Petition
Governor Jeb Bush
The Capitol
400 South Monroe Street
Tallahassee
Florida 32399
We believe people are entitled to justice under the U.S.A. Constitution, one innocent man received the ultimate punishment of the Death Penalty, because the case was mishandled by the state and federal courts. We seek a full review and pardon for Angel Diaz # 101061, sentenced to Death on January 24th 12986. These cases (which span 4 decades and 6 counties) have serious errors which demonstrate typical but deadly failures in Florida’s Capital Justice System.
Such includes:
defense attorneys were grossly incompetent and inexperienced
when their negligence was questioned, court ruled such bad behaviours (such as missing filing deadlines) was a "strategic tactical decision" and thus permissible conduct.
Prosecuters who wanted to win at any cost, withheld exculatory evidence, such as DNA test results
The prosecuters made secret leniency deals with jail house snitches in exchange for false testimony
Prosecuters conducted private conversations about the case with the Judge, Police Officers, who failed to fully investigate the case and instead forced an indictment of their targeted suspect.
Dishonest law enforcement methods included coercing and bullying witnesses and the defendant. Planting, destroying, withholding and misrepresenting evidence, prior to, during and after trials.+
Judges limited meaningful cross-examination of witnesses, allowed prejudicial information to be presented to the jury and denied they had a personal interest in the case’s outcome.
Such rulings helped them and their cronies to get re-elected. Most jurors were biased by media coverage and some knew the victims personally. Those who expressed reservations about the death penalty were excluded. Defendants often presented to the juries in a prejudicial light, were denied funds for effective investigations, and excluded from meaningful court proceedings.
Appellate courts upheld these wrongful death sentence by using procedural bars on time and evidence to limit or keep any new evidence from coming to light when it did . Courts ruled such prosecutorial misconduct or new evidence "harmless error ".
The State and federal Courts have upheld wrongful convictions and sentences and over look egregious of defense council, prosecutors, police and judges. This continues because there are no sanctions for those who conduct a malicious prosecution. Rather the defendant, considered a throw away of society, pays the price, the courts must oversee, arbitrate and adhere to the principles of "justice’ and not allow those sworn to uphold justice to defame our system with impunity.
Our constitution will die with these men, unless we speak out.
We request that these cases be justly heard, all errors of the responsible parties be addressed, new trials in accord with society’s right to justice and fair proceedings be held. And additionally a thorough review of the criminal justice system in the state of Florida to prevent further errors. Otherwise, we devolve life and freedom, putting each and every citizen at risk.
Respectfully yours,
cc.
President Bush, The White House, 1600 Pennsylvania Avenue NW, Washington, DC 20500
Mr. Larry Cox, Executive Director, Amnesty International USA, 5 Penn Plaza, NY 10001
Monday, November 20, 2006
Saturday, November 18, 2006
Florida Supreme Court scheduling order - Angel Diaz
http://www.angel-diaz.us/legal/FSCschedulingorder.htm
http://www.angel-diaz.us/legal/Filed_11-15-2006_SchedulingOrder.pdf - PDF
Supreme Court of Florida
WEDNESDAY, NOVEMBER 15, 2006
CASE NO.: SC68493
Lower Tribunal No.: 83-18931-B
ANGEL DIAZ vs. STATE OF FLORIDA
_________________________________________________________________
Appellant(s) Appellee(s)
The Governor has signed a death warrant for the execution of Angel Diaz. The
execution is scheduled to take place at 6:00 p.m., December 13, 2006. We direct that
all further proceedings in this case be expedited.
Matters pending in the trial court shall be acted on and orders disposing of those
matters entered by November 22, 2006. A Notice of Appeal, if any, shall be filed by
November 27, 2006.
The record on appeal shall be filed by 5:00 p.m., November 29, 2006. The
parties shall file simultaneous briefs, if any, by 3:00 p.m., November 30, 2006.
We hereby reserve December 4, 2006, for oral argument, if necessary, to hear
any proceedings that may come before this Court.
Per this Court's Administrative Order In Re: Mandatory Submission of
Electronic Copies of Documents AOSC04-84 dated September 13, 2004, counsel are
directed to transmit a copy of all documents, including any attachments and
appendices, in an electronic format as required by the provisions of that order.
A True Copy
Test:
kb
Served:
PENNY H. BRILL SANDRA S. JAGGARD
CAROLYN M. SNURKOWSKI COURT REPORTERS
CANDACE SABELLA HON. HARVEY RUVIN, CLERK
SUZANNE MYERS KEFFER
HON. JOSEPH P. FARINA, CHIEF JUDGE
HON. AMY STEEL DONNER, JUDGE
http://www.angel-diaz.us/legal/Filed_11-15-2006_SchedulingOrder.pdf - PDF
Supreme Court of Florida
WEDNESDAY, NOVEMBER 15, 2006
CASE NO.: SC68493
Lower Tribunal No.: 83-18931-B
ANGEL DIAZ vs. STATE OF FLORIDA
_________________________________________________________________
Appellant(s) Appellee(s)
The Governor has signed a death warrant for the execution of Angel Diaz. The
execution is scheduled to take place at 6:00 p.m., December 13, 2006. We direct that
all further proceedings in this case be expedited.
Matters pending in the trial court shall be acted on and orders disposing of those
matters entered by November 22, 2006. A Notice of Appeal, if any, shall be filed by
November 27, 2006.
The record on appeal shall be filed by 5:00 p.m., November 29, 2006. The
parties shall file simultaneous briefs, if any, by 3:00 p.m., November 30, 2006.
We hereby reserve December 4, 2006, for oral argument, if necessary, to hear
any proceedings that may come before this Court.
Per this Court's Administrative Order In Re: Mandatory Submission of
Electronic Copies of Documents AOSC04-84 dated September 13, 2004, counsel are
directed to transmit a copy of all documents, including any attachments and
appendices, in an electronic format as required by the provisions of that order.
A True Copy
Test:
kb
Served:
PENNY H. BRILL SANDRA S. JAGGARD
CAROLYN M. SNURKOWSKI COURT REPORTERS
CANDACE SABELLA HON. HARVEY RUVIN, CLERK
SUZANNE MYERS KEFFER
HON. JOSEPH P. FARINA, CHIEF JUDGE
HON. AMY STEEL DONNER, JUDGE
11 circuit opinion in Angel Diaz
http://www.angel-diaz.us/legal/11circuitcourtopinion.htm
http://www.angel-diaz.us/legal/200412795.pdf - PDF
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
March 14, 2005
THOMAS K. KAHN
CLERK
[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 04-12795
________________________
D. C. Docket No. 99-03215-CV-PAS
ANGEL NIEVES DIAZ,
Petitioner-Appellant,
versus
SECRETARY FOR THE
DEPARTMENT OF CORRECTIONS,
Respondent-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(March 14, 2005)
Before EDMONDSON, Chief Judge, MARCUS and PRYOR, Circuit Judges.
http://www.angel-diaz.us/legal/200412795.pdf - PDF
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
March 14, 2005
THOMAS K. KAHN
CLERK
[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 04-12795
________________________
D. C. Docket No. 99-03215-CV-PAS
ANGEL NIEVES DIAZ,
Petitioner-Appellant,
versus
SECRETARY FOR THE
DEPARTMENT OF CORRECTIONS,
Respondent-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
_________________________
(March 14, 2005)
Before EDMONDSON, Chief Judge, MARCUS and PRYOR, Circuit Judges.
Letter to send to Jeb Bush
Date
Hon. Jeb Bush
Governor of the State of Florida
Office of the Governor
400 South Monroe Street
Tallahassee, FL 32399
jeb@myflorida.com
Honorable Governor Bush:
This communication has the purpose to request your intervention to save the life of the Puerto Rican national Angel Nieves Diaz, who was sentenced to death by this State of Florida over twenty years ago, and at this time is waiting to be executed. You have ordered Angel's execution for this December the 13th. All judicial appellate procedures have been exhausted.
