Re: Execution Date for Patrick C Hannon, DC# 500914
Dear Warden. Reddish:
Enclosed is the death warrant to carry out the sentence of Patrick C. Hannon, as well as a certified copy of his judgment and sentence, I have designated the week beginning at 12:00 noon on Monday,, November 6, 2017, through 12:00 noon on Monday, November 13, 2017, for the execution, I have been advised that you have set the date and time of execution for Wednesday, November 8, 2017, at 6:00 p.m.
This letter is incorporated into and made a part of the death warrant identified above.
Sincerely
enclosures
Rick Scott Governor
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THE CAPITOL Tallahassee, Flo r id a 3 2 3 9 9 1850} 7 1 7 - 9 2 4 9
Sierra Club v. EPA 18cv3472 NDCA
Warden Barry Reddish October 6, 2017 Page 2
Honorable Jorge Labarga Chief justice Supreme Court of Florida 500 South L>uvai Street Tallahassee, Florida 32399
Honorable Ronald Flearrotia Chief Judge., Thirteenth judicial Circuit 800 hast Twiggs Street, Room 602 Tampa, Florida 83602
Secretary Julie Jones Department of Corrections 501 South Calhoun Street Tallahassee, Florida 32399-2500
Carolyn Snurkowski Assistant Deputy Attorney General Office of the Attorney General The Capitol, PL-01 Tallahassee, Florida 32399-0001.
Neal Dupree, Esquire Capital Collateral Regional Counsel South 1 East Broward Boulevard, Suite 444 Fort Lauderdale, Florida 33301
Julia McCall, Coordinator Office of Executive Clemency 4070 Esplanade Wav Tallahassee, Florida 32399-2450
Patrick C. Hannon, D 0 5 0 0 9 1 4 Union Correctional Institution 7819 N W 228lh Street Rait'ord, Florida 32026-4400
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STATE OF FLORIDA
PAM BONDI ATTORNEY GENEKAI.
Octobers, 2017
The Honorable Rick Scott Governor The Capitol Tallahassee, Florida 32399-- 0001
RR; Patrick Charles Hannon
Dear Governor Scott;
Patrick Charles Hannon was found guilty of two counts of first degree murder on July 23,1991, for the January 10,1991, first-degree murders of Brandon Snider and Robert Carter in Hillsborough County, Florida, He was sentenced to death for both murders on August 5, 1991, by the trial court, following the Jury's 12-0 death recommendations for each murder. The Florida Supreme Court, on direct appeal, affirmed Hannon's convictions and sentences on June 2, 1994, in Hannon v. State, 038 So.2d 39 (Fla, 1994), cert denied, Hannon v. Florida, 513 U.S. 1158 (1995).
On March 20, 1997, Hannon sought post-conviction relief. That motion was denied on February 4, 2003. The Florida Supreme Court affirmed the trial court's denial of relief in Hannon v. State, 941 So.2d 1109 (Fla. 2006), His state petition for writ o f habeas corpus, filed in the Florida Supreme Court on August 23, 2004, was denied in Hannon v, McDonough, 941 5o.2d 1109 (Fla. 2008).
On November 23, 2006, Hannon filed his federal petition for writ of habeas corpus in tbe U.S. District Court for the Middle District of Florida. The federal court, on October 23, 2007, denied all relief in Hannon v. Secretary, D ep t o f Corrections, 822 F.Supp.2d 1189 (M.D. Fla. 2007), His subsequent appeal to the Eleventh Circuit Court of Appeals, filed on December 19, 2007, was affirmed in Hannon v. Secretary, Dept, o f Corrections, 582 F.3d 1148 (11th Cir. 2009), ce rt denied, Hannon v. McNeil, 130 S.C1S04 (2009),
Hannon filed a successive motion for post-conviction relief in the trial court on November 24, 2010. That motion was denied on March 23, 2011. He timely appealed the denial of relief to the Florida Supreme Court. On April 26, 2012, the Florida
PL-01, The Capitol, Tallahassee, Florida 32399-1030, Telephone (H50) 414-3JOG Fax (H50l 4H7-256-1
Supreme Court affirmed the trial court's order in Hannon v. State, 94 So.3d 502 (Fla, 2012).
