Dana Franklin
Bedford,TX
Overview
2
2
years of professional experience
Work History
Assistant Capital Collateral Regional Counsel- Middle
Law Office of the Capital Collateral Regional Counsel- Middle Region
Testing Assistant
Tarrant County College
Hurst, TX
10.2022 - Current
- Provided clear and concise test reports, enabling informed decision-making for stakeholders.
- Collaborated with team members to identify potential areas of improvement within testing processes.
- Assisted with the development of customized tests based on client requirements, resulting in increased customer satisfaction rates.
- Enhanced testing efficiency by implementing streamlined processes and procedures.
Education
Counseling -
University of North Texas
Denton, TXSkills
Microsoft office
Lower Tribunal Case Number
051990CFO16062AXXXXX
Petitioner
Chadwick Willacy
Respondent
State of Florida
Petitioner Counsel
Michael R. Hope, Assistant Capital Collateral Regional Counsel- Middle, 12973 N. Telecom Parkway, Temple Terrace, Florida, 33637, (813)588-1600, hope@ccmr.state.fl.us, support@ccmr.state.fl.us
Filing Number
163308948
Filing Date
12/19/22
Filing Time
02:24:01 PM
Received Date
12/19/22
Received Time
02:24:22 PM
Procedural History
- Mr. Willacy was indicted for first degree premeditated murder, burglary, robbery, and arson for the murder of his neighbor In 1990. He was convicted as charged in 1991 and sentenced to death. Willacy learned, after trial but before the automatic Supreme Court appeal was heard, that the jury foreman, a man named Clark, had previously been charged with grand theft in the same circuit. His case had been handled by the same prosecutor who had prosecuted Willacy. He had been approved to enter the pre-trial intervention program four days before voir dire began in Willacy's trial (although Clark didn't sign the agreement to enter the program until after trial). Willacy filed a motion for new trial based on these facts, but was denied after the court found that the prosecutor had informed defense counsel of the facts during trial (which defense counsel denied).
- On direct appeal, Willacy again raised the issue of Clark's eligibility, alleging that Clark was statutorily ineligible to serve as he was under prosecution for a felony and had not yet signed the agreement to enter a diversion program until after the trial. The prosecution countered that Clark was eligible, as he had been approved for the program before trial, and that Willacy's counsel had waived the issue by failing to object to Clark during trial. The Florida Supreme Court affirmed Willacy's convictions, but remanded the case for resentencing over another matter. Regarding the PTI issue, this Court held that "[s]ince Clark was not under prosecution, Willacy's motion for a new trial was properly denied. Moreover, during the trial the State informed Willacy's counsel of Clark's status and his counsel voiced no objection. "By failing to make a timely objection, Willacy waived the claim he now seeks to assert. We affirm the trial court's decision." Willacy v. State, 640 So.2d 1079 (Fla. 1994), at 1083. At resentencing, Willacy was again sentenced to death.
- In 1998, Willacy filed a motion to vacate judgment and sentence under Florida Rule of Criminal Procedure 3.851, and again raised the issue of Clark's eligibility to serve. His claim that he was denied a fair trial due to the State's failure to inform the court of Clark's statutory ineligibility was summarily denied. His other claims, that trial counsel was ineffective for waiving an independent counsel to litigate the facts regarding Clark's pending charges, failing to fully present all aspects of the pretrial intervention program, and failing to object to Clark's alleged inability to serve as a juror, were also denied.
- Willacy subsequently filed a petition for writ of habeas corpus in 2004 in the Florida Supreme Court, alleging (among other things) that he was denied a fair trial by having Clark sit on his jury. The Court found the claim without merit, as it had already ruled that Clark was eligible to sit as a juror.
- Willacy then filed a petition for a habeas corpus writ in the federal district court, alleging (among other things) that Clark was ineligible to sit as a juror. The federal district court denied relief, and Willacy's subsequent appeal to the Eleventh Circuit Court of Appeals (which granted a certification of appealability on the Clark issue) later affirmed the denial of relief.
- Willacy again filed a petition for writ of habeas corpus with the Florida Supreme Court, alleging (among other things) that the state's acceptance of juror Clark (who was white) indicated their racial motivation in challenging another juror (who was black). The Florida Supreme Court denied this petition, as well.
- Willacy subsequently filed three more petitions for writs of habeas corpus before the Florida Supreme Court, alleging deficient performance of counsel under authority of the U.S. Supreme Court's decision in Porter v. McCollum 558 U.S. 30. 130 S.Ct. 447, 175 L.Ed. 2d 398 (2009), seeking resentencing under the decision in Hurst v. Florida, 577 U.S. 92, 136 S.Ct. 816 (2016), and seeking a new trial under the U.S. Supreme Court's holding in Flowers v. Mississippi, 139 S.Ct. 2228, 204 L.Ed. 2d 638 (2019). All three petitions were denied.
Counsel Statement
Willacy again seeks to file a petition for a habeas writ for the Clark claim, alleging that his trial counsel was ineffective for failing to strike an "impliedly bias" (sic) juror (Clark) at voir dire who had not revealed his prior arrest and "working relationship" with the prosecution, and for "fail[ing] to raise the issue of Prosecutorial Misconduct where the prosecution was aware of the possible bias with said juror and failed to reveal his knowledge of this to the court at the appropriate time…" All Writs Petition to Invoke This Court's Supervisory Authority Pursuant to Section 27.711(12) Florida Statute to Monitor the Performance of Assigned Capital Collateral Regional Counsel-Middle and Registry Counsel to Ensure Quality Representation, pro se filing dated November 29th, 2022, at pg. 3.
Counsel
- Michael R. Hope, Assistant CCRC-M, 975427, hope@ccmr.state.fl.us
- Ann Marie Mirialakis, Assistant CCRC-M, 658308, Mirialakis@ccmr.state.fl.us
Law Office
Law Office of the Capital Collateral Regional Counsel-Middle Region, 12973 N Telecom Parkway, Temple Terrace, FL, 33637, 813-558-1600, 813-558-1601
Certificate Of Compliance
Bookman Old Style, 14-point, Fla. R. App. P. 9.045(b)
Certificate Of Service
Lisa-Marie Lerner, Assistant Attorney General, Florida Courts E-filing Portal, Chadwick Willacy, Union Correctional Institution, State Prison, P.O. Box 1000, Raiford, Florida 32083, 12/19/22
Case Number
SC22-1653
Timeline
Testing Assistant
Tarrant County College
10.2022 - Current
Assistant Capital Collateral Regional Counsel- Middle
Law Office of the Capital Collateral Regional Counsel- Middle Region
Counseling -
University of North Texas