Fourth Judicial Circuit,
Duval County, Case# 97-6680 CFA
Sentencing Judge: The
Honorable L. Haldane Taylor
Trial Attorney: Refik W.
Elder – Private
Attorney, Direct Appeal:
W.C. McLain – Assistant Public Defender
Appeals: Robert A. Norgard – Registry
Date of Offense: 03/06/97
Date of Sentence: 07/24/98
Circumstances of the
The woman sleeping next to
Mr. Floyd was Linda Fullwood. Ms. Fullwood stated that she woke up
to find a man beating Mr. Floyd with either a stick or a pipe. Ms.
Fullwood screamed and Miller struck her with the pipe.
Count I: First-Degree
Count II: Aggravated
Battery with a deadly weapon
was found guilty by the trial jury of First-Degree Murder
07/14/98 The jury
recommended death by a vote of 7-5
Defendant was sentenced as follows:
Count I: First Degree Murder – Death
Count II: Aggravated Battery with a
deadly weapon – 25 years
Miller filed a Direct Appeal to
the Florida Supreme Court on 8/27/98. Three main issues were raised:
whether the trial court erred in denying the appellant’s motion for
judgment of acquittal on premeditation, declining to find certain
nonstatutory mitigating circumstances and whether the sentence was
The Court found that the trial court properly denied the
defendant’s motion and did not commit reversible error in regard to
nonstatutory mitigating factors and that the sentence was proportionate,
thereby affirming Miller conviction and sentence on 08/31/00.
On 09/27/01, Miller filed a
3.850 Motion to the Circuit Court, which was denied on 04/22/04.
On 05/24/04, Miller filed a
3.850 Appeal to the Florida Supreme Court. On 03/23/06, the Court
affirmed the trial court’s denial of Miller’s 3.850 Motion. The mandate
was issued on 04/13/06.
Miller filed a Petition for Writ
of Habeas Corpus to the Florida Supreme Court on 03/17/05, which was
denied on 03/23/06. The mandate was issued on 04/13/06