I am firmly opposed to the application of the death penalty. The circumstances of this case deserve your immediate intervention. There are plenty of reasons that convince me that prompt action has to be taken. Among those reasons, we have to consider the age of Angel and the long time that Mr. Nieves Daz has been imprisoned -taking into account the terrible confinement circumstances of being in death row. Besides, a series of anomalies were observed in the judicial process, raising serious doubts about the fairness of the judicial process and even over the guilty verdict in Angel's case. I, humbly but firmly, request of you the immediate commutation of the death penalty for Mr. Nieves Daz. In the alternative, we request a moratorium of the execution until all aspects ofthe case can be cleared, including further DNA tests.
Sincerely,
Name
Signature
address
Hon. Jeb Bush
Governor of the State of Florida
Office of the Governor
400 South Monroe Street
Tallahassee, FL 32399
jeb@myflorida.com
Honorable Governor Bush:
This communication has the purpose to request your intervention to save the life of the Puerto Rican national Angel Nieves Diaz, who was sentenced to death by this State of Florida over twenty years ago, and at this time is waiting to be executed. You have ordered Angel's execution for this December the 13th. All judicial appellate procedures have been exhausted.
I am firmly opposed to the application of the death penalty. The circumstances of this case deserve your immediate intervention. There are plenty of reasons that convince me that prompt action has to be taken. Among those reasons, we have to consider the age of Angel and the long time that Mr. Nieves Daz has been imprisoned -taking into account the terrible confinement circumstances of being in death row. Besides, a series of anomalies were observed in the judicial process, raising serious doubts about the fairness of the judicial process and even over the guilty verdict in Angel's case. I, humbly but firmly, request of you the immediate commutation of the death penalty for Mr. Nieves Daz. In the alternative, we request a moratorium of the execution until all aspects ofthe case can be cleared, including further DNA tests.
Sincerely,
Name
Signature
address
Docket #74927 - Angel Nieves Diaz - Docket #81584 - Angel Nieves Diaz
http://www.law.fsu.edu/library/flsupct/74927/74927.html
Florida Supreme Court Briefs and Opinions
Docket #74927 - Angel Nieves Diaz, Petitioner, vs.Richard L. Dugger, etc., Respondent. 719 So. 2d 865; June 11, 1998.
Docket #81584 - Angel Nieves Diaz, Appellant, vs. State of Florida, Appellee. 719 So. 2d 865; June 11, 1998. (Consolidated Case)
Opinion
Petition for Writ of Habeas Corpus
State's Response to Petition for Writ of Habeas Corpus
Reply to State's Response to Petition for Writ of Habeas Corpus
Florida Supreme Court Briefs and Opinions
Docket #74927 - Angel Nieves Diaz, Petitioner, vs.Richard L. Dugger, etc., Respondent. 719 So. 2d 865; June 11, 1998.
Docket #81584 - Angel Nieves Diaz, Appellant, vs. State of Florida, Appellee. 719 So. 2d 865; June 11, 1998. (Consolidated Case)
Opinion
Petition for Writ of Habeas Corpus
State's Response to Petition for Writ of Habeas Corpus
Reply to State's Response to Petition for Writ of Habeas Corpus
Florida Supreme Court order October 28, 2003
http://jweb.flcourts.org/pls/docket/ds_docket?p_caseyear=2003&p_casenumber=234&psCourt=FSC&psSearchType=
10/28/2003
DISP-DENIED
Petitioner Angel Nieves Diaz has filed a successive petition for writ of habeas corpus, raising a number of challenges to Florida's death penalty sentencing scheme based on the United States Supreme Court's decision in Ring v. Arizona, 536 U.S. 584 (2002). All of Diaz's claims have been considered by this Court in other cases and decided adversely to him. See Duest v. State, 28 Fla. L. Weekly S501, S506 (Fla. June 26, 2003) (noting rejection of Ring claims in cases involving prior violent felony conviction aggravator); Porter v. Crosby, 840 So. 2d 981, 986 (Fla. 2003) (finding "meritless" claim that aggravating circumstances must be charged in the indictment, submitted to the jury, and individually found by a unanimous jury verdict); Bottoson v. Moore, 833 So. 2d 693, 695 (Fla.) (rejecting claim that Ring created "irreconcilable conflict" with previous decisions in which the United States Supreme Court "reviewed and upheld Florida's capital sentencing statute over the past quarter of a century"), cert. denied, 537 U.S. 1070 (2002). See also Apprendi v. New Jersey, 530 U.s. 466, 490 (2000) ("Other than the fact of a prior confiction, any fact that increases the penalty for a crime beyond the prescribed staturory maximum must be submitted to the jury, and proved beyond a reasonable doubt."); Accordingly, the petition for writ of habeas corpus is hereby denied.
10/28/2003
DISP-DENIED
Petitioner Angel Nieves Diaz has filed a successive petition for writ of habeas corpus, raising a number of challenges to Florida's death penalty sentencing scheme based on the United States Supreme Court's decision in Ring v. Arizona, 536 U.S. 584 (2002). All of Diaz's claims have been considered by this Court in other cases and decided adversely to him. See Duest v. State, 28 Fla. L. Weekly S501, S506 (Fla. June 26, 2003) (noting rejection of Ring claims in cases involving prior violent felony conviction aggravator); Porter v. Crosby, 840 So. 2d 981, 986 (Fla. 2003) (finding "meritless" claim that aggravating circumstances must be charged in the indictment, submitted to the jury, and individually found by a unanimous jury verdict); Bottoson v. Moore, 833 So. 2d 693, 695 (Fla.) (rejecting claim that Ring created "irreconcilable conflict" with previous decisions in which the United States Supreme Court "reviewed and upheld Florida's capital sentencing statute over the past quarter of a century"), cert. denied, 537 U.S. 1070 (2002). See also Apprendi v. New Jersey, 530 U.s. 466, 490 (2000) ("Other than the fact of a prior confiction, any fact that increases the penalty for a crime beyond the prescribed staturory maximum must be submitted to the jury, and proved beyond a reasonable doubt."); Accordingly, the petition for writ of habeas corpus is hereby denied.
Florida Supreme Court dockets - Angel Diaz
http://jweb.flcourts.org/pls/docket/ds_cases_person?psReportStyle=Display&p_userid=&psCourt=FSC&psSearchType=&psHow=contains&psRole=party&pnPersonId=46431&psButton=Submit
Florida Supreme Court Docket
Cases for Party DIAZ, ANGEL N. (101061)
-->
Case
Status
Filed
Type
Style
Disposed
SC60-68493
Closed
03/24/1986
Death Penalty
ANGEL DIAZ v. STATE OF FLORIDA
10/08/1987
SC60-74927
Closed
10/26/1989
Habeas Corpus
ANGEL DIAZ v. RICHARD L. DUGGER
06/11/1998
SC60-77410
Closed
02/18/1991
Prohibition
ANGEL DIAZ, ETC v. AMY STEELE DONNER
05/22/1991
SC60-81584
Closed
04/14/1993
Death Penalty
ANGEL DIAZ v. STATE OF FLORIDA
06/11/1998
SC60-83047
Closed
01/18/1994
Death Penalty
JAMES C. AGAN, ET AL. v. FLORIDA BOARD OF
11/10/1994
SC60-83048
Closed
01/18/1994
Death Penalty
JAMES C. AGAN, ET AL. v. FLORIDA PAROLE COMMISSION
11/10/1994
SC60-92288
Closed
02/03/1998
All Writs
GUILLERMO OCTAVIO v. ROBERT A. BUTTERWORTH,
06/17/1999
SC00-113
Closed
01/19/2000
Mandamus
LLOYD CHASE ALLEN, v. ROBERT A. BUTTERWORTH,
04/14/2000
SC00-1782
Closed
06/20/2000
Habeas Corpus
ANGEL NIEVES DIAZ v. MICHAEL W. MOORE, ETC.
