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.
FERRELL, Jack D. (B/M)
DOB: 08/05/40
Ninth Judicial Circuit, Orange County Case # 92-4096
Sentencing Judge: The Honorable Daniel Dawson
Attorney, Trial: Michael L. Irwin – Private
Attorney, Direct Appeal: Michael S. Becker – Assistant Public Defender
Attorney, Collateral Appeals: Robert Strain & Carol Rodriguez – CCRC-M
Date of Offense: 04/18/92
Date of Sentence: 04/21/93
Date of Resentence: 06/20/95
Circumstances of Offense:
Jack Ferrell and Mary Williams lived together, and their relationship was marked by verbal and physical confrontations, including Ferrell threatening to kill Williams. On 04/18/92, neighbors overheard the couple arguing and observed Ferrell enter and exit the apartment several times. When he 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, and 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.
Additional Information:
Ferrell died of natural causes on 05/15/07.
Prior Incarceration History in the State of Florida:
Ferrell was convicted and sentenced to fifteen years imprisonment for Second-Degree Murder in 1982. He was released in 1987.
Trial Summary:
05/11/92 Indicted as follows:
Count I First-Degree Murder
Count II Possession of a Firearm by a Felon
02/04/93 Jury returned guilty verdicts on all counts of the indictment
03/09/93 Jury recommended a death sentence by a vote 10-2
04/21/93 Sentenced as follows:
Count I First-Degree Murder – Death
Count II Possession of a Firearm by a Felon – 30 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 81,668
653 So. 2d 367
04/29/93 Appeal filed
02/16/95 FSC affirmed conviction and remanded the case for a new sentencing
hearing
04/26/95 Rehearing denied
Florida Supreme Court – Direct Appeal (after new sentencing order)
FSC# 81,668
680 So. 2d 390
01/05/96 Appeal filed
04/11/96 FSC affirmed sentence
10/04/96 Rehearing denied
11/04/96 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 96-7401
520 U.S. 1123
01/02/97 Petition filed
03/17/97 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 92-4096
01/21/98 Motion filed
06/23/00 Motion amended
05/29/02 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 02-1498
918 So. 2d 163
07/03/02 Appeal filed
06/16/05 FSC affirmed denial of the motion
12/22/05 Rehearing denied
01/12/06 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 03-218
918 So. 2d 163
02/10/03 Petition filed
06/16/05 FSC denied petition
12/22/05 Rehearing denied
01/12/06 Mandate issued
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 06-102
01/24/06 Petition filed
06/04/07 Petition dismissed due to the death of Ferrell on 05/15/07.
Factors Contributing to the Delay in Imposition of Sentence:
The 3.850 Motion was pending from 01/21/98 – 05/29/02.
Case Information:
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 FSC 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 FSC affirmed Ferrell’s convictions, vacated his death sentence, and remanded the case to the Circuit Court for a new sentencing order.
Ferrell filed a Direct Appeal, after a new sentencing order was issued, 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. The FSC affirmed the death sentence on 04/11/96.
Ferrell filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/02/97 that was denied on 03/17/97.
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 FSC affirmed the denial of the motion.
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 FSC denied the petition.
Ferrell filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 01/24/06 that was dismissed on 06/04/07 due to the death of Farrell by natural causes on 05/15/07.
Report Date: 05/21/03 JFL
Approved: 06/10/03 WS
Updated: 06/21/07 JFL