On August 18, 2015, Hannon filed another successive post-conviction motion which was denied November 18, 2015. An appeal followed in the Florida Supreme Court which affirmed the trial court's denial of relief in Hannon v. State. SC15-2383, 2018 WL 3352780 (Fla. June 16, 2018).
Hannon filed another successive postconviction motion on February 12, 2018, which was amended on fvlarch 10, 2017, to add a Hurst issue. The trial court denied relief on July 31, 2017. Hannon again appealed on August 30, 2017, and the Florida Supreme Court, in Case No. SC17-1818, issued an order to show cause on September 27, 2017, asking Hannon, on or before October 17, 2017, to address the following: "why the trial court's order should not be affirmed in light of this Court's decision Hitchcock v. State, SC 17-4457
The record has been reviewed and there are no stays of execution issued by any court of competent jurisdiction in this cause. Based upon the above-referenced summary of litigation affirming the judgments and sentences of death imposed for the first-degree murders of Brandon Snider and Robert Carter, the record is legally sufficient to support the issuance of a warrant.
Sincerely,
Ip" Pam Bondi Attorney General
DEATH WARRANT
STATE OF FLORIDA
WHEREAS, PATRICK C. HANNON, on or about the 10th day of January, 1991, murdered Brandon Snider and Robert Carter; and
WHEREAS, PATRICK C. HANNON, on the 23rd day of July, 1991, was found guilty of two counts of first degree murder, and on the 5th day of August, 1991, was sentenced to death: and
WHEREAS, on the 2nd day of June, 1994, the Supreme Court of Florida affirmed the convictions and death sentences of PATRICK C. HANNON; and
WHEREAS, on the 31st day of August, 2006, the Supreme Court of Florida affirmed the trial court order denying PATRICK C. HANNON'S Motion for Postconviction Relief, arid on the same day also denied his Petition for Writ of Habeas Corpus; and
WHEREAS, on the 23rd day of October, 2007, the United States District Court for the Middle District of Florida denied PATRICK C. HANNON'S federal Petition for Writ of Habeas Corpus, which denial was affirmed by the United States Court of Appeals for the Eleventh Circuit on the 27th day of May, 2009; and
WHEREAS, further postconviction motions and petitions filed by PATRICK. C HANNON have been denied, and affirmed on appeal; and
WHEREAS, executive clemency for PATRICK C. HANNON, as authorized by Article IV, Section 8(a), of the Fiorida Constitution, was considered pursuant to the Rules of Executive Clemency, and it has been determined that executive clemency is not appropriate; and
WHEREAS, attached hereto is a certified copy of the record of the conviction and sentence pursuant to section 922,052, Florida Statutes,
NOW. THEREFORE, !, RICK SCOTT, as Governor of the State of Florida and
cause the sentence of death to be executed upon PATRICK C. HANNON, in accord with the provisions of the Laws of the State of Florida,
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed at Tallahassee, the Capital, this 6th day of October, 2017.
ATTEST:
PROBATION VIOLATOR
'Cm it Applicante)
1
IN THE CIRCUS COURT. THIRTEENTH JUDICIAL CIRCUIT. IN AND FOR HILLSBOROUGH COUNTY. FLORIDA
STATE OF FLORIDA
-- vs --
PATRICK C, HANNOS D e fe n d* ni
DIVISION ________ T R IA L D IV I SIO N I (ONE)
CASE N U M B E R ___1 i ?c4fr(~;:' 7 zV?4 `So ^
JUDGMENT
i a
The D efendant Court represented by
PATRICK C. BASKOS JOSEPH EPISCOPO> ESQLIRE
............, being personally before this his Attorney of record, and having:
fChecff Apiscbte Provisitf}
5 0 Seen trie d and Sound g u ilty of the fo llow ing comets) O Entered a plea of g u ilty to th folfaw ihg crlmefe) Entered a pie s of nolo contendere to She fo llow ing ctim e isi
COUNT OKS
CRIME FIRST DEGREE MURDER
OFFENSE STATUTE NUMBERS)
F .S . 7 8 2 .0 4 (1 }
0GFEE O f CRIME
CF
CASE NUMBER
TWO
FIRST DEGREE MURDER
F .S . 7 8 2 ,0 4 (1 )
CE
and no cause having beers show n w hy the D efendant should hot be adjudicated guilty, IT IS ORDERED THAT the Defendant is hereby ADJUDICATED G UILTY of th e above crimefs).
