Billy Jim Sheppard, Jr. v. State of Florida
151 So. 3d 1154
Fla.2014Background
- Sheppard was convicted and sentenced to death for the July 20, 2008 first‑degree murder of Monquell Wimberly in Jacksonville, Florida.
- He was also convicted of the first‑degree felony murder of Patrick Stafford (earlier that day) for which he was sentenced to life imprisonment.
- A stolen car used in the Wimberly shooting was driven away from a Prime Stop by Sheppard and a codefendant after the carjacking at gunpoint.
- Witnesses placed Sheppard at the Hollybrook Apartments where Wimberly was shot; ballistics linked the gun that fired Stafford’s bullets to the Wimberly killing.
- Ballistics evidence showed two bullets from Stafford and three from Wimberly fired from the same gun; a separate gun fired shell casings at Stafford’s scene.
- The defense presented mitigations at penalty, but the court imposed death for Wimberly and life for Stafford; the State presented evidence of prior violent felonies and a juvenile conviction; the defense argued substantial mitigation.
- During guilt and penalty phases, the State introduced witness testimony, including a jailhouse confession by Sheppard to Roberts and eyewitness testimony identifying Sheppard with the car and the shooting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of the redacted videotape of interrogation | Sheppard asserts fundamental error due to detectives' statements implying guilt | Sheppard contends the officers’ comments biased the jury | No fundamental error; admissions proper under evidence rules and did not vitiate trial |
| Out‑of‑court statement by codefendant Evans to Powell | Evans’ directive to Powell to tell Sheppard to 'get rid of the package' is hearsay | The statement was not offered for truth and Bruton is not violated; if hearsay, harmless | Harmless beyond a reasonable doubt; Bruton not violated and evidence supported guilt independent of the statement |
| Testimony about the shooter's fear by Barrett | Fear testimony inflames the jury and implies defendant’s propensity for violence | Explanation of witness credibility; not a wrongful Golden Rule argument | Not fundamental error; harmless beyond reasonable doubt |
| Juror impropriety and premature deliberations | Alternate juror discussed verdict with a juror; potential prejudice requiring juror interviews | No preservation; no evidence of multi‑juror premature deliberation | No fundamental error; no reversible juror misconduct based on the record |
| Proportionality of the death sentence; sufficiency of evidence | Single aggravator with substantial mitigation makes death disproportionate | Bevel/Jones framework supports death given the weight of the single aggravator and limited mitigating impact | Death sentence proportionate; substantial evidence supported guilt and appropriate weighing under precedent |
Key Cases Cited
- Harrell v. State, 894 So.2d 935 (Fla.2005) (fundamental error standard and harm to trial integrity)
- Ray v. State, 403 So.2d 956 (Fla.1981) (foundation of the case and admissibility concerns)
- Brown v. State, 124 So.2d 481 (Fla.1960) (procedural fairness and evidentiary limits)
- Jackson v. State, 107 So.3d 328 (Fla.2012) (officer’s repeated opinions; fundamental error analysis contrasted)
- DiGuilio v. State, 491 So.2d 1129 (Fla.1986) (harmless error standard for evidentiary claims)
- Martinez v. State, 761 So.2d 1074 (Fla.2000) (policies on officer testimony and prejudice)
- Reaves v. State, 826 So.2d 932 (Fla.2002) (premature deliberations and juror interviews)
- Berry v. State, 298 So.2d 491 (Fla.1974) (privacy of jury deliberations and alternate juror)
- Bevel v. State, 983 So.2d 505 (Fla.2008) (proportionality in single‑aggravator cases with weighty aggravation)
- Jones v. State, 705 So.2d 1364 (Fla.1998) (death not indicated in substantial mitigation in single aggravator)
- Almeida v. State, 748 So.2d 922 (Fla.1999) (death not indicated where substantial mitigation exists)
- LaMarca v. State, 785 So.2d 1209 (Fla.2001) (proportionality with prior violent felonies)
- Ferrell v. State, 680 So.2d 390 (Fla.1996) (proportionality with prior violent felony and mitigation)