& SC16-183 William A. Gregory v. State of Florida and William A. Gregory v. Julie L. Jones, etc.
224 So. 3d 719
Fla.2017Background
- William A. Gregory was convicted of two counts of first-degree murder (Skyler Meekins and Daniel Dyer) and sentenced to death after a jury found him guilty and recommended death by a 7–5 vote.
- Key trial evidence: Gregory’s fingerprints on the shotgun used, jailhouse informant testimony (including inculpatory statements by Gregory), recorded jail phone calls showing possessiveness/contacts with the victim’s family, and witness testimony placing Gregory near the scene.
- Trial counsel presented some family witnesses and mitigation; declined to introduce certain photographs, jail calls, and a potentially volatile witness (Sherri Meekins) as strategic choices.
- Gregory filed a Rule 3.851 postconviction motion raising multiple ineffective-assistance-of-counsel claims (guilt and penalty phases) and later filed a successive motion based on a recantation affidavit by a State witness (Giovine).
- The postconviction court held evidentiary hearings on several claims, denied relief on all guilt-phase ineffective-assistance claims and denied the newly discovered evidence motion without an evidentiary hearing; this appeal followed.
- The Florida Supreme Court affirmed denial of guilt-phase claims and the newly discovered evidence claim, granted relief under Hurst/Mosley for the penalty phase, vacated Gregory’s death sentences, and remanded for a new penalty-phase proceeding.
Issues
| Issue | Gregory’s Argument | State’s Argument | Held |
|---|---|---|---|
| 1. Guilt‑phase IAC for failing to rebut jealousy theory | Counsel failed to introduce photos, calls, and testimony showing ongoing relationship, which would rebut motive | Counsel made a reasonable strategic choice to avoid victim‑impact inference; evidence would be cumulative or harmful | Denied — counsel’s strategic decision reasonable; no Strickland prejudice |
| 2. Guilt‑phase IAC for not calling Sherri Meekins | Trial counsel should have called Meekins, who had testimony undermining State’s theory | Meekins was a “loose cannon”; her testimony could be harmful and counsel reasonably declined | Denied — reasonable strategic decision; no prejudice |
| 3. Guilt‑phase IAC for failing to further impeach jailhouse witnesses (Giovine, Graves) | Counsel should have used prior inconsistent statements to more strongly impeach informants | Counsel thoroughly cross‑examined and impeached them; further impeachment would not change outcome | Denied — no deficiency shown and no prejudice |
| 4. Guilt‑phase IAC for not objecting to a transcription error in a jail call | Failure to correct a transcription (“fer” vs “fing”) prejudiced jury | Transcript was demonstrative only; audio controlled; error not shown to be material | Denied — not deficient; no prejudice |
| 5. Newly discovered evidence (Giovine recantation) | Giovine’s recantation would undermine informant testimony and likely produce acquittal or lesser sentence | Other corroborating evidence is overwhelming; recantation would not change verdict | Denied — recantation would not probably lead to acquittal or lesser sentence |
| 6. Hurst (jury factfinding/unanimity) | Jury recommendation was nonunanimous (7–5); Hurst requires unanimous jury findings for death | State: Hurst error may be harmless if record shows unanimous findings beyond reasonable doubt | Granted relief on Hurst grounds — Hurst/Mosley error not harmless; vacate death sentences and remand for new penalty phase |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishing performance and prejudice standard for ineffective assistance of counsel)
- Hurst v. State, 202 So.3d 40 (Fla. 2016) (requiring unanimous jury findings for death‑eligibility and unanimity on sufficiency/outweighing before judge may impose death)
- Mosley v. State, 209 So.3d 1248 (Fla. 2016) (Hurst retroactivity holdings and related analysis)
- Ring v. Arizona, 536 U.S. 584 (2002) (jury must find aggravating facts that increase maximum punishment)
- Spencer v. State, 615 So.2d 688 (Fla. 1993) (procedures for penalty‑phase evidentiary hearing)
- Simmons v. State, 105 So.3d 475 (Fla. 2012) (appellate counsel not required to raise every preserved issue)
- Cronic, 466 U.S. 648 (ineffective assistance structural‑error framework)