07/05/2001
SC03-234
Closed
02/11/2003
Habeas Corpus
ANGEL NIEVES DIAZ v. JAMES V. CROSBY, JR., ETC.
10/28/2003
Total Cases 10
Florida Supreme Court Docket
Cases for Party DIAZ, ANGEL N. (101061)
-->
Case
Status
Filed
Type
Style
Disposed
SC60-68493
Closed
03/24/1986
Death Penalty
ANGEL DIAZ v. STATE OF FLORIDA
10/08/1987
SC60-74927
Closed
10/26/1989
Habeas Corpus
ANGEL DIAZ v. RICHARD L. DUGGER
06/11/1998
SC60-77410
Closed
02/18/1991
Prohibition
ANGEL DIAZ, ETC v. AMY STEELE DONNER
05/22/1991
SC60-81584
Closed
04/14/1993
Death Penalty
ANGEL DIAZ v. STATE OF FLORIDA
06/11/1998
SC60-83047
Closed
01/18/1994
Death Penalty
JAMES C. AGAN, ET AL. v. FLORIDA BOARD OF
11/10/1994
SC60-83048
Closed
01/18/1994
Death Penalty
JAMES C. AGAN, ET AL. v. FLORIDA PAROLE COMMISSION
11/10/1994
SC60-92288
Closed
02/03/1998
All Writs
GUILLERMO OCTAVIO v. ROBERT A. BUTTERWORTH,
06/17/1999
SC00-113
Closed
01/19/2000
Mandamus
LLOYD CHASE ALLEN, v. ROBERT A. BUTTERWORTH,
04/14/2000
SC00-1782
Closed
06/20/2000
Habeas Corpus
ANGEL NIEVES DIAZ v. MICHAEL W. MOORE, ETC.
07/05/2001
SC03-234
Closed
02/11/2003
Habeas Corpus
ANGEL NIEVES DIAZ v. JAMES V. CROSBY, JR., ETC.
10/28/2003
Total Cases 10
Docket #68493 - Angel Diaz
http://www.angel-diaz.us/legal/68251-68500.htm
Docket #68493 - Angel Diaz, Appellant, vs. State of Florida, Appellee. 513 So. 2d 1045; October 8, 1987.
Docket #68493 - Angel Diaz, Appellant, vs. State of Florida, Appellee. 513 So. 2d 1045; October 8, 1987.
Friday, November 17, 2006
Address to send a supportcard to Angel
Angel Diaz
# 101061 / Q - wing
Florida State Prison
7819 N.W. 228th street
Raiford , Fl. 32026 - 1230
# 101061 / Q - wing
Florida State Prison
7819 N.W. 228th street
Raiford , Fl. 32026 - 1230
REPLY TO RESPONSE TO HABEASPETITION - Angel Diaz
http://www.angel-diaz.us/legal/replytohabeasApril2003.htm
http://www.angel-diaz.us/legal/03-234_reply.pdf - PDF
IN THE SUPREME COURT OF FLORIDA
CASE NO. SC03-234
ANGEL NIEVES DIAZ,
Petitioner,
v.
JAMES CROSBY,
Secretary, Florida Department of Corrections,
Respondent.
REPLY TO RESPONSE TO PETITION
FOR WRIT OF HABEAS CORPUS
TODD G. SCHER
Special Assistant CCRC
Florida Bar No. 0899641
Law Office of Todd G. Scher, P.L.
555 NE 34th Street, #1510
Miami, Florida 33137
(305) 576-3221
SUZANNE MYERS
Assistant CCRC
Florida Bar No. 0150177
OFFICE OF THE CAPITAL
COLLATERAL REGIONAL COUNSEL
101 N.E. 3RD AVE., SUITE 400
Ft. Lauderdale, FL 33301
(954) 713-1284
COUNSEL FOR PETITIONER
http://www.angel-diaz.us/legal/03-234_reply.pdf - PDF
IN THE SUPREME COURT OF FLORIDA
CASE NO. SC03-234
ANGEL NIEVES DIAZ,
Petitioner,
v.
JAMES CROSBY,
Secretary, Florida Department of Corrections,
Respondent.
REPLY TO RESPONSE TO PETITION
FOR WRIT OF HABEAS CORPUS
TODD G. SCHER
Special Assistant CCRC
Florida Bar No. 0899641
Law Office of Todd G. Scher, P.L.
555 NE 34th Street, #1510
Miami, Florida 33137
(305) 576-3221
SUZANNE MYERS
Assistant CCRC
Florida Bar No. 0150177
OFFICE OF THE CAPITAL
COLLATERAL REGIONAL COUNSEL
101 N.E. 3RD AVE., SUITE 400
Ft. Lauderdale, FL 33301
(954) 713-1284
COUNSEL FOR PETITIONER
STATE RESPONSE ON PETITION FOR HABEAS 2003 - Angel Diaz
http://www.angel-diaz.us/legal/statehabeasresponseMarch2003.htm
http://www.angel-diaz.us/legal/03-234_response.pdf - PDF
IN THE SUPREME COURT OF FLORIDA
CASE NO. SC03-234
ANGEL NIEVES DIAZ,
Petitioner,
vs.
JAMES V. CROSBY, JR., Secretary,
Department of Corrections, State of Florida,
Respondent.
ON PETITION FOR
WRIT OF HABEAS CORPUS
RESPONSE
CHARLES J. CRIST, JR.
Attorney General
Tallahassee, Florida
SANDRA S. JAGGARD
Assistant Attorney General
Florida Bar No. 0012068
Office of the Attorney
General
Rivergate Plaza -- Suite 950
444 Brickell Avenue
Miami, Florida 33131
PH. (305) 377-5441
FAX (305) 377-5655
http://www.angel-diaz.us/legal/03-234_response.pdf - PDF
IN THE SUPREME COURT OF FLORIDA
CASE NO. SC03-234
ANGEL NIEVES DIAZ,
Petitioner,
vs.
JAMES V. CROSBY, JR., Secretary,
Department of Corrections, State of Florida,
Respondent.
ON PETITION FOR
WRIT OF HABEAS CORPUS
RESPONSE
CHARLES J. CRIST, JR.
Attorney General
Tallahassee, Florida
SANDRA S. JAGGARD
Assistant Attorney General
Florida Bar No. 0012068
Office of the Attorney
General
Rivergate Plaza -- Suite 950
444 Brickell Avenue
Miami, Florida 33131
PH. (305) 377-5441
FAX (305) 377-5655
PETITION FOR WRIT OF HABEAS CORPUS 2003 - Angel Diaz
http://www.angel-diaz.us/legal/habeaspetition2003.htm
http://www.angel-diaz.us/legal/03-234_petition.pdf - PDF
IN THE SUPREME COURT OF FLORIDA
CASE NO. SC03-234
ANGEL NIEVES DIAZ,
Petitioner,
v.
JAMES CROSBY,
Secretary, Florida Department of Corrections,
Respondent.
PETITION FOR WRIT OF HABEAS CORPUS
TODD G. SCHER
Special Assistant CCRC
Florida Bar No. 0899641
Law Office of Todd G. Scher, P.L.
555 NE 34th Street, #1510
Miami, Florida 33137
(305) 576-3221
SUZANNE MYERS
Assistant CCRC
Florida Bar No. 0150177
OFFICE OF THE CAPITAL
COLLATERAL REGIONAL COUNSEL
101 N.E. 3RD AVE., SUITE 400
Ft. Lauderdale, FL 33301
(954) 713-1284
COUNSEL FOR PETITIONER
http://www.angel-diaz.us/legal/03-234_petition.pdf - PDF
IN THE SUPREME COURT OF FLORIDA
CASE NO. SC03-234
ANGEL NIEVES DIAZ,
Petitioner,
v.
