Anthony has appealed his conviction several times. He has been denied all but one time. Circuit Court Judge Claire K. Luten granted Anthony’s Petition for Writ of Habeas Corpus on July 28, 1987. In granting Anthony’s petition, she ordered a new trial within 120 days of the order and that if he did not receive a new trial within that time, he was to be released.. Here is what Judge Luten stated in granting the writ of habeas corpus: "Brooms claims are neither irrational or perverse. To say that the waters of justice in this case was polluted, is simply to view the totality of this case. The totality of the circumstances clearly indicates due process violations, which have jeopardized the search for justice in this case. Whatever personal feelings affected Officer Woodard, whatever noble reasons directed the actions of the state, whatever was being sought by anyone. . . . . . justice was not found."
Unfortunately, the State of Florida appealed Judge Luten’s Order and the COURT OF APPEAL OF FLORIDA, SECOND DISTRICT reversed her Order on March 4, 1988, never addressing the issues, reversing on procedures only. In habeas corpus, procedures are not as important as liberty.
July 21, 2011: Anthony filed a Petition for Writ of Habeas Corpus in the District Court of Appeals (DCA) in the First District of the State of Florida (1st DCA). We will update the Website, as we receive new information on his Petition.
August 31, 2011: the First DCA Per Curiam Denied Anthony's petition for Writ of Habeas Corpus, citing Baker v. State, 878 So.2d.1236 (Fla. 2004). Baker, basically states that a petition for Writ of Habeas Corpus cannot be used as a substitute for a post-conviction motion. However, since Anthony is in prison unlawfully, he is using the correct remedy of filing a Habeas Corpus petition. Since no crime occurred, why should a man be serving time in prison? The arrest affidavit, which is the means by which Anthony was indicted by the grand jury is false, therefore, Anthony has been serving 30+ years in prison for a crime that never happened, all because a police detective falsified an affidavit. A post-conviction motion is filed to attack the judgment and/or the sentence in a case, not the legality of whether or not an individual is unlawfully imprisoned. A Writ of Habeas Corpus, is the correct method for Anthony's appeal, as he is being imprisoned unlawfully. Anthony will not give up hope and did file for a rehearing on September 14, 2011.
November 16, 2011: Anthony will not give up. Please read Anthony's latest Petition for Writ of Habeas Corpus and Petition for all Writs to the Florida Supreme Court, whereby he pleads his case. Will a judge listen this time and free this innocent man?
November 21, 2011: The Supreme Court of Florida denied Anthony's latest petition for relief, whereby he asked the Court to correct the manifest injustice by Ordering the grand jury indictment be dismissed and to release Anthony from his unlawful and illegal imprisonment. Or in the alternative, he asked the court to show cause why relief should not be granted. As you can see in the Denial, it is signed by the Clerk, thereby indicating Anthony's petition was probably never even read by a Judge. Anthony's All Writ/Habeas Corpus is still pending before the Florida Supreme Court. Hopefully Anthony receives better news regarding that appeal.
December 12, 2011: The Florida Supreme Court acknowledged Anthony's "All Writ" filing and the Court agreed to consider it as a Petition for Writ of Habeas Corpus. Please keep Anthony in your thoughts and prayers this holiday season, as this could be what he needs to finally be a free man.
February 21, 2012: On February 21, 2012, Anthony Broom, pro se, filed an Extension to File Belated and Successive Motion for Post-Conviction Relief and a Belated and Successive Motion for Post Conviction Relief. In this motion, Anthony argues the recent ruling of Coicou v. State, 39 So.3d 237 (Fla. June 28, 2010), whereby the Court found "that attempted second-degree murder is not a necessarily lesser-included offense of attempted first-degree felony murder. This is because attempted second-degree murder contains an element, a depraved mind, that is not an element of the greater offense". Anthony was charged with first-degree premeditated murder with a firearm, but was ultimately convicted of second-degree depraved mind murder with a firearm. Under the Coicou ruling, since the charging offense in Anthony's case was first-degree murder, no evidence of a depraved mind was presented at the trial and therefore, Anthony's conviction should be vacated as it is not supported by the evidence that was presented at the trial.
March 21, 2012: The Florida 10th Judicial Circuit Court ordered and Granted Anthony's Motion for Extension and, therefore, will consider his Post-Conviction Relief Motion, in which Anthony argues that the recent decision in Coicou v. State, 39 So.3d 237 (Fla.2010) established a substantial constitutional right that should apply to his case.
April 10, 2012: The Court has decided to deny Anthony's belated and successive motion for post-conviction relief. It is the Court's opinion that Anthony's Coicou argument is not applicable to his case, as Coicou involved the charge of first-degree felony murder, whereas Anthony's original charge was first-degree murder. Anthony has filed a Motion for Rehearing whereby he argues that under Florida law, premeditated murder and felony murder are reciprocal charges of one another and therefore, the decision in Coicou is applicable to his case.
May 3, 2012: The Supreme Court of Florida dismissed Anthony's latest Petition for Writ of Habeas Corpus. Additionally, they've barred Mr. Broom from making any additional pro se filings. As the Order indicates, the Supreme Court issued an Order to Show Cause, which Anthony never responded to, however, Anthony never received the Order to Show Cause. As Anthony shows in his Motion for Rehearing, Anthony never received the Order nor does the jail log show an Order to Show Cause was received by the facility. Hopefully Anthony will win a rehearing and will have his opportunity to show cause for his Writ of Habeas Corpus.
May 18, 2012: The Circuit Court for the Tenth Judicial Circuit in and for Polk County, Florida has denied Anthony's April 24th Motion for Rehearing regarding his Coicou argument and that recent ruling's application to his case. He has filed a Notice of Appeal to the Second District Court of Appeals on June 15, 2012 and a supporting brief.
July 15, 2013: To the United States Court of Appeals Eleventh Circuit. Application for Leave to File a Second or Successive Habeas Corpus Petition 28 U.S.C. 2244(b) by a Prisoner in State Custody.
August 14, 2013: New filing to the State Court in Lafayette County, FL, the county where Anthony is being held. It is a Complaint for Writ of Habeas Corpus, whereby Anthony argues he is being unlawfully held and argues in detail the manifest injustice which occurred in his case and resulted in his wrongful incarceration. Anthony requests that the Court grant the Writ and require the State to show cause without the use of the fraudulently obtained grand jury indictment.
November 1,2013: Anthony's Writ of Habeas Corpus, was transferred from Lafayette County, Florida to Polk County, where it was denied. Anthony's Latest Motion for Rehearing, where he argues that the Habeas should be considered in Lafayette County.
November 14, 2013:Petition for Writ of Prohibition, which was sent in for filing on November 14, 2013. In this Petition, Anthony argues that Polk County should be prohibited from reviewing his Writ of Habeas Corpus, as they do not have jurisdiction, as he is housed in Lafayette County, Florida.
October 17, 2014 - Anthony filed an Original Petition for Writ of Habeas Corpus pursuant to Section 79.09, Florida Statutes, whereby he makes the "Fruit of the Poisonous Tree" argument - "Simply put, probable cause was obtained from fraud on the court perpetrated by State action, causing lack of subject matter jurisdiction, violating constitutional right to due process of law"
November 12, 2014,Anthony appealed, filing a Motion for Rehearing to Original Petition for Writ of Habeas Corpus
July 2, 2015: On July 2, 2015, Anthony filed this Petition for Writ of Habeas Corpus to the 1st District Court of Appeals in Florida. This Petition argues that Mr. Broom is being unlawfully detained and should be released due to the fact that the Assistant State Attorney on his case used evidence known to be false.
