Joel Dale Wright

Case summary

Joel Dale Wright was sentenced to death on September 23, 1983 after a jury convicted him of first-degree murder, sexual battery, burglary of a dwelling, and second-degree grand theft in a case involving the death of 75-year-old Lima Smith.

On February 6, 1983, the body of 75-year-old Lima Smith was discovered in the bedroom of her home. Smith’s body was found by her brother, who became worried when she failed to answer the door. Smith had been stabbed multiple times in her face and neck and had been sexually assaulted.

A witness for the State, Charles Westberry, testified that on the morning of February 6, 1983, Wright came to Westberry’s home and confessed to killing Smith. Wright acknowledged that he entered her home through an open window with the intention of stealing money from her purse. Wright admitted to killing her because she saw him in the hallway and could identify him. Wright indicated that he did not want to go back to prison. Wright then asked Westberry to provide an alibi for him.

Several weeks later, when Westberry informed his wife of the circumstances, she notified the police. Police reports indicated that Wright’s fingerprint was lifted from inside Smith’s home. Evidence was also introduced that Wright had burglarized Smith’s home on a previous occasion, having gained access to the house through an open window.

The offence

The trial proceeded on counts including first-degree murder, sexual battery, burglary of a dwelling, and second-degree grand theft.

Wright admitted entering Smith’s home through an open window with the intention of stealing money from her purse, and he admitted killing her because she saw him in the hallway and could identify him.

Investigation

Charles Westberry testified about Wright’s confession to killing Smith and Wright’s request for an alibi. After Westberry told his wife about Wright’s confession, she notified the police.

Evidence was introduced that Wright had burglarized Smith’s home on a previous occasion by gaining access through an open window.

Trial

Indictment and charges

On April 22, 1983, the defendant was indicted on the following charges:

• Count I: First-Degree Murder
• Count II: Sexual Battery
• Count III: Burglary of a Dwelling
• Count IV: Second-Degree Grand Theft

Verdict

On September 1, 1983, the jury found the defendant guilty of all counts charged in the indictment.

Advisory sentencing

On September 2, 1983, upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the imposition of the death penalty.

Sentencing

On September 23, 1983, the defendant was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Sexual Battery — 99 years
• Count III: Burglary of a Dwelling — 15 years
• Count IV: Second-Degree Grand Theft — 5 years

Appeals

Direct appeal to the Florida Supreme Court

On October 17, 1983, Wright filed a direct appeal in the Florida Supreme Court. He argued that the trial court erred by refusing to allow the proffered testimony of witness Kathy Waters.

Wright’s proffered witness Kathy Waters had followed the events of the trial and read about the case in the newspaper. Prior to final arguments, Waters came forward with testimony indicating that on the night of the murder she saw a man fitting the description of the appellant walking along Highway 19 in the opposite direction of the victim’s home. Waters also offered proffered testimony that she saw three unfamiliar men “congregated” near the victim’s house. The State argued that allowing such evidence would violate the rule of sequestration.

The Florida Supreme Court noted that:

“the trial judge erred in failing to exercise his discretion to determine whether exclusion was warranted under the circumstances, and, instead, applied the sequestration rule as a strict rule of law.”

The Florida Supreme Court found the error to be harmless because the admittance of the evidence would have not changed the verdict.

Wright also argued that the trial court erred in allowing evidence of a prior crime and in its application of the “avoid arrest” aggravating factor. Wright contended that the consideration and application of the cold, calculated and premeditated (CCP) aggravating factor was an error.

The Florida Supreme Court agreed that the CCP factor was not proven beyond a reasonable doubt. In light of the other aggravating factors and the limited mitigating circumstances, the Florida Supreme Court affirmed the convictions and the sentence of death on July 3, 1985.

United States Supreme Court petition and denial

Wright filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on January 21, 1986.

3.850 Motion and subsequent Florida Supreme Court appeal

Wright filed a 3.850 Motion in the State Circuit Court. The motion was denied on June 8, 1989, and Wright then appealed in the Florida Supreme Court.

On May 9, 1991, the Florida Supreme Court remanded the case to the State Circuit Court for an evidentiary hearing on Wright’s claim that his “public defender’s service as a special deputy sheriff affected his ability to provide effective legal assistance.”

Following an evidentiary hearing, the State Circuit Court again denied all relief. Wright appealed that decision in the Florida Supreme Court, which affirmed on July 3, 2003.

Petition for Writ of Habeas Corpus

On December 31, 2001, Wright filed a Petition for Writ of Habeas Corpus, which was denied on July 3, 2003.

United States Supreme Court certiorari petition and denial

On January 8, 2004, Wright filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on March 29, 2004.

3.851 Motion and denial

Wright filed a 3.851 Motion in the State Circuit Court on August 6, 2004.

Wright raised two claims in his 3.851 Motion:

1. His first claim was that affidavits submitted by two individuals are Brady material or are newly discovered evidence. The court found them to be neither.
2. His second claim was a request for testing of certain biological evidence collected at the scene of the crime. The circuit court denied Wright’s second claim.

The motion was denied on March 23, 2006.

Other details

• Name: Joel Dale Wright
• Date of birth: 08/28/57
• Offence date: 02/06/83
• Date of sentence: 09/23/83
• Seventh Judicial Circuit, Putnam County
• Case #83-376
• Sentencing judge: The Honorable Robert R. Perry
• Trial attorney: Howard Pearl — Assistant Public Defender
• Direct appeal attorney: Larry Henderson — Assistant Public Defender
• Collateral appeals attorneys: Martin McClain & John Abatecola — CCRC-S
• Prior to the murder admission and confession: Wright acknowledged an intention to steal money from Smith’s purse.
• Fingerprint evidence: Wright’s fingerprint was lifted from inside Smith’s home.
• Previous burglary evidence: Evidence was introduced that Wright had burglarized Smith’s home on a previous occasion by gaining access through an open window.
• Victim: 75-year-old Lima Smith
• Victim discovery: Smith’s body was found in the bedroom of her home by her brother.
• Highway referenced in proffered testimony: Highway 19
• Victim family relationship: Smith’s brother discovered the body.