JAMES CROSBY,
Secretary, Florida Department of Corrections,
Respondent.
PETITION FOR WRIT OF HABEAS CORPUS
TODD G. SCHER
Special Assistant CCRC
Florida Bar No. 0899641
Law Office of Todd G. Scher, P.L.
555 NE 34th Street, #1510
Miami, Florida 33137
(305) 576-3221
SUZANNE MYERS
Assistant CCRC
Florida Bar No. 0150177
OFFICE OF THE CAPITAL
COLLATERAL REGIONAL COUNSEL
101 N.E. 3RD AVE., SUITE 400
Ft. Lauderdale, FL 33301
(954) 713-1284
COUNSEL FOR PETITIONER
Florida Supreme Court opinion June 11, 1998 - Angel Diaz
http://www.angel-diaz.us/legal/FSCopinion1998.htm
http://www.angel-diaz.us/legal/op-74927.pdf - PDF
Page 1 of 6
ANGEL NIEVES DIAZ,
Petitioner,
vs.
RICHARD L. DUGGER, etc.,
Respondent.
________________________
ANGEL NIEVES DIAZ,
Appellant,
vs.
STATE OF FLORIDA,
Appellee.
Nos. 74,927 & 81,584
[June 11, 1998]
PER CURIAM.
http://www.angel-diaz.us/legal/op-74927.pdf - PDF
Page 1 of 6
ANGEL NIEVES DIAZ,
Petitioner,
vs.
RICHARD L. DUGGER, etc.,
Respondent.
________________________
ANGEL NIEVES DIAZ,
Appellant,
vs.
STATE OF FLORIDA,
Appellee.
Nos. 74,927 & 81,584
[June 11, 1998]
PER CURIAM.
REPLY TO STATE’S RESPONSE TO HABEAS January 12, 1987 - Angel Diaz
http://www.angel-diaz.us/legal/habeasreply1987.htm
http://www.angel-diaz.us/legal/74927rep.pdf - PDF
IN THE SUPREME COURT OF FLORIDA
NO. 74,927
ANGEL NIEVES-DIAZ,
Petitioner,
V.
HARRY K. SINGLETARY, JR.,
Secretary, Florida Department of Corrections,
Respondent.
REPLY TO STATE’S RESPONSE TO
PETITION FOR WRIT OF HABEAS CORPUS
GAIL E. ANDERSON
Assistant CCR
Florida Bar No. 0841544
TODD G. SCHER
Assistant CCR
Florida Bar No. 0899641
OFFICE OF THE CAPITAL
COLLATERAL REPRESENTATIVE
Post Office Drawer 5498
Tallahassee, FL 32314-5498
(904) 487-4376
COUNSEL FOR PETITIONER
http://www.angel-diaz.us/legal/74927rep.pdf - PDF
IN THE SUPREME COURT OF FLORIDA
NO. 74,927
ANGEL NIEVES-DIAZ,
Petitioner,
V.
HARRY K. SINGLETARY, JR.,
Secretary, Florida Department of Corrections,
Respondent.
REPLY TO STATE’S RESPONSE TO
PETITION FOR WRIT OF HABEAS CORPUS
GAIL E. ANDERSON
Assistant CCR
Florida Bar No. 0841544
TODD G. SCHER
Assistant CCR
Florida Bar No. 0899641
OFFICE OF THE CAPITAL
COLLATERAL REPRESENTATIVE
Post Office Drawer 5498
Tallahassee, FL 32314-5498
(904) 487-4376
COUNSEL FOR PETITIONER
STATE'S RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS October 4,1996 - Angel Diaz
http://www.angel-diaz.us/legal/statehabeasresponse1996.htm
http://www.angel-diaz.us/legal/74927res.pdf - PDF
IN THE SUPREME COURT OF FLORIDA OCT 1 W96
ANGEL NIEVES DIAZ,
Petitioner,
VS. Case No. 74,927
HARRY K. SINGLETARY, JR.,
Secretary, Florida Department
of Corrections,
Respondent.
/
STATE'S RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS
ROBERT A. BUTTERWORTH
ATTORNEY GENERAL
SARA D. BAGGETT
ASSISTANT ATTORNEY GENERAL
FLA. BAR NO. 0857238
1655 PALM BEACH LAKES BLVD.
SUITE 300
WEST PALM BEACH, FL. 33409
(407) 688-7759
ATTORNEY FOR RESPONDENT
http://www.angel-diaz.us/legal/74927res.pdf - PDF
IN THE SUPREME COURT OF FLORIDA OCT 1 W96
ANGEL NIEVES DIAZ,
Petitioner,
VS. Case No. 74,927
HARRY K. SINGLETARY, JR.,
Secretary, Florida Department
of Corrections,
Respondent.
/
STATE'S RESPONSE TO PETITION FOR WRIT OF HABEAS CORPUS
ROBERT A. BUTTERWORTH
ATTORNEY GENERAL
SARA D. BAGGETT
ASSISTANT ATTORNEY GENERAL
FLA. BAR NO. 0857238
1655 PALM BEACH LAKES BLVD.
SUITE 300
WEST PALM BEACH, FL. 33409
(407) 688-7759
ATTORNEY FOR RESPONDENT
PETITION FOR WRIT OF HABEAS CORPUS July 3, 1996 - Angel Diaz
http://www.angel-diaz.us/legal/habeaspetition1996.htm
http://www.angel-diaz.us/legal/74927pet.pdf - PDF
ANGEL NIEVES-DIAZ,
Petitioner,
V .
HARRY K. SINGLETARY, JR.,
Secretary, Florida Department of Corrections,
Respondent.
CORRECTED
PETITION FOR WRIT OF HABEAS CORPUS
GAIL E. ANDERSON
Assistant CCR
Florida Bar No. 0841544
TODD G. SCHER
Assistant CCR
Florida Bar No. 0899641
OFFICE OF THE CAPITAL
COLLATERAL REPRESENTATIVE
Post Office Drawer 5498
Tallahassee, FL 32314-5498
(904) 487-4376
COUNSEL FOR PETITIONER
http://www.angel-diaz.us/legal/74927pet.pdf - PDF
ANGEL NIEVES-DIAZ,
Petitioner,
V .
HARRY K. SINGLETARY, JR.,
Secretary, Florida Department of Corrections,
Respondent.
CORRECTED
PETITION FOR WRIT OF HABEAS CORPUS
GAIL E. ANDERSON
Assistant CCR
Florida Bar No. 0841544
TODD G. SCHER
Assistant CCR
Florida Bar No. 0899641
OFFICE OF THE CAPITAL
COLLATERAL REPRESENTATIVE
Post Office Drawer 5498
Tallahassee, FL 32314-5498
(904) 487-4376
COUNSEL FOR PETITIONER
Florida Supreme Court opinion October 8, 1987 - Angel Diaz
Florida Supreme Court opinion October 8, 1987
http://www.angel-diaz.us/legal/FSCopinion1987.htm
http://www.angel-diaz.us/legal/op-68493.pdf - PDF
http://www.angel-diaz.us/legal/FSCopinion1987.htm
http://www.angel-diaz.us/legal/op-68493.pdf - PDF
Wednesday, November 15, 2006
DEATH ROW: Death warrant ends 20 years of appeals
BY MARY ELLEN KLAS
meklas@MiamiHerald.com
TALLAHASSEE - Angel Diaz, the convicted murderer and two-time jail-breaker whose 1979 shooting of a Miami barkeep put him on Florida's Death Row, will be executed next month, Gov. Jeb Bush said Tuesday.
A death warrant signed by the governor sets Diaz's death by lethal injection for the week of Dec. 11 through Dec. 20, ending the murderer's 20-year stay on Death Row and 13 legal appeals.