*****'''********* The D efendant is hereby ordered to pay th e sum o f tw enty dollars i$20.GG) pursuant to F.S 9 60 20 (Crimes C om pensation Trust Fund). The D efendant is further ordered to pay the sum of th re e tJoflans($3.0G) as a cou rt cost pursuant to F.S, 943.35(4},
iAppiicabia ft checked! The D efendant <a ordered to pay th e sum of tw o d o lla rs {$2.00} pursuant to F.S. 9 a j.u o iu j. tOpua.us;: The D efendant is ordered to gay a f see in th e sum of $......................... ........... pursuant fa F.S. 775.0835. {Optionni} The Defendant is ordered fo pay the sum of two hundred doilars ($200.00) costs pursuant to f 5.27.3485
The D efendant is o rdered to pay additional coats in lh a sum oi $ ________ -- -- ----------------------------------------
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n Th Court hereby stays and withholds the imposition of sentence as to counifsi
Q The Court hereby defers imposition of sentence u n f iS _ ________ ,,,,___________
The Court p laces the Defends) on Probation tor a period o f ________________________ ___________ under th e supervision of th e Departm ent ot Corrections {co nd itio n s of probation set forth so separate order).
The Court p fa ces.tfts D efendant so Com m unity Control fo ra p e rio d ______________ __under the supervision of the Departm ent ot Corrections (conditions of com m unity control set forth in separata order)
The Defendant m O pen Court was advised of his right to appeal from this Judgm ent by filing notice of appeal with th e CietK of Courf w ith in th irty days fofiow ing th e date sentence is im posed or p ro bation/eom m um ty co n tro l is ordered pursuant to this adjudication. The D efendant was aiso advised of hie right to the assistance of counsef in taking said appeal at the expense of ih e State upon show ing of indigency.
F IN i P W M T 8 OF DEFEhtOAWT
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DONE AND ORDERED in Open Court at Hillsborough County, Floods, this ........
5 fch______ _______ m ... day of
_____
AifuOST______ AD., 19 91
I HEREBY certify that the.above and foregoing fingerprints are the finger
prints of the Defendant
PATRICK C. TANhOS............ __................... and that they ware placed thereon by said
Defendant in my presence in Open Court this date.
STATE O F FLGftiOA
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COUNTV OF H!U,.$Rry iCMs
iHiu C V(j CERTIFY ; : zr->'tpnni\i,p ^ yytyg
and correct copy oy
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fV!T O-TiG All fNi-Sb'. ipv HAND Aivb ..iSPi:*;:;^; gA t
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Defendant __ Cas Number
PATRICK C. HANNON
TRIAC d i v i s i c i ; I (OSS) 9 i. 1927 .................... ..............
ftfHMG fo-1jl
SENTENCE
`
A i lo Cm in)
... ............j
The D e fe n d a n t being personalty be fore m is C ourt, a ccom panied by ms attorney. TOSaPH E P x S to rO ,
...........,,..................and having Been aoiu dica re a g u ifly n e re m and th e Court hawing given the Defendant an opportunity to oe heard and to orter mattere in m itigation of s e n te n c e and to show cause why he shooid no; oe sentenced as orovioeo ;;y s s * and no cause being Shown.
Q aaa the Court naving on .............. ,,,,.............,, ,, ................. ........ .........deferred imposition of sentence
ante this date.
:Ctiecf( either prow
mat!
4 applicamo)
G and the Court having d isced the Defendant on oropation and having subssguantsy revoked the
efeftdW s probation by separate order entered herein.
and the Court having placed did Defendant in eamm unty centrai and having sueaaouendy revoked ine Defendant's community controt by seoarsse order em rea herein.
it iS THE SENTENCE GE THE LAW that:
The Defendant pay a fine of $ ___________ fu s i______ _______ _ as the 5% surcharge reatnroa by ? S. 380.25 XX The Defendant is heresy committed to the custody of the O etartm ent of Corrections
Z The Defendant m hereby eommifsed to the cusfody of the Sheriff* of HiSfaborough County, Ronca :Name of local ootrociions authority to ee inserter) i t printing, tt other than Shentl)
To de imprisoned check one; unwarned sections are inappsicapiei
Z Egr a term of Naturai Life
XSXFof a term of
DyATH...................................... .... ..........
