The Commission on Capital Cases updates this information regularly.  This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes. 

 

DERRICK, Samuel (W/M)

DC#     097494

DOB:   04/05/67

 

Sixth Judicial Circuit, Pasco County Case # 87-1775

Sentencing Judge: The Honorable Edward H. Bergstrom, Jr.

Attorney, Trial: Robert S. McClure & Stephen Dehnart – Assistant Public Defender

Attorney, Direct Appeal: Robert F. Moeller – Assistant Public Defender

Attorney, Collateral Appeals:  Harry Brody – Registry

 

Date of Offense:           06/24/87

Date of Sentence:         07/25/88

Date of Resentence:      12/11/91

 

Circumstances of Offense:

 

On 06/25/87, at 6:30 a.m., a passerby, Harry Lee, found Rama Sharma’s body on a path in the woods near Sharma’s convenience store in Pasco County.  A trail of blood led from the body to a blood puddle twenty feet away.  A piece of a t-shirt and two sets of tennis shoe prints, one of which belonged to Lee, were found near the body.  Evidence showed that Sharma was stabbed thirty-one times and died approximately ten to fifteen minutes after the last wound was inflicted. 

 

Samuel Derrick was implicated in the murder by his friend, David Lowry, who testified at trial that Derrick told him that he killed Sharma.  After arrest, Derrick confessed to the murder, stating that he intended to rob the store and jumped Sharma as he left the store.  When Sharma turned to run back to the store, Derrick grabbed him.  Sharma recognized Derrick and started screaming, and Derrick admitted stabbing Sharma “to shut him up.”  Derrick tore off a piece of his shirt that had blood on it and took $360 from Sharma’s pocket. Derrick disposed of the knife in the woods and some clothing and shoes in a pond. 

 

Trial Summary:

 

07/14/87          Indicted as follows:

                                    Count I:           First- Degree Murder

05/12/88          Jury returned a guilty verdict

05/13/88          Jury recommended a death sentence by a vote of 8-4

07/25/88          Sentenced as follows:

                                    Count I:           Fist-Degree Murder – Death

12/11/91          Jury recommended a death sentence by a vote of 7-5

12/11/91                      Sentenced as follows:

                                    Count I:           First-Degree Murder – Death                        

 

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 73,076

581 So.2d 31

 

09/22/88          Appeal filed

03/21/91          FSC affirmed conviction, but vacated the death sentence and remanded to

the trial court for a new sentencing hearing.

06/27/91          Rehearing denied

07/29/91          Mandate issued

 

Florida Supreme Court – Direct Appeal (after resentencing)

FSC# 79,143

641 So.2d 378

 

01/06/92          Appeal filed

06/23/94          FSC affirmed death sentence

08/31/94          Rehearing denied

09/30/94          Mandate issued

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 94-6961

513 U.S. 1130

 

11/22/94          Petition filed

01/23/95          USSC denied petition

 

Circuit Court – 3.850 Motion

Case# 87-1775

 

03/24/97          Motion filed

09/03/99          Motion amended

12/03/01          Motion amended

07/18/05          CC denied motion

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 05-1559

983 So.2d 443

 

08/29/05          Appeal filed

02/07/08          Appeal denied

02/22/08          Motion for rehearing

05/29/08          Rehearing denied

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 06-1380

983 So.2d 443

 

07/10/06          Petition filed

02/07/08          Petition denied

02/22/08          Motion for rehearing

05/29/08          Rehearing denied

 

Circuit Court – 3.853 Motion

Case# 87-1775

 

07/17/07          Motion filed

12/20/07          Motion granted

 

United States District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 08-01335

(Pending)

 

07/11/08          Petition filed

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The 3.850 Motion was pending from 03/24/97 – 07/18/05.

 

Case Information:

 

On 09/22/88, Derrick filed a Direct Appeal with the Florida Supreme Court, citing the following errors:  discovery violations; Derrick was shackled during the trial; prejudice due to media coverage of the trial; restricting defense counsel’s cross-examination of certain witnesses; admission of fellow inmate testimony during the penalty phase of trial; and improper finding of the cold, calculated, and premeditated and avoiding arrest aggravating circumstances.  On 03/21/91, the FSC affirmed the conviction, but vacated the sentence and remanded the case to the trial court for a new sentencing hearing.

 

On 01/06/92, Derrick filed a Direct Appeal with the Florida Supreme Court, citing the following trial court errors:  improper response to a jury inquiry; improper instruction on the murder committed during the commission of a felony and pecuniary gain aggravating circumstances; and unsupported finding of the avoiding arrest and heinous, atrocious, or cruel aggravating circumstances.  The FSC did not comment on the following three claims of trial court error:  failure to consider all non-statutory mitigating circumstances, considering that the murder was committed during a felony, and proportionality of the death penalty.  The FSC affirmed the death sentence on 06/23/94.

 

On 11/22/94, Derrick filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 01/23/95. 

 

On 03/24/97, Derrick filed a 3.850 Motion with the Circuit Court that was amended on 09/03/99 and 12/03/01.  The Circuit Court denied the motion on 07/18/05. 

 

On 08/29/05, Derrick filed a 3.850 Appeal with the Florida Supreme Court that is pending. 

 

On 07/10/06, Derrick filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court that was denied on 02/07/08.

 

Derrick filed a 3.853 Motion for DNA testing on 07/17/07 that was granted on 12/20/07. The DNA testing will be done at a lab in Dallas, Texas.

 

On 07/11/08, Derrick filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, which is pending.

 

Institutional Adjustment:

 

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

 

                                                                     

DATE     DAYS                 VIOLATION                            LOCATION      

 

10/30/90     15            POSS OF NEGOTIABLES      FLORIDA STATE PRISON

09/03/92     30            FIGHTING                               FLORIDA STATE PRISON

12/15/93      0             POSS OF CONTRABAND             UNION C. I.        

10/19/95      0             UNARMED ASSAULT                   UNION C. I.        

09/24/00      0             DEFACING STATE PROP.            UNION C. I.        

11/07/01     30            MISUSE OF STATE PROP             UNION C. I.

 

________________________________________________________________________

 

Report Date:   11/09/01          JFL

Approved:       12/03/01          WS

Updated:         10/25/10          JJK