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 on for statistical or legal purposes.
CORRELL, Jerry (W/M)
DC # 101151
DOB: 01/09/56
Ninth Judicial Circuit, Orange County, Case #85-3550
Sentencing Judge: The Honorable R. James Stroker
Trial Attorneys: Peter Kinney & Patricia A. Cashmen – Assistant Public Defenders
Attorney, Direct Appeal: James R. Valerino – Private
Attorney, Collateral Appeals: Mark Gruber & David Hendry – CCRC-M
Date of Offense: 06/30/85
Date of Sentence: 02/07/86
Circumstances of Offense:
Jerry Correll was convicted and sentenced to death for the murders of his ex-wife, Susan Correll; her sister, Marybeth Jones; their mother, Mary Lou Hines; and Correll’s five-year-old daughter, Tuesday.
The bodies of the four victims were discovered at the Hines residence on the morning of 07/01/85. All of the victims had been stabbed and died as a result of the hemorrhaging caused by the penetrating wounds. One-and-a-half hours after authorities arrived on the scene, detectives encountered Jerry Correll there and asked him to make a statement. Correll subsequently went to the Sheriff’s Department and recorded an oral statement establishing an alibi for his whereabouts on the night of the murders. Correll was interviewed again the next day and later arrested.
Forensic evidence linked Correll to bloody fingerprints and palm prints found at the murder scene. Additionally, Correll could not be omitted as the person whose bloodstains and semen were found at the scene.
Trial Summary:
07/02/85 Defendant arrested.
09/10/85 Defendant indicted on:
Count I: First-Degree Murder (Mary Lou Hines)
Count II: First-Degree Murder (Susan Correll)
Count III: First-Degree Murder (Marybeth Jones)
Count IV: First-Degree Murder (Tuesday Correll)
09/12/85 The defendant entered a plea of “not guilty”.
12/10/85 The trial judge granted an oral motion for change of venue, after which the
trial was transferred to Sarasota County in the Twelfth Judicial Circuit. Upon sentencing, the case was transferred back to Orange County.
02/06/86 The jury found the defendant guilty on all counts.
02/07/86 Upon advisory sentencing, the jury, by a 10 to 2 majority, voted for the
death penalty for the murder of Mary Lou Hines. The jury voted 9 to 3 for the death penalty for the murder of Susan Correll, and 10 to 2 for the death penalty for the murder of Marybeth Jones. The jury, by a 10 to 2 majority, voted for the death penalty for the murder of Tuesday Correll.
02/07/86 The defendant was sentenced as followed:
Count I: First-Degree Murder (Mary Lou Hines) - Death
Count II: First-Degree Murder (Susan Correll) - Death
Count III: First-Degree Murder (Marybeth Jones) - Death
Count IV: First-Degree Murder (Tuesday Correll) - Death
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC #68,393
523 So. 2d 562
03/03/86 Appeal filed.
01/14/88 FSC affirmed the convictions and sentence of death.
04/13/88 Rehearing denied.
05/17/88 Mandate issued.
United States Supreme Court - Petition for Writ of Certiorari
USSC #87-7158
488 U.S. 871
06/07/88 Petition filed.
10/03/88 Petition denied.
State Circuit Court - 3.850 Motion
CC #85-3550
02/22/90 Motion filed.
03/07/90 Motion denied.
Florida Supreme Court - Petition for Writ of Habeas Corpus
FSC #75,583
558 So. 2d 422
02/22/90 Petition filed.
03/16/90 FSC denied the petition.
Florida Supreme Court - 3.850 Appeal
FSC #75,664
558 So. 2d 422
03/09/90 Appeal filed.
03/16/90 FSC affirmed the denial of Correll’s 3.850 Motion.
United States District Court, Middle District - Petition for Writ of Habeas Corpus
USDC #90-315 CIV
03/16/90 Petition filed.
02/13/95 USDC granted Correll’s request to hold the Federal Habeas in abeyance in
order to file another 3.850 Motion in the State Circuit Court and administratively closed the Federal Habeas.
02/12/98 Petition reopened.
08/23/02 Petition administratively closed pending the final decision in the
Bottoson/King cases.
02/04/05 Petition reopened.
11/12/10 Third amended petition filed.
State Circuit Court - 3.850 Motion
CC #85-3550
03/31/95 Motion filed.
04/03/96 Motion denied.
Florida Supreme Court - 3.850 Appeal
FSC #88,474
698 So. 2d 522
07/15/96 Appeal filed.
04/10/97 FSC affirmed the denial of Correll’s 3.850 Motion.
08/28/97 Rehearing denied.
10/01/97 Mandate issued.
State Circuit Court - 3.850 Motion
CC #85-3550
07/22/02 Motion filed.