For an inoeferm r period of S months to ________
years.
y "spiff" sefflbnce compiei eitfser o f those two
paragraphs
G Followed by a period of ______________ _ on probation under the supervision a t the Department of
Corrections according to the terms and conditions of probation set forth in a sparat orderenfered herein.
Q However, after serving a panot; o f ..
_______ __imprisonment m ____________ _______
the balance of such sentence shat! be suspended and the Defendant shaii b placed bn probation for a period of ._ ..................................................under supervision of the Department of Corrections
according to ths terms and conditions of predation sat forth ih a separate order entered here;.
SPECIAL PROVISIONS 8 y appropriate notation, the following provisions apply te she sentence imposed m this action.
Firearm - .1 year _i If is iurther ordered that the 3 year minimum provisions of F.5. 775.0 8 ?i2 | am hereby imposed far msnoafory minimum the sentence specified m ibis count, as the Defendant possessed a firearm.
d ru g T rafficking - if is further ordered that the ........... veer minimum rowstans of f R93. 1 3 Si R ;( are 'nan a a to ry minimum hereby imooseo for the sentence specified in this eount.
^m ention of Junshicfion
The Court pursuant to f &, 3 4 ?j Ss3 i retains iunsaiction over tne ceienoam for review of any Farai Commission rpieass order for the period o f _____ ___ ___________ The requisite findings by the
Court are set forth m a separate oroer or stated Oh !ba record m open court
n a o itM i Offender C The Oalendam is aosudgao a habitues offender and has oeen sentenced to an extended term m tms sentence in accordance with the provision* of FS. ??5 .0 8 4 <4 HaL The requisite findings oy the court are set forth in a sepam te order or stated on tb record in open court
ja il Cremi
Ot ft is further ordered mat Sh Defendant affali be showed a total of ......
p
......................
crabsi for seen time as he has been incarcerated pnor to imposition of this sentence. Sucn credit
lefieets the following perioda of incarceration optional);
Con$acw'iiyr
Co heurren!
18cv3472 NDCA
it is further ordered that the sentence moosed for this count sh*tl run G eoheecutive so Q con
current with ioneos, o n in sentanc sat forth in count....
............. above,
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PATRICK C . HANSOS
TRIAL D IPISIO H I (O SE) 9 1 - 1927
istunher ordered mat the composite term of ati sem ences >mposeo far tn counts specifies minis order shaif cun consecutive to C concurrent vvitn ch eat onei the following
Any active sentence being served
.73 Sp ecific s e o i e c o e s :.................................. .........................................................................
..................... ........
m the event m e amove sentence to the Deoartmem of Corrections, m e Sheriff of HtfteOorouqh County, fiorida is ereby oraecea and directed to defiver the Defendant to the Departm ent of Corrections togemet with a copy of this judgm ent and Sentence.
rhe Oefendant in Open Court was advised of his right to aooeai from mis Sentence oy tiling notice or appeal within thirty pays mom this oate with the Clerk of this Court and the Defendant's right to m e assistance of counsel m tatting said appeal A tne expense of the State uoon snowing of indigency
in imposing the above sentence, the Court further s e a & m e r w * M IHL EVENT BOTH DEATH SENTENCES ARE COMMUTED TO L IF E IHgRXSONMHUt WITHOUT P O S S IB IL IT Y GF FABQLE FOR 27 CALENDAR
YEARS BY THE FLORIDA SUPREME COURT, TRBS SAID COMMOTES SEMISCE UNDER COTIKT TWO SHALL
RUN CONSECUTIVE TO SAID COMMUTE SENTENCED OtffiER COUNT ONE.
DONE AND ORDEREO in Open Court at Hitlsborough County, Fiofida this
5th
day of
_____ &SSUST
A.a. 19
c ta TE OF FLORIDA
r
COUMTV OF
?L,e PORGOINO (S A T R o T m s o o c ^ m on fN Utw
f o F ? S w ^ . V HAND AND OFFICIAL SEAL
.... f i
R2*vV._..
DAY OF
PAT FRANK
% R K OF CfRCUn COURT
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Sierra Club v. EPA 18cv3472 NDCA
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Defendant
' - ' i . '-
;
TRIAL D IVISIO N I (ONE)
C ase Numbef .......... 9 1 - 1 9 2 7 _______ _ _ _ _ _ _ _ _
RICHARD ARE, CLERK
SENTENCE
T a.s so Co ups..............