Diaz, 58, was convicted in December 1986 of killing Joseph Nagy, manager of the Velvet Swing, a dicey bar on Southwest Eighth Street, one of the toughest areas of 1979 Miami. He locked several customers into a restroom at gunpoint, leaving no witnesses and no obvious trail.
Police revived the cold case in 1984 when a jailhouse snitch in Boston bragged of being Diaz's accomplice. Angel Toro, who was serving a life sentence for a Boston murder, pleaded guilty to Nagy's murder and received another life sentence.
Diaz, who was believed to have been a leader of a Puerto Rican terrorist gang called Los Macheteros, Spanish for ''machete men,'' was sentenced to 834 years in prison in addition to death for the Velvet Swing killing.
His record includes a life sentence for murder in Puerto Rico, from where he escaped, for killing the director of the prison's drug rehabilitation project. He later escaped from a Connecticut prison and unsuccessfully attempted to break out of the Dade County jail.
''May God have mercy on your soul,'' Dade Circuit Judge Amy Steele Donner said as she imposed the death sentence. ``The court has found that you have total disregard for human life and the welfare of others.''
Diaz attempted several appeals over 20 years and faced one previous death warrant, issued by former Gov. Bob Martinez in 1989. He exhausted his last appeal in December 2005, when the U.S. Supreme Court denied his petition for a court review.
meklas@MiamiHerald.com
TALLAHASSEE - Angel Diaz, the convicted murderer and two-time jail-breaker whose 1979 shooting of a Miami barkeep put him on Florida's Death Row, will be executed next month, Gov. Jeb Bush said Tuesday.
A death warrant signed by the governor sets Diaz's death by lethal injection for the week of Dec. 11 through Dec. 20, ending the murderer's 20-year stay on Death Row and 13 legal appeals.
Diaz, 58, was convicted in December 1986 of killing Joseph Nagy, manager of the Velvet Swing, a dicey bar on Southwest Eighth Street, one of the toughest areas of 1979 Miami. He locked several customers into a restroom at gunpoint, leaving no witnesses and no obvious trail.
Police revived the cold case in 1984 when a jailhouse snitch in Boston bragged of being Diaz's accomplice. Angel Toro, who was serving a life sentence for a Boston murder, pleaded guilty to Nagy's murder and received another life sentence.
Diaz, who was believed to have been a leader of a Puerto Rican terrorist gang called Los Macheteros, Spanish for ''machete men,'' was sentenced to 834 years in prison in addition to death for the Velvet Swing killing.
His record includes a life sentence for murder in Puerto Rico, from where he escaped, for killing the director of the prison's drug rehabilitation project. He later escaped from a Connecticut prison and unsuccessfully attempted to break out of the Dade County jail.
''May God have mercy on your soul,'' Dade Circuit Judge Amy Steele Donner said as she imposed the death sentence. ``The court has found that you have total disregard for human life and the welfare of others.''
Diaz attempted several appeals over 20 years and faced one previous death warrant, issued by former Gov. Bob Martinez in 1989. He exhausted his last appeal in December 2005, when the U.S. Supreme Court denied his petition for a court review.
Supreme Court sets deadlines for Diaz appeals
Associated Press
TALLAHASSEE, Fla. - The Florida Supreme Court ordered that appeals for death row inmate Angel Diaz be expedited Wednesday, a day after Gov. Jeb Bush signed a second death warrant for the convicted killer.
Diaz, who fatally shot a Miami topless club manager during a 1979 robbery, is scheduled to die by lethal injection Dec. 13.
His lawyer, Suzanne Myers Keffer, said he already had a Circuit Court appeal pending in Miami before Bush signed the death warrant Tuesday.
The Supreme Court set a Nov. 22 deadline for resolving that case. Any appeal to the Supreme Court must be filed by Nov. 27.
Diaz is challenging Florida's lethal injection procedure on grounds that it is unconstitutional cruel and unusual punishment. That argument also had been raised by three other death row inmates who were executed in the past two months.
"There is a lot of new information that has not been considered by the Florida Supreme Court," Keffer said.
She is seeking an evidentiary hearing so that information can be presented. The courts refused in the other cases, ruling there is nothing new to warrant such a hearing.
Diaz was convicted of a separate murder in his native Puerto Rico and escaped from prisons there and in Connecticut before being sentenced to death in Florida.
Then-Gov. Bob Martinez signed his first death warrant in 1989, but the Florida Supreme Court granted a stay. He has since appealed to other state and federal courts. The U.S. Supreme Court last year refused to take his case.
TALLAHASSEE, Fla. - The Florida Supreme Court ordered that appeals for death row inmate Angel Diaz be expedited Wednesday, a day after Gov. Jeb Bush signed a second death warrant for the convicted killer.
Diaz, who fatally shot a Miami topless club manager during a 1979 robbery, is scheduled to die by lethal injection Dec. 13.
His lawyer, Suzanne Myers Keffer, said he already had a Circuit Court appeal pending in Miami before Bush signed the death warrant Tuesday.
The Supreme Court set a Nov. 22 deadline for resolving that case. Any appeal to the Supreme Court must be filed by Nov. 27.
Diaz is challenging Florida's lethal injection procedure on grounds that it is unconstitutional cruel and unusual punishment. That argument also had been raised by three other death row inmates who were executed in the past two months.
"There is a lot of new information that has not been considered by the Florida Supreme Court," Keffer said.
She is seeking an evidentiary hearing so that information can be presented. The courts refused in the other cases, ruling there is nothing new to warrant such a hearing.
Diaz was convicted of a separate murder in his native Puerto Rico and escaped from prisons there and in Connecticut before being sentenced to death in Florida.
Then-Gov. Bob Martinez signed his first death warrant in 1989, but the Florida Supreme Court granted a stay. He has since appealed to other state and federal courts. The U.S. Supreme Court last year refused to take his case.
Florida DOC data - Angel Diaz
http://www.floridacapitalcases.state.fl.us/case_updates/101061.doc
http://www.angel-diaz.us/legal/101061.doc
The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.
DIAZ, Angel (H/M)
AKA: Papo, Emilio Baez
DC# 101061
DOB: 08/31/51
Eleventh Judicial Circuit, Dade County Case # 83-18931-B
Sentencing Judge: The Honorable Amy Steele Donner
Attorney, Trial: Robert Lamons – Private
Attorney, Direct Appeal: Helen Ann Hauser – Private
Attorney, Collateral Appeals: Todd Scher – CCRC-S
Date of Offense: 12/29/79
Date of Sentence: 01/24/86
Circumstances of Offense:
On 12/29/79, three Spanish-speaking men robbed the Velvet Swing Lounge in Miami, Florida, and one of the men killed the bar manager. No one actually witnessed the shooting, as a majority of the patrons and employees had been confined to a restroom in the bar. A dancer hiding under the bar did not see who fired the gunshots.
Angel “Sammy” Toro and Angel Diaz were charged with the crime. The third man, known as “Willie,” was never identified.
At trial, an acquaintance of Diaz and Toro testified that on the night of December 29, 1979, Diaz told her that Angel Toro shot a man during a robbery. However, a man who occupied the neighboring cell during Diaz's pre-trial incarceration testified that Diaz indicated that he shot the victim.
At trial, Diaz conducted his own defense, with the aid of counsel.
Codefendant Information
Angel Toro was sentenced to life imprisonment for the crimes.
Additional Information:
Angel Diaz was convicted of Armed Robbery in Puerto Rico and was sentenced to 5-8 years in prison on 11/05/75. While incarcerated and participating in a drug rehabilitation program, Diaz was charged and convicted of Second-Degree Murder and was sentenced to 10-15 years in prison on 09/06/78. On 09/19/79, Diaz escaped from custody and fled to Dade County, Florida.