09/17/03 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #SC03-1968
880 So.2d 1210
11/10/03 Appeal filed.
07/23/04 Denial of 3.850 affirmed.
Circuit Court – 3.853 Motion (DNA)
CC #85-3550
06/17/05 Motion filed.
12/21/05 Motion granted.
Warrants:
01/10/90 Death warrant signed by Governor Bob Martinez.
03/14/90 Scheduled execution date.
03/09/90 Temporary stay granted by the Florida Supreme Court.
03/15/90 Temporary stay granted by the Florida Supreme Court.
03/16/90 Indefinite stay granted by the United States District Court, Middle District.
Clemency:
12/07/88 Clemency hearing held (denied).
Factors Contributing to the Delay in the Imposition of the Sentence:
Correll filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District that has been pending since 03/16/90. The Petition was administratively closed on 02/13/95, reopened on 02/12/98, administratively closed on 08/23/02, and reopened on 02/04/05. The Petition is currently pending.
Case Information:
Correll filed a Direct Appeal in the Florida Supreme Court on 03/03/86. In that appeal, he argued that the trial court erred in the admission of statements he made to police prior to his arrest and in the admission of statements made by Susan Correll as relayed by a third party to the trial court. Correll also contended that the trial court erred in redacting a portion of his statement made to police and in the admission of evidence that Correll had displayed hostile behavior towards Susan Correll in the past. Jerry Correll also challenged the validity of using electrophoresis in blood tests. In regard to the penalty phase, Correll argued the application of aggravating factors and the consideration of mitigating evidence. The Florida Supreme Court affirmed the convictions and sentences of death on 01/14/88.
Correll next filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 10/03/88.
On 02/22/90, Correll filed his first 3.850 Motion in the State Circuit Court. In that motion, Correll argued two things: Correll contended that he received ineffective assistance of counsel during the penalty phase of his trial and that he did not receive a competent mental health evaluation. The State Circuit Court denied the motion, after which Correll filed an appeal in the Florida Supreme Court. On 3/16/90, the high court affirmed the denial of Correll’s 3.850 Motion.
In addition, Correll filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 03/09/90. He again asserted that he received ineffective assistance of counsel and that his constitutional rights were violated when the governor signed a death warrant prior to the expiration of the standard time limit in filing a 3.850 Motion. In a consolidated opinion with Correll’s 3.850 Appeal, the Florida Supreme Court denied the petition on 03/16/90.
Correll next filed a Federal Petition for Writ of Habeas Corpus in the United States District Court, Middle District. During the deliberations on the Habeas Petition, Correll filed a motion to hold the federal proceedings in abeyance in order to allow him to file another 3.850 Motion in the State Circuit Court. On 02/13/95, the District Court granted the motion and administratively closed the Habeas Petition until the completion of the Motion for Post-conviction Relief at the State level. On 02/12/98, the Petition was reopened, but on 08/23/02, the Petition was again administratively closed pending a decision in the Bottoson and King cases. On 02/04/05, the Petition was reopened and is currently pending.
Correll then filed his second 3.850 Motion in the State Circuit Court on 03/31/95. In that motion, he stated there was newly found evidence in the case. A blood-splatter expert was found to have misrepresented her education level and her experience. The trial court judge denied the motion on 04/03/96. Correll then proceeded to file a motion to disqualify the trial judge because he based his denial on personal knowledge and was biased against Correll’s counsel. Upon the denial of that motion, Correll filed an appeal in the Florida Supreme Court. The high court affirmed the denial of the motions on 04/10/97.
On 02/12/98, Correll’s Federal Petition for Writ of Habeas Corpus in the United States District Court, Middle District, was reopened. The case was then administratively closed on 8/23/02 pending the final decision in the Bottoson/King cases.
On 07/19/02, Correll filed a 3.850 Motion in the State Circuit Court that was denied on 09/17/03.
Correll filed an appeal of that decision in the Florida Supreme Court on 11/10/03. On 07/23/04, the denial was affirmed.
Correll filed a 3.853 Motion (DNA) with the Circuit Court on 06/17/05 that was granted on 12/21/05.
Correll filed a third amended Petition for Writ of Habeas Corpus with the United States District Court, Middle District, on 11/12/10. That petition is pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
10/02/90 15 DEST. OF ST. PROP. FSP
02/15/95 0 UNAUTH USE OF DRUGS UNION C. I.
07/16/96 0 FIGHTING UNION C. I.
10/16/97 0 DEST. OF ST. PROP. UNION C. I.
06/09/98 0 POSS OF WEAPONS UNION C.I.
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02/19/02 – ew
04/10/02 – approved – ws
12/03/10 – updated – jjk