__________ )
ih e D e fe n da n t being personally oe to re th is Court, accom panied by h t* attorney, -^O ^P H feetbCOt'u ESQxttE
____ ______ and having been a d ju d ica te d g u ilty herein. and she Court havmg given m e Defendant an opportunity so r>e naro and to offe r matter n m itig atio n of sentence. and to show ca u se why ft should not be sentenced as qroviped cy Saw, and no cause being shown.
and she C o o n basing o n ___________________________________ deferred im position of sentence
u b tii th is Oat.
idate)
Chttcx e ith e r provtsidb
if aspiieabie? and the Court baaing {faced the Defendant on probation and basing subsequently revokes fbe
Defendant's pfobatiqn by separata order entered hereia
Q and the Court basing placed the Q elendant io com m unity central and basing suoseguentfy revoked the Defendant's co m m u n ity co n tro l tey e sta te o rd e r e n tere d herein.
ST IS THE SENTENCE OF THE LAW that:
The D efendant pay s tin e of S_______ -- ........,... o tu a S ......... ...... ...... ...... as tb e S% surcharge requited by FS- 960.25 XX The D efendant is h e te o y co m m itte d So th e cu sto d y o f th e D epa rtm e n t of C o rre ctio n s The D efendant ts hereby com m itted to in s custody o f tb s S heriff* of Ntllafeorpugh County, Florida
; Nam e of io oaf c a m o tto n s a u th o rity so dm in se rte d at printing, if o th e r th a n Shantt) To 0 im prisoned (check one: unm arked se ctio n s are inappftca&fe)
fo r e ierm of Natural Life
X3 Far a term ot
________ ;' K-vrH...................................... .......
O For an in d e term in a te p e rio d of 6 m o n th s s o ................ ................years.
if " sb/if" senrence
complete offner
of fflase two
paragraphs
F ollow ed by a p e rio d o f ......,__________ on p ro b a tio n u n d er tb e supervision of the Departm ent of
Corrections according to fb e term s and c o n d itio n s of p ro b a tio n se t forth sn a separateorder entered herein.
q However, a fte r serving a p e rio d o f ____________________ im prisonm ent in .. ............ ..................... the balance of such se n te n ce shall b e su sp e nd e d and th e D efendant shall be placed on probation for a p e rio d of .................................................... u n d er supervision of th e Departm ent df Corrections a ccording to fb e terms a n d co n d itio n s of p ro b a tio n sa t fo rth in a separata order entered herein.
SPECIAL PROVISIONS Sy appropriate notation, m e follow ing provisions apply to tne sentence im posed in this action
Firearm ~ 3 year it is fu rth e r o rdered th a t th e 3 year m m im unt p ro visio n s o t F.SL 775.087(2} are hereby imposed for m andatory m inimum the sentence specified in this c o u n t as the D efendant possessed a firearm.
Dm g Trafficking - it is fu rth e r ord e re d th a t th e ___________ year m inim um provisions of F.5. S 9 3 .t3 5 if 5f ti I are m andatory minimum berepy im posed (or m e sentence specified m ibis co u n t
detention of ju ris d ic tio n
The C o u rt p u rsu a n t to AS. 94?. ; 8(3 Jre ta m s ju n s d ic fio n over m e o s te b o a m for review o f any Parese
Commission release order for tha period of
. The requisite findings by tbe
Court a re set fo rth m a separate ord e r o r sta te d on th e record sn open court.
a b ifu a i O ffender G Tbe D e fe n da n t is a d iu dg e d a habitual o ffe n d e r and has been sentenced to an em ended term a ibis sentence in accordance with the provision* o f AS. 775.084HaJ. Tha requisite findings by (ha court are set forth in a separata order o r stated on the record in open court.
ja il Credit
XS[ p h fu rth e r o rdered th a t tb e D efendant shall b e a llo w e d a lot! o f ___ -- credit for such lim e as he has been m carcaratad prior ta im position of ibis sem ence Such credit reflects the follow ing periods of incarceration Io p tio n a l:
C o n s o c u iiv a / C onom rm s
Sierra Club v. EPA 18cv3472 NDCA
it is fu rth e r ordered th a t tb e sentence im om tLd fo r this count sbsfi ruh G consecutive to G concu rre n t wsfh ic b e c k one} th e se n ten ca se t f.m h in c o u n t -- .-- above,
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