Trial Summary:
01/25/84 Indicted as follows:
Count I First-Degree Murder
Counts II, IV-VII Armed Robbery
Count III Attempted Armed Robbery
Counts VIII-XIII Kidnapping
Count XIV Possessing a Firearm During a Felony
12/18/85 State nolle prosequied Counts II, VI, XII, and XIII
12/21/85 Jury acquitted on Count V, but returned guilty verdicts on Counts I, III,
IV, VII-XI, and XIV
01/03/86 Jury recommended a death sentence by a vote of 8-4.
01/24/86 Sentenced as follows:
Count I First-Degree Murder – Death
Counts III-IV Armed Robbery – 134 years each (268 total)
Count VII Attempted Armed Robbery – 15 years
Counts VIII-XI Kidnapping – 134 years (536 total)
Count XIV Possessing a Firearm During a Felony –
15 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 68,493
513 So.2d 1045
03/24/86 Appeal filed
10/08/87 FSC affirmed convictions and sentences
11/09/87 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 87-6044
484 U.S. 1079
12/04/87 Petition filed
02/22/88 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 83-18931-B
10/24/89 Motion filed
01/28/93 Circuit Court denied Motion
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 74,927
719 So.2d 865
10/26/89 Petition for Writ of Habeas Corpus filed
06/11/98 FSC denied Petition
10/01/98 Rehearing denied
12/30/98 Mandate issued
Florida Supreme Court – 3.850 Motion Appeal
FSC# 81,584
719 So.2d 865
04/14/93 3.850 Appeal filed
06/11/98 FSC affirmed denial of 3.850 Motion
10/01/98 Rehearing denied
12/30/98 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 98-8323
526 U.S. 1100
03/01/99 Petition filed
05/03/99 USSC denied Petition
U.S. District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 99-3215
11/24/99 Petition filed
02/19/02 Amended Petition filed
01/23/04 USDC denied Petition
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 00-1782
797 So.2d 585
06/20/00 Petition filed
07/05/01 FSC denied Petition
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 03-234
869 So.2d 538
02/11/03 Petition filed
10/28/03 FSC denied Petition
02/26/04 Rehearing denied
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 03-10865
543 U.S. 854
05/26/04 Petition filed
10/04/04 USSC denied Petition
U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal
USCA# 04-12795
402 F.3d 1136
05/28/04 Appeal filed
03/14/05 USCA affirmed denial of Petition
05/23/05 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 05-6800
10/03/05 Petition filed
12/05/05 USSC denied Petition
Death Warrant Information:
08/29/89 Governor Bob Martinez signed a death warrant
10/26/89 FSC granted a stay of execution
Clemency Hearing:
06/23/88 Clemency hearing held (denied).
Factors Contributing to the Delay in Imposition of Sentence:
Two filings have contributed to the delay – the 3.850 Motion that was pending from 10/24/89 – 01/28/93 and the Federal Petition for Writ of Habeas Corpus that was pending from 11/24/99 – 01/23/04. However, the most substantial contribution to the delay arises from the Petition for Writ of Habeas Corpus that was pending from 10/26/89 – 06/11/98 and the 3.850 Appeal that was pending from 04/14/93 – 06/11/98. The disposition of these cases was delayed by complicated legal issues and three separate requests to supplement information contained in Diaz’s initial briefs.
Case Information:
Diaz filed a Direct Appeal with the Florida Supreme Court on 03/24/86, citing the following trial court errors: denial of motion for continuance; excusal of two jurors for cause; security measures that biased the jury against Diaz; allowance of Diaz to proceed pro se; the death penalty is cruel and unusual punishment; failure to instruct the jury on intent; improper finding of the great risk to many persons aggravating circumstance; and disproportionate sentencing due to insufficient evidence and the lighter sentence received by a codefendant. The FSC affirmed Diaz’s convictions and sentences on 10/08/87.
Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/04/87 that was denied on 02/22/88.
Diaz filed a 3.850 Motion with the circuit court on 10/24/89 that was denied on 01/28/93.
Diaz filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/26/89, citing eighteen trial-related issues. Diaz also filed a 3.850 Motion Appeal with the Florida Supreme Court on 04/14/93, citing twenty-five trial-related issues. These cases were consolidated for decision, and the FSC denied the Habeas Petition and affirmed the trial court’s denial of the 3.850 Motion on 06/11/98.
Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/01/99 that was denied on 05/03/99.
Diaz filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District, on 11/24/99 and amended the Petition on 02/19/02. The Petition was denied on 01/23/04.
Diaz filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 06/20/00 that was denied on 07/05/01.
Diaz filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 02/11/03, citing claims raised in Ring v. Arizona. On 10/28/03, the FSC denied the Petition.
Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/26/04 that was denied on 10/04/04.
Diaz filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit, on 05/28/04. On 03/14/05, the USCA affirmed the denial of the Petition.
Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 10/03/05 that was denied on 12/05/05.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
11/05/86 360 ASSAULTS OR ATTEMPT FLORIDA STATE PRISON
09/07/87 30 DISOBEYING ORDER FLORIDA STATE PRISON
03/09/88 0 POSS OF CONTRABAND FLORIDA STATE PRISON
11/28/89 30 DISOBEYING ORDER FLORIDA STATE PRISON
08/12/91 10 DISORDERLY CONDUCT FLORIDA STATE PRISON
04/21/97 0 FIGHTING UNION C. I.
05/04/97 0 POSS OF CONTRABAND UNION C. I.
07/14/97 0 UNARMED ASSAULT UNION C.I.-MED.FAC.
09/24/00 0 DEFACING STATE PROP. UNION C. I.
Report Date: 04/30/03 JFL
Approved: 05/12/03 WS
Updated: 07/05/06 JFL
http://www.angel-diaz.us/legal/101061.doc
The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.
DIAZ, Angel (H/M)
AKA: Papo, Emilio Baez
DC# 101061
DOB: 08/31/51
Eleventh Judicial Circuit, Dade County Case # 83-18931-B
Sentencing Judge: The Honorable Amy Steele Donner
Attorney, Trial: Robert Lamons – Private
Attorney, Direct Appeal: Helen Ann Hauser – Private
Attorney, Collateral Appeals: Todd Scher – CCRC-S
Date of Offense: 12/29/79
Date of Sentence: 01/24/86
Circumstances of Offense:
On 12/29/79, three Spanish-speaking men robbed the Velvet Swing Lounge in Miami, Florida, and one of the men killed the bar manager. No one actually witnessed the shooting, as a majority of the patrons and employees had been confined to a restroom in the bar. A dancer hiding under the bar did not see who fired the gunshots.
Angel “Sammy” Toro and Angel Diaz were charged with the crime. The third man, known as “Willie,” was never identified.
At trial, an acquaintance of Diaz and Toro testified that on the night of December 29, 1979, Diaz told her that Angel Toro shot a man during a robbery. However, a man who occupied the neighboring cell during Diaz's pre-trial incarceration testified that Diaz indicated that he shot the victim.
At trial, Diaz conducted his own defense, with the aid of counsel.
Codefendant Information
Angel Toro was sentenced to life imprisonment for the crimes.
Additional Information:
Angel Diaz was convicted of Armed Robbery in Puerto Rico and was sentenced to 5-8 years in prison on 11/05/75. While incarcerated and participating in a drug rehabilitation program, Diaz was charged and convicted of Second-Degree Murder and was sentenced to 10-15 years in prison on 09/06/78. On 09/19/79, Diaz escaped from custody and fled to Dade County, Florida.
Trial Summary:
01/25/84 Indicted as follows:
Count I First-Degree Murder
Counts II, IV-VII Armed Robbery
Count III Attempted Armed Robbery
Counts VIII-XIII Kidnapping
Count XIV Possessing a Firearm During a Felony
12/18/85 State nolle prosequied Counts II, VI, XII, and XIII
12/21/85 Jury acquitted on Count V, but returned guilty verdicts on Counts I, III,
IV, VII-XI, and XIV
01/03/86 Jury recommended a death sentence by a vote of 8-4.
