FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF
Appeal from the Circuit Court in and for Lake County, Don F.
Briggs, Chief Judge - Case No. 352006CF002795BXXXXX And an
Original Proceeding - Habeas Corpus
Andrew Shakoor, Assistant Capital Collateral Regional
Counsel, Middle Region, Temple Terrace, Florida, for
Jo Bondi, Attorney General, Tallahassee, Florida; and Tayo
Popoola, Assistant Attorney General, Daytona Beach, Florida,
Jermaine Hall appeals the denial of his postconviction motion
filed under Florida Rule of Criminal Procedure 3.851 and
petitions this Court for a writ of habeas corpus. As
explained below, we affirm the denial of his postconviction
guilt phase claims, deny his habeas guilt phase claims, but
vacate his death sentence, and remand for a new penalty
was convicted and sentenced to death for the 2006 murder of
Anthony Bernard Blunt. On direct appeal, this Court described
the background of this case as follows:
The evidence at trial revealed that on September 8, 2006,
22-year-old Hall learned that his girlfriend, 18-year-old
Angel Glenn, had been hired to dance and strip at a house
party that night. Angel had been told she would make a lot of
money for dancing, and Hall told Angel that he planned to rob
the attendees of the party. Hall, along with his twin
brother, Dante, and acquaintances Shoo-Shoo and Pig, followed
Angel and her two fellow dancers from Orlando to the party in
Eustis. At the party, several men were present, drinking
alcohol, smoking marijuana, and using ecstasy. The girls
entered the house, went into a back room, took ecstasy pills,
and began changing clothes. Hall stayed in communication with
Angel via cell phone while she was in the room, asking her
how many men were in the house, whether there were guns in
the house, and when the party would begin. After some delay,
music began playing and the girls began dancing and
Within approximately five or ten minutes, Hall entered the
house, carrying an assault rifle and saying he was going to
"make this choppa dance." Hall was followed by
Dante, Shoo-Shoo, and Pig, and all four men were wearing dark
clothing and had their faces partially covered. They were
carrying handguns and assault rifles. The attendees of the
party, as well as the three dancers, gathered in the living
The intruders started shooting, and the lights went out. The
gunmen demanded money and told the partygoers to get down on
the ground, and the partygoers began taking off their jewelry
and handing it to the gunmen. The seized items included gold
chains, bracelets, watches, and a Gucci bag containing about
$1500 in cash.
Eyewitness testimony established that Hall was the first to
fire a gun and that Hall did most of the talking. In order to
stop the shooting and distract the gunmen, partygoer Keson
Evans stated that there was a box of money in the back room.
Hall went to the back room but found the door locked; he
returned to the living room and fired his gun again, fatally
shooting Evans in the head.
The four gunmen were in the house for ten minutes or less.
During that time, Willie "Jay" Shelton, William
Robinson, Joshua Daniel, Keson Evans, and Anthony Blunt were
each shot. Daniel was the first to be shot, and he suffered
several gunshot wounds to his hands, thighs, abdomen, and
torso. Later, after being rushed to the hospital, Daniel
spent eighteen hours in surgery to remove the bullets and
treat his approximately twenty entrance and exit wounds,
which were very severe but ultimately nonfatal. Shelton was
shot once in the stomach and once in the forearm. His
injuries caused him to be hospitalized for two years.
Robinson was shot in the stomach and in the shoulder. Blunt
was fatally shot in his chest, right thigh, and left hand.
Evans was shot in the face and the right thigh and died as a
The gunmen fled the house immediately after Evans was shot.
The three women then left the house together with Angel
driving them back to Orlando. Hall called Angel, asking her
whether the women were okay and telling them to calm down.
Hall and Angel arranged to meet at a gas station on a major
road leading from Eustis back to Orlando. At the gas station,
Hall got out of Dante's car and into Angel's car,
carrying a gun and stolen property from the robbery. During
the car ride, Hall stated that he was angry because he did
not get enough money and the robbery did not go as he had
planned. Angel dropped Hall off at his mother's house,
where he was living at the time.
The next morning, Angel went to Hall's mother's house
to see him at his request. Twin brother Dante and Hall's
mother were also home. Dante was pulling jewelry from the
robbery out of a Gucci bag, and the twins discussed what they
would do with the jewelry, how much it was worth, and how
they would make money off of it. Hall gave some of the
jewelry to Dante's girlfriend and instructed her to pawn
it. Some of the robbery victims later identified jewelry that
had been pawned, and Angel identified the same jewelry as
jewelry she had seen in Hall's possession at his
mother's house the day after the robbery.
The following day, Dante went to the hotel where Hall, Angel,
and Angel's one-year-old son were staying and discussed
with Hall the logistics of pawning the jewelry from the
robbery. The twin brothers left the hotel together with most
of the jewelry. Hall also gave Angel a few of pieces of
jewelry to pawn, for which she received $1, 000 that she then
gave to Hall. Over the next several days, Hall made phone
calls to Shoo-Shoo and Pig to discuss the jewelry and how the
proceeds would be divided.
Angel was soon arrested for pawning the stolen jewelry and
was in jail for several weeks, during which time she lied to
police about the events of September 9 because she was
frightened for her family's wellbeing. Meanwhile, one of
the other dancers from the party, Nikita Jackson, told police
what had happened the night of the robbery and murders.