Thomas v. Wainwright

This is petitioner Daniel Morris Thomas second habeas corpus appearance before this Court. Thomas was convicted and sentenced to death for the New Years Day, 1976, murder of Charles Anderson in Polk County, Florida. He also was convicted of sexual battery, robbery, and burglary in connection with the events at the Anderson home. The facts of the case are set out in the opinion of the Florida Supreme Court affirming his conviction and sentence. Thomas v. State, 374 So. 2d 508 (Fla. 1979), cert. denied, 445 U.S. 972, 100 S. Ct. 1666, 64 L. Ed. 2d 249 (1980). Thomas motion for post-conviction relief was denied by the state court, and the Florida Supreme Court affirmed. Thomas v. State, 421 So. 2d 160 (Fla. 1982). The United States district court denied relief in Thomas first federal habeas corpus proceeding, and this panel affirmed. Thomas v. Wainwright, 767 F.2d 738 (11th Cir. 1985), cert. denied, 475 U.S. 1031, 106 S. Ct. 1241, 89 L. Ed. 2d 349 (1986). No further action took place in the case until a death warrant was signed on March 11, 1986. On April 1, 1986, 14 days before the scheduled execution on April 15, a petition for writ of habeas corpus was filed with the Florida Supreme Court asserting a single issue: that the process by which jurors are selected to sit on capital trial juries is unconstitutional, alleging impropriety in the voir dire procedure used at trial. On April 7, the petition was denied with an opinion. Thomas v. Wainwright, 486 So.2d 574 (Fla. 1986). Thereafter, the United States Supreme Court denied a requested stay and denied a petition for writ of certiorari. Thomas v. Wainwright, 475 U.S. 1112, 106 S. Ct. 1623, 90 L. Ed. 2d 173 (1986). Counsel for Thomas immediately filed another 3.850 petition for writ of habeas corpus in the Florida circuit court alleging seven issues. That court denied relief and the Florida Supreme Court affirmed on the ground that