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. 

WICKHAM, Jerry Michael (W/M)

DC #    504430

DOB:   09/05/45

Second Judicial Circuit, Leon County, Case #87-3970

Sentencing Judge: The Honorable Charles D. McClure

Attorney, Trial: Philip J. Padovano, Esq.

Attorney, Direct Appeal: David A. Davis – Assistant Public Defender

Attorney, Collateral Appeals: Zack Ward and Gregory Cummings - Private

Date of Offense: 03/05/86

Date of Sentence: 12/08/88

Circumstances of Offense:

On 03/05/86, Jerry Wickham, accompanied by friends and family, was driving along Interstate-10 when he realized that they hardly had any money for gas or other expenses necessary to continue traveling.  One member of the party suggested that they stop at a local church for help.  Wickham and others decided, however, that they should commit a robbery to obtain the travel money instead of asking a church.

Upon reaching Tallahassee, the group exited the interstate and began driving north along Thomasville Road towards the Florida-Georgia border.  The group pulled off the highway, close to the border, at which time the men hid and the women and children flagged down a passing car under the guise of needing help.   When Morris “Rick” Fleming stopped to help and found nothing wrong with the car, Wickham jumped out of his hiding place, pointing a gun at Fleming.  Seeing this, Fleming turned around and began walking back towards his vehicle.  Wickham then shot Fleming in the back, the impact of which caused him to spin around and face Wickham directly.  Wickham then shot Fleming in the chest once, at which time the victim began to beg for his life.  Wickham then fatally shot Fleming twice in the head.  The group took all the money he had, $4.05, and continued on to a nearby gas station where they purchased some gas.  It was there that Wickham changed and threw away his bloodstained clothes.  Wickham, while driving back towards Tallahassee, instructed the other members of his party to dispose of the used and unused bullet shells by throwing them out the window.  The group continued towards Tampa, stopping along the way at a church to obtain more money for traveling expenses. 

Prior Community Supervision Record in the State of Florida:

Offense Date	Offense	Sentence Date	County	Community Supervision Length
05/17/1987	BURG/DWELL/OCCUP.CONVEY	07/06/1987	HILLSBOROUGH	3Y 0M 0D
05/17/1987	GRAND THEFT,$300 LESS &20,000	07/06/1987	HILLSBOROUGH	3Y 0M 0D
05/26/1987	TRAFFIC IN STOLEN PROPERTY	07/06/1987	HILLSBOROUGH	3Y 0M 0D

Trial Summary:

10/22/87          The defendant was indicted on the following charges:

                                    Count I:           First-Degree Murder (Morris Fleming)

                                    Count II:         Robbery with a Firearm

                                    Count III:        Possession of a Firearm by a Convicted Felon

(Later Dropped)

12/07/88          The jury found the defendant guilty of all counts charged in the

indictment.

12/08/88          Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the

death penalty.

12/08/88          The defendant was sentenced as follows:

                                    Count I:           First-Degree Murder (Morris Fleming) – Death

                                    Count II:         Robbery with a Firearm - Life

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #73,508

593 So. 2d 191

01/05/89          Appeal filed

12/12/91          FSC affirmed Wickham’s convictions and sentence of death

03/02/92          Rehearing denied

04/01/92          Mandate issued

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

USSC #91-8126

505 U.S. 1209

05/04/92          Petition filed

06/22/92          Petition denied

State Circuit Court – 3.850 Motion

CC #87-3970

05/22/95          Motion filed

02/26/97          Motion dismissed

09/26/00          Motion to file amended motion granted

06/02/04          Evidentiary hearing held

01/24/05          Motion denied

02/15/05          Rehearing denied

Florida Supreme Court – 3.850 Motion Appeal

FSC #05-1012

998 So.2d 593

06/09/05          Appeal filed

09/25/08          FSC reversed CC denial of 3.850 Motion and remanded for new Evidentiary Hearing

01/15/09          Mandate issued

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 07-1137

998 So.2d 593

06/20/07          Petition filed

12/23/08          Petition dismissed without prejudice

State Circuit Court – 3.850 Motion (On Remand)

CC #87-3970

07/08/09          Motion Reopened

04/19/10          Evidentiary Hearing held

04/07/11          Motion denied           

Factors Contributing to the Delay in the Imposition of the Sentence:

Wickham filed a 3.850 Motion in the State Circuit Court in 1995, which dismissed nearly three years later.  On 9/26/00, a motion to allow Wickham to file an amended 3.850 Motion was granted.  That motion took over four years to be denied. On 7/8/09, the 3.850 Motion was reopened in State Circuit Court, which was remanded from the Florida Supreme Court.  The Florida Supreme Court appointed a judge outside the 2nd circuit, Judge Willard Pope of the 5th circuit, to preside over further proceedings.

Case Information:

On 01/05/89, Wickham filed a Direct Appeal in the Florida Supreme Court.  In that appeal, he argued that the trial court erred in limiting the testimony about his inability to form specific intent to commit premeditated murder and that the trial court erred in allowing the State to present evidence of an attempted escape plan from the Leon County jail.  The Florida Supreme Court found no merit to these claims.  Wickham also contended that the trial court erred in its application of the heinous, atrocious or cruel (HAC) aggravating factor and in failing to find and weigh evidence available in mitigation.  The Florida Supreme Court agreed with Wickham but determined that these errors to be harmless in lieu of the numerous aggravating circumstances.  On 12/12/91, the Florida Supreme Court affirmed Wickham’s convictions and sentence of death.

On 05/04/92, Wickham filed a Petition for Writ of Certiorari in the United States Supreme Court that was subsequently denied on 06/22/92.

On 05/22/95, Wickham filed a 3.850 Motion in the State Circuit Court and was dismissed on 02/26/97.  On 09/26/00, a motion to file an amended 3.850 Motion was granted.  On 01/24/05, the Motion was denied.

Wickham filed a 3.850 Motion Appeal in the Florida Supreme Court on 06/09/05.  On 09/25/08, the Florida Supreme Court reversed the Circuit Court’s denial of the 3.850 Motion and remanded for a new Evidentiary Hearing.  On 01/15/09, the Florida Supreme Court issued a mandate in this case.

Wickham filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 06/20/07.  On 12/23/08, the Florida Supreme Court dismissed this petition without prejudice to re-file.

On 07/08/09, the 3.850 Motion was reopened in the State Circuit Court, which was remanded from the Florida Supreme Court.  The Florida Supreme Court, however, appointed a judge outside of the 2nd circuit, Judge Willard Pope of the 5th circuit, to preside over further proceedings.  On 04/19/10, the Evidentiary Hearing was held and, on 04/07/11, the motion was denied.

Institutional Adjustment:

DATE         DAYS                 VIOLATION                         LOCATION    

----------        --------            ----------------------------                  ------------------

12/19/92          0              DISRESP.TO OFFICIALS                       UNION C. I.      

03/07/96          0              DISRESP.TO OFFICIALS                       UNION C. I.      

04/26/01         60             DISOBEYING ORDER                UNION C. I.      

____________________________________________________________________

10/08/02          Written            EW

10/10/02          Approved        WS

04/15/11          Updated          MJH