Allred v. State
55 So. 3d 1267
Fla.2010Background
- Allred was convicted of two counts of first-degree murder for the 2007 deaths of Tiffany Barwick and Michael Ruschak, after pleading guilty with the trial court accepting the pleas.
- At penalty, the State presented aggravation evidence; the defense presented mitigation; Allred waived jury for the penalty phase but later sought to represent himself, which the court deemed not necessary to expedite proceedings.
- Evidence showed Allred purchased a .45 caliber handgun days before the murders, used Barwick’s photo for target practice, and warned the victims he was coming to the house where Barwick and Ruschak were present.
- The murders occurred at Roberts' home; Allred rammed Barwick’s car, forcibly entered, shot multiple victims, and Barwick died in a bathroom after Allred fired repeatedly; 911 tape captured Barwick’s terror.
- Allred gave a confession largely admitting the killings but denying some threats; the medical examiner documented multiple gunshot wounds for both victims with Barwick’s wounds particularly lethal.
- The trial court found CCP and HAC aggravators and, for Barwick’s murder, HAC; mitigation included reactions to the break-up, emotional disturbance (moderate weight), cooperative conduct, and minimal other mitigating factors; death sentences were imposed concurrent with related life sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| CCP applies to both murders? | Allred contends no preplanned design for either murder. | State asserts CCP supported by premeditation, weapon procurement, and warnings. | CCP properly applied to both murders; evidence shows premeditation and planned killing. |
| HAC applies to Barwick's murder? | Barwick’s death was nearly instantaneous; no prolonged torture. | HAC supported by Barwick’s fear and 911-recorded terror. | HAC valid as Barwick suffered terror and mental anguish before death. |
| Sufficiency and weight of mitigation evidence? | Mitigating factors such as emotional disturbance and developmental problems reduce aggravation. | Trial court properly weighed mitigation, with some factors rejected. | Mitigating factors properly weighed; no reversible error in mitigation assessment. |
| Voluntariness of guilty plea and Faretta waiver validity? | Plea and waivers chosen by Allred require scrutiny for voluntariness. | Colloquy showed understanding and voluntary waiver of rights. | Plea and waiver found knowing, intelligent, and voluntary. |
| Are death sentences proportionate? | Double homicide with multiple aggravators may be disproportionate due to domestic dispute claim. | Domestic dispute exception rejected; aggravators and mitigators balance supports death sentences. | Death sentences are proportionate given the totality of circumstances and comparators. |
Key Cases Cited
- Franklin v. State, 965 So.2d 79 (Fla.2007) (defines CCP criteria for cold, calculated, premeditated murder)
- Santos v. State, 591 So.2d 160 (Fla.1991) (domestic dispute not a CCP bar)
- Turner v. State, 37 So.3d 212 (Fla.2010) (rejects domestic dispute exception in CCP analysis)
- Lynch v. State, 841 So.2d 362 (Fla.2003) (recognizes victim perception in HAC assessment)
- Buzia v. State, 926 So.2d 1203 (Fla.2006) (victim's perception of imminent death may last seconds for HAC)
- Aguirre-Jarquin v. State, 9 So.3d 593 (Fla.2009) (illustrates HAC in prolonged terror scenario)