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Information on Allen’s Case

March 20, 2013


On 08/28/00, Allen Cox filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the trial court erred in failing to declare a mistrial following a discovery violation by the State and a testimonial violation of an order in limine. The Florida Supreme Court noted that, although a discovery violation did occur, it was inadvertent and did not prejudice Cox’s case and that the trial court gave the proper curative instruction following the violation of the order in limine. Cox claimed that the prosecutor’s misstatements of the law constituted fundamental error and that the trial court erred in the consideration and application of aggravating and mitigating circumstances. The Florida Supreme Court affirmed Cox’s conviction and sentence of death on 05/23/02.

Cox next filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied 01/13/03.

Cox filed a 3.850 Motion in the State Circuit Court on 01/08/04 that was denied on 04/21/05.

Cox filed a 3.851 Motion Appeal in the Florida Supreme Court on 05/23/05. On 07/05/07, the FSC affirmed the denial of the motion. A Mandate was issued on 10/11/07.

Cox filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 01/17/06 that was denied on 07/05/07. On 10/11/07, a Mandate was issued.

On 10/02/07, Cox filed a Successive Motion for Postconviction Relief in the State Circuit Court that was denied on 03/24/08.

Cox filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District on 10/17/07. This petition was denied on 04/08/09. Cox filed a Certificate of Appealability on 05/0709, and it was denied on 06/05/09.

On 05/12/08, Cox filed a 3.850 Motion Appeal in the Florida Supreme Court. This petition was denied on 03/12/09.

On 05/19/09, Cox filed a Habeas Appeal in the United States Court of Appeals. The USCA remanded the Certificate of Appealability back to the United States District Court, Middle District on 08/09/10.

Other information on this case : http://www.floridacapitalcases.state.fl.us/case_updates/Htm/188854.htm

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