01/24/86 Sentenced as follows:
Count I First-Degree Murder – Death
Counts III-IV Armed Robbery – 134 years each (268 total)
Count VII Attempted Armed Robbery – 15 years
Counts VIII-XI Kidnapping – 134 years (536 total)
Count XIV Possessing a Firearm During a Felony –
15 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 68,493
513 So.2d 1045
03/24/86 Appeal filed
10/08/87 FSC affirmed convictions and sentences
11/09/87 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 87-6044
484 U.S. 1079
12/04/87 Petition filed
02/22/88 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 83-18931-B
10/24/89 Motion filed
01/28/93 Circuit Court denied Motion
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 74,927
719 So.2d 865
10/26/89 Petition for Writ of Habeas Corpus filed
06/11/98 FSC denied Petition
10/01/98 Rehearing denied
12/30/98 Mandate issued
Florida Supreme Court – 3.850 Motion Appeal
FSC# 81,584
719 So.2d 865
04/14/93 3.850 Appeal filed
06/11/98 FSC affirmed denial of 3.850 Motion
10/01/98 Rehearing denied
12/30/98 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 98-8323
526 U.S. 1100
03/01/99 Petition filed
05/03/99 USSC denied Petition
U.S. District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 99-3215
11/24/99 Petition filed
02/19/02 Amended Petition filed
01/23/04 USDC denied Petition
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 00-1782
797 So.2d 585
06/20/00 Petition filed
07/05/01 FSC denied Petition
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 03-234
869 So.2d 538
02/11/03 Petition filed
10/28/03 FSC denied Petition
02/26/04 Rehearing denied
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 03-10865
543 U.S. 854
05/26/04 Petition filed
10/04/04 USSC denied Petition
U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal
USCA# 04-12795
402 F.3d 1136
05/28/04 Appeal filed
03/14/05 USCA affirmed denial of Petition
05/23/05 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 05-6800
10/03/05 Petition filed
12/05/05 USSC denied Petition
Death Warrant Information:
08/29/89 Governor Bob Martinez signed a death warrant
10/26/89 FSC granted a stay of execution
Clemency Hearing:
06/23/88 Clemency hearing held (denied).
Factors Contributing to the Delay in Imposition of Sentence:
Two filings have contributed to the delay – the 3.850 Motion that was pending from 10/24/89 – 01/28/93 and the Federal Petition for Writ of Habeas Corpus that was pending from 11/24/99 – 01/23/04. However, the most substantial contribution to the delay arises from the Petition for Writ of Habeas Corpus that was pending from 10/26/89 – 06/11/98 and the 3.850 Appeal that was pending from 04/14/93 – 06/11/98. The disposition of these cases was delayed by complicated legal issues and three separate requests to supplement information contained in Diaz’s initial briefs.
Case Information:
Diaz filed a Direct Appeal with the Florida Supreme Court on 03/24/86, citing the following trial court errors: denial of motion for continuance; excusal of two jurors for cause; security measures that biased the jury against Diaz; allowance of Diaz to proceed pro se; the death penalty is cruel and unusual punishment; failure to instruct the jury on intent; improper finding of the great risk to many persons aggravating circumstance; and disproportionate sentencing due to insufficient evidence and the lighter sentence received by a codefendant. The FSC affirmed Diaz’s convictions and sentences on 10/08/87.
Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/04/87 that was denied on 02/22/88.
Diaz filed a 3.850 Motion with the circuit court on 10/24/89 that was denied on 01/28/93.
Diaz filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/26/89, citing eighteen trial-related issues. Diaz also filed a 3.850 Motion Appeal with the Florida Supreme Court on 04/14/93, citing twenty-five trial-related issues. These cases were consolidated for decision, and the FSC denied the Habeas Petition and affirmed the trial court’s denial of the 3.850 Motion on 06/11/98.
Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/01/99 that was denied on 05/03/99.
Diaz filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District, on 11/24/99 and amended the Petition on 02/19/02. The Petition was denied on 01/23/04.
Diaz filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 06/20/00 that was denied on 07/05/01.
Diaz filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 02/11/03, citing claims raised in Ring v. Arizona. On 10/28/03, the FSC denied the Petition.
Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/26/04 that was denied on 10/04/04.
Diaz filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit, on 05/28/04. On 03/14/05, the USCA affirmed the denial of the Petition.
Diaz filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 10/03/05 that was denied on 12/05/05.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
11/05/86 360 ASSAULTS OR ATTEMPT FLORIDA STATE PRISON
09/07/87 30 DISOBEYING ORDER FLORIDA STATE PRISON
03/09/88 0 POSS OF CONTRABAND FLORIDA STATE PRISON
11/28/89 30 DISOBEYING ORDER FLORIDA STATE PRISON
08/12/91 10 DISORDERLY CONDUCT FLORIDA STATE PRISON
04/21/97 0 FIGHTING UNION C. I.
05/04/97 0 POSS OF CONTRABAND UNION C. I.
07/14/97 0 UNARMED ASSAULT UNION C.I.-MED.FAC.
09/24/00 0 DEFACING STATE PROP. UNION C. I.
Report Date: 04/30/03 JFL
Approved: 05/12/03 WS
Updated: 07/05/06 JFL
Florida Supreme Court docket - Angel Diaz
Florida Supreme Court Docket
Case Docket
Case Number: SC03-234 - Closed
ANGEL NIEVES DIAZ vs. JAMES V. CROSBY, JR., ETC.
Date Docketed Description Date Due Filed By Notes
02/11/2003 PETITION-HABEAS CORPUS PT Angel N. Diaz 101061 BY: PT Todd G. Scher 0899641 O&7 W/DISK
02/12/2003 No Fee Required
02/19/2003 ORDER-RESPONSE/REPLY REQUESTED TO PETITION-HABEAS CORPUS
03/26/2003 RESPONSE RS Hon. James V. Crosby, Jr., Etc. CROSBY BY: RS Sandra S. Jaggard 12068 TO PETITION-HABEAS CORPUS (O&7 W/DISK)
04/11/2003 REPLY TO RESPONSE PT Angel N. Diaz 101061 BY: PT Suzanne Myers Keffer 0150177 TO PETITION-HABEAS CORPUS (O&7); 04/14/2003: DISK FILED
04/14/2003 LETTER PT Angel N. Diaz 101061 BY: PT Todd G. Scher 0899641 W/DISK FOR REPLY TO RESPONSE TO PETITION-HABEAS CORPUS
05/06/2003 ORDER-NO REQ SCHED (MISC)
09/11/2003 NOTICE-SUPPLEMENTAL AUTHORITY PT Angel N. Diaz 101061 BY: PT Todd G. Scher 0899641 O&7
10/28/2003 DISP-DENIED Petitioner Angel Nieves Diaz has filed a successive petition for writ of habeas corpus, raising a number of challenges to Florida's death penalty sentencing scheme based on the United States Supreme Court's decision in Ring v. Arizona, 536 U.S. 584 (2002). All of Diaz's claims have been considered by this Court in other cases and decided adversely to him. See Duest v. State, 28 Fla. L. Weekly S501, S506 (Fla. June 26, 2003) (noting rejection of Ring claims in cases involving prior violent felony conviction aggravator); Porter v. Crosby, 840 So. 2d 981, 986 (Fla. 2003) (finding "meritless" claim that aggravating circumstances must be charged in the indictment, submitted to the jury, and individually found by a unanimous jury verdict); Bottoson v. Moore, 833 So. 2d 693, 695 (Fla.) (rejecting claim that Ring created "irreconcilable conflict" with previous decisions in which the United States Supreme Court "reviewed and upheld Florida's capital sentencing statute over the past quarter of a century"), cert. denied, 537 U.S. 1070 (2002). See also Apprendi v. New Jersey, 530 U.s. 466, 490 (2000) ("Other than the fact of a prior confiction, any fact that increases the penalty for a crime beyond the prescribed staturory maximum must be submitted to the jury, and proved beyond a reasonable doubt."); Accordingly, the petition for writ of habeas corpus is hereby denied.
