Tompkins v. Secretary, Department of Corrections

Wayne Tompkins is on Florida’s death row for the sexual battery and murder of a fifteen year old girl more than a quarter of a century ago. Nine years ago we affirmed the district court’s denial of Tompkins’ first 28 U.S.C. § 2254 petition for habeas relief. Tompkins v. Moore, 193 F.3d 1327, 1342 (11th Cir.1999). The facts of the murder, the evidence against Tompkins, and some of the long procedural history of the case can be found in our earlier opinion and in Tompkins v. State, 994 So.2d 1072 (Fla.2008), and Tompkins v. State, 502 So.2d 415 (Fla.1986).

On November 4, 2008, Tompkins filed…