SC05-2265 – Crosley A. Green v. State Of Florida

State: Florida

Docket No: SC05-2265

Case Date: 10/11/2007

Preview:Supreme Court of Florida
____________ No. SC05-2265 ____________ CROSLEY A. GREEN, Appellant/Cross-Appellee, vs. STATE OF FLORIDA, Appellee/Cross-Appellant. ____________ No. SC06-1533 ____________ CROSLEY ALEXANDER GREEN, Petitioner, vs. JAMES R. MCDONOUGH, etc., Respondent. [October 11, 2007] PER CURIAM. Crosley Green appeals an order of the circuit court granting in part and denying in part his motion to vacate his first-degree murder conviction and

sentence of death. He also petitions this Court for a writ of habeas corpus. 1 The State cross-appeals, challenging the trial court's order granting Green a new penalty phase. As explained below, we affirm the trial court's order and deny Green's petition. I. FACTS AND PROCEDURAL HISTORY On direct appeal, we summarized the facts of the crime as follows: Late in the evening of April 3, 1989, Kim Hallock and [Charles] Flynn, whom she had dated, drove to a park in Flynn's pickup truck. They parked near dunes in a wooded area and smoked marijuana. As they smoked, a sheriff's car drove by and shined its spotlight, but did not stop at the truck. After the sheriff's car passed, a man walked in front of the truck and stopped at the driver's door. He warned Hallock and Flynn to watch out for the police, then walked on. A few minutes later, Flynn stepped outside the truck to relieve himself. Hallock testified that she soon heard Flynn say nervously: "Hold on. Wait a minute, man. Hold on. Put it down." She retrieved a gun from the truck's glove compartment and put it under some jeans on the seat next to her. She testified that when she looked outside the truck, she saw the man she had seen earlier. He was now walking around Flynn and carrying a gun. The man ordered Flynn to the ground, then asked if either of them had any money. Hallock gave him five dollars, but Flynn said he had no money. The man then tied Flynn's hands behind his back with shoelaces. While tying Flynn's hands, the man's gun went off but did not injure Flynn. The man pulled Flynn off the ground, found a wallet in his pants, and threw it to Hallock, who counted $185. The man ordered Hallock to start the truck and to move to the center seat. He put Flynn in the passenger seat and started driving. He forced Flynn and Hallock to ride with their heads down and held a 1. We have jurisdiction. See art. V,

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