SC07-648 – Fred Anderson, Jr. v. State of Florida

State: Florida

Docket No: SC07-648

Case Date: 07/09/2009

Preview:Supreme Court of Florida
________________________ Nos. SC07-648 & SC08-644 ________________________ FRED ANDERSON, JR., Appellant, vs. STATE OF FLORIDA, Appellee.

FRED ANDERSON, JR., Petitioner, vs. WALTER A. MCNEIL, etc., Respondent. [July 9, 2009] PER CURIAM. Fred Anderson, Jr., appeals an order of the circuit court denying his motion to vacate his conviction of first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851. He also petitions this Court for a writ

of habeas corpus.1 For the reasons explained below, we affirm the circuit court`s order denying Anderson`s motion for postconviction relief, and we deny Anderson`s petition for writ of habeas corpus. OVERVIEW Anderson was convicted and sentenced to death for the 1999 murder of Heather Young. During a bank robbery, Anderson shot Young several times and inflicted multiple fatal wounds. Anderson shot a second victim, Marisha Scott, leaving her paralyzed. Anderson was also convicted of grand theft of a firearm, robbery with a firearm, and the attempted first-degree murder of Marisha Scott. We affirmed Anderson`s conviction and sentence on direct appeal, and we set forth detailed facts in that opinion. See Anderson v. State, 863 So. 2d 169 (Fla. 2003). Following an evidentiary hearing, the circuit court denied Anderson`s motion for postconviction relief. Anderson now challenges the circuit court`s postconviction order and raises various claims. He also seeks habeas relief. We begin our opinion by examining the relevant facts of this case. We then turn to the claims raised in Anderson`s 3.851 motion. Finally, we address Anderson`s habeas claims.

1. We have jurisdiction. See art. V,

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