Jack Dempsey Ferrell

Case information

Defendant: Jack Dempsey Ferrell Date of birth: 08/05/40 District/County/Case number: Ninth Judicial Circuit, Orange County; Case # 92-4096 Date of offence: 04/18/92 Date of sentence: 04/21/93 Date of resentence: 06/20/95 Sentencing judge: The Honorable Daniel Dawson

Trial attorney: Michael L. Irwin – Private Attorney Direct appeal attorney: Michael S. Becker – Assistant Public Defender Attorney Collateral appeals attorneys: Robert Strain & Carol Rodriguez – CCRC-M

Timeline

• 04/18/92 — Jack Ferrell and Mary Williams lived together and their relationship included verbal and physical confrontations; neighbors overheard the couple arguing and observed Ferrell enter and exit the apartment several times; Ferrell told a neighbor that he had killed Williams and the cops should be called; Ferrell drove away in his car.
• 04/21/93 — Ferrell was sentenced.
• 05/11/92 — Ferrell was indicted: Count I First-Degree Murder; Count II Possession of a Firearm by a Felon.
• 02/04/93 — Count II was indicted as Possession of a Firearm by a Felon.
• 03/09/93 — The jury returned guilty verdicts on all counts of the indictment.
• 04/21/93 — The jury recommended a death sentence by a vote 10-2.
• 02/16/95 — The Florida Supreme Court affirmed Ferrell’s convictions, vacated his death sentence, and remanded the case to the Circuit Court for a new sentencing order.
• 01/05/96 — After a new sentencing order, Ferrell filed a Direct Appeal with the Florida Supreme Court citing trial-court errors and death-sentence disproportionality; the Florida Supreme Court later affirmed the death sentence.
• 04/11/96 — The Florida Supreme Court affirmed the death sentence.
• 01/02/97 — Ferrell filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 03/17/97 — The U.S. Supreme Court denied the petition.
• 01/21/98 — Ferrell filed a 3.850 Motion with the Circuit Court.
• 06/23/00 — Ferrell amended the 3.850 Motion.
• 05/29/02 — The Circuit Court denied the 3.850 Motion.
• 07/03/02 — Ferrell filed a 3.850 Motion Appeal with the Florida Supreme Court alleging ineffective assistance of counsel.
• 02/10/03 — Ferrell filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court citing Ring, Apprendi, and competency issues.
• 01/24/06 — Ferrell filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, which was pending.
• 06/16/05 — The Florida Supreme Court affirmed the denial of the ineffective-assistance 3.850 motion appeal; and denied the Florida habeas petition.
• 06/20/95 — Ferrell was resentenced (date of resentence).

Background

Jack Ferrell and Mary Williams lived together. Their relationship was marked by verbal and physical confrontations, including Ferrell threatening to kill Williams.

The offence

On 04/18/92, neighbors overheard the couple arguing and observed Ferrell enter and exit the apartment several times. When Ferrell left the apartment the final time, he told one of the neighbors that he had killed Williams and the cops should be called. Ferrell then drove away in his car.

Williams was found on the apartment floor with two gunshot wounds to the head. She died ten days later due to hemorrhaging in the brain.

At the time of Ferrell’s arrest, his breath smelled of alcohol, and he admitted to drinking heavily that day.

Investigation

Neighbors overheard the couple arguing on 04/18/92 and observed Ferrell enter and exit the apartment several times.

Arrest

Ferrell was arrested, and at the time of arrest his breath smelled of alcohol; he admitted to drinking heavily that day.

Trial

Indictment

On 05/11/92, Ferrell was indicted as follows:

• Count I: First-Degree Murder
• Count II: Possession of a Firearm by a Felon

Verdict and recommendation

On 03/09/93, the jury returned guilty verdicts on all counts of the indictment.

The jury recommended a death sentence by a vote 10-2.

Sentencing

On 04/21/93, Ferrell was sentenced as follows:

• Count I (First-Degree Murder): Death
• Count II (Possession of a Firearm by a Felon): 30 years

Ferrell was resentenced on 06/20/95.

Appeals

Direct appeal to the Florida Supreme Court

Ferrell filed a Direct Appeal with the Florida Supreme Court on 04/29/93, citing the following errors:

• admission of evidence of a collateral crime;
• denial of a motion to appoint co-counsel;
• denial of penalty phase jury instructions;
• imposition of a death sentence without making written findings of fact; and
• death sentence based on one aggravating circumstance and seven mitigating circumstances.

The Florida Supreme Court agreed that the court’s failure to document the findings of fact for aggravating and mitigating circumstances in the sentencing order was improper.

On 02/16/95, the Florida Supreme Court affirmed Ferrell’s convictions, vacated his death sentence, and remanded the case to the Circuit Court for a new sentencing order.

After a new sentencing order was issued, Ferrell filed a Direct Appeal with the Florida Supreme Court on 01/05/96, citing the following errors:

• trial court overlooked mitigating mental health testimony; and
• the death sentence was disproportionate compared to other cases with one aggravating circumstance.

On 04/11/96, the Florida Supreme Court affirmed the death sentence.

U.S. Supreme Court petition for certiorari

Ferrell filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/02/97. The petition was denied on 03/17/97.

State collateral proceedings (3.850)

Ferrell filed a 3.850 Motion with the Circuit Court on 01/21/98 and amended the Motion on 06/23/00. On 05/29/02, the Circuit Court denied the Motion.

Ferrell filed a 3.850 Motion Appeal with the Florida Supreme Court on 07/03/02, alleging ineffective assistance of counsel. On 06/16/05, the Florida Supreme Court affirmed the denial of the motion.

State habeas corpus

Ferrell filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 02/10/03, citing Ring, Apprendi, and competency issues. On 06/16/05, the Florida Supreme Court denied the petition.

Federal habeas corpus

Ferrell filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 01/24/06 that was pending.

Other details

Prior incarceration history

Prior to the capital case, Ferrell was convicted and sentenced to fifteen years imprisonment for Second-Degree Murder in 1982. He was released in 1987.