11/07/2003 MAIL RETURNED ORDER DATED 10/28/2003 TO TODD SCHER; 11/10/2003: RE-MAILED TO SAME ADDRESS (CHECKED COURT FILE AND ADDRESS IS CORRECT)
11/12/2003 MOTION-REHEARING PT Angel N. Diaz 101061 BY: PT Todd G. Scher 0899641 O&7 (RC)
02/26/2004 DISP-REHEARING DY (RC)
05/18/2004 ARCHIVES M/R-BOX 1877
05/26/2004 USSC CERTIORARI 03-10865 & PLACED ON THE DOCKET 06/16/2004
10/04/2004 USSC DISP-CERTIORARI DY 03-10865
Case Docket
Case Number: SC03-234 - Closed
ANGEL NIEVES DIAZ vs. JAMES V. CROSBY, JR., ETC.
Date Docketed Description Date Due Filed By Notes
02/11/2003 PETITION-HABEAS CORPUS PT Angel N. Diaz 101061 BY: PT Todd G. Scher 0899641 O&7 W/DISK
02/12/2003 No Fee Required
02/19/2003 ORDER-RESPONSE/REPLY REQUESTED TO PETITION-HABEAS CORPUS
03/26/2003 RESPONSE RS Hon. James V. Crosby, Jr., Etc. CROSBY BY: RS Sandra S. Jaggard 12068 TO PETITION-HABEAS CORPUS (O&7 W/DISK)
04/11/2003 REPLY TO RESPONSE PT Angel N. Diaz 101061 BY: PT Suzanne Myers Keffer 0150177 TO PETITION-HABEAS CORPUS (O&7); 04/14/2003: DISK FILED
04/14/2003 LETTER PT Angel N. Diaz 101061 BY: PT Todd G. Scher 0899641 W/DISK FOR REPLY TO RESPONSE TO PETITION-HABEAS CORPUS
05/06/2003 ORDER-NO REQ SCHED (MISC)
09/11/2003 NOTICE-SUPPLEMENTAL AUTHORITY PT Angel N. Diaz 101061 BY: PT Todd G. Scher 0899641 O&7
10/28/2003 DISP-DENIED Petitioner Angel Nieves Diaz has filed a successive petition for writ of habeas corpus, raising a number of challenges to Florida's death penalty sentencing scheme based on the United States Supreme Court's decision in Ring v. Arizona, 536 U.S. 584 (2002). All of Diaz's claims have been considered by this Court in other cases and decided adversely to him. See Duest v. State, 28 Fla. L. Weekly S501, S506 (Fla. June 26, 2003) (noting rejection of Ring claims in cases involving prior violent felony conviction aggravator); Porter v. Crosby, 840 So. 2d 981, 986 (Fla. 2003) (finding "meritless" claim that aggravating circumstances must be charged in the indictment, submitted to the jury, and individually found by a unanimous jury verdict); Bottoson v. Moore, 833 So. 2d 693, 695 (Fla.) (rejecting claim that Ring created "irreconcilable conflict" with previous decisions in which the United States Supreme Court "reviewed and upheld Florida's capital sentencing statute over the past quarter of a century"), cert. denied, 537 U.S. 1070 (2002). See also Apprendi v. New Jersey, 530 U.s. 466, 490 (2000) ("Other than the fact of a prior confiction, any fact that increases the penalty for a crime beyond the prescribed staturory maximum must be submitted to the jury, and proved beyond a reasonable doubt."); Accordingly, the petition for writ of habeas corpus is hereby denied.
11/07/2003 MAIL RETURNED ORDER DATED 10/28/2003 TO TODD SCHER; 11/10/2003: RE-MAILED TO SAME ADDRESS (CHECKED COURT FILE AND ADDRESS IS CORRECT)
11/12/2003 MOTION-REHEARING PT Angel N. Diaz 101061 BY: PT Todd G. Scher 0899641 O&7 (RC)
02/26/2004 DISP-REHEARING DY (RC)
05/18/2004 ARCHIVES M/R-BOX 1877
05/26/2004 USSC CERTIORARI 03-10865 & PLACED ON THE DOCKET 06/16/2004
10/04/2004 USSC DISP-CERTIORARI DY 03-10865
Bush signs death warrant for 1979 murder - Angel Diaz
Nov 14, 6:50 PM EST
Bush signs death warrant for 1979 murder
http://hosted.ap.org/dynamic/stories/F/FL_DIAZ_EXECUTION_FLOL-?SITE=FLPET&SECTION=HOME&TEMPLATE=state.shtml
TALLAHASSEE, Fla. (AP) -- Gov. Jeb Bush signed a death warrant Tuesday for Angel Diaz, convicted of murdering the manager of a Miami topless bar nearly 27 years ago.
Corrections officials set his execution by lethal injection for Dec. 13 at Florida State Prison in Starke.
Diaz was convicted of fatally shooting Joseph Nagy with a silencer-equipped gun while robbing The Velvet Swing with two accomplices Dec. 22, 1979.
Diaz fired into the air after they entered the bar, authorities said. They then robbed several patrons and locked them in a restrooms. Nagy was shot when he confronted the intruders.
The case remained unsolved until 1983 when Diaz' girlfriend told police he was involved. A victim then identified him from a photo lineup and he was matched to fingerprints found at the scene
Diaz has a long criminal history including a murder conviction and an escape from prison in his native Puerto Rico and another prison escape in Connecticut
He conducted his own defense with a standby lawyer during most of his Florida trial. He was represented by counsel for jury selection and sentencing.
Then-Gov. Bob Martinez signed a death warrant for Diaz in 1989, but the Florida Supreme Court granted him a stay of execution pending further appeals. He has appealed to various state and federal courts since then until the U.S. Supreme Court last year refused to take his case.
A lawyer for Diaz did not immediately return calls left at his home and office.
Bush signs death warrant for 1979 murder
http://hosted.ap.org/dynamic/stories/F/FL_DIAZ_EXECUTION_FLOL-?SITE=FLPET&SECTION=HOME&TEMPLATE=state.shtml
TALLAHASSEE, Fla. (AP) -- Gov. Jeb Bush signed a death warrant Tuesday for Angel Diaz, convicted of murdering the manager of a Miami topless bar nearly 27 years ago.
Corrections officials set his execution by lethal injection for Dec. 13 at Florida State Prison in Starke.
Diaz was convicted of fatally shooting Joseph Nagy with a silencer-equipped gun while robbing The Velvet Swing with two accomplices Dec. 22, 1979.
Diaz fired into the air after they entered the bar, authorities said. They then robbed several patrons and locked them in a restrooms. Nagy was shot when he confronted the intruders.
The case remained unsolved until 1983 when Diaz' girlfriend told police he was involved. A victim then identified him from a photo lineup and he was matched to fingerprints found at the scene
Diaz has a long criminal history including a murder conviction and an escape from prison in his native Puerto Rico and another prison escape in Connecticut
He conducted his own defense with a standby lawyer during most of his Florida trial. He was represented by counsel for jury selection and sentencing.
Then-Gov. Bob Martinez signed a death warrant for Diaz in 1989, but the Florida Supreme Court granted him a stay of execution pending further appeals. He has appealed to various state and federal courts since then until the U.S. Supreme Court last year refused to take his case.
A lawyer for Diaz did not immediately return calls left at his home and office.
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