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.
JONES, Clarence (B/M)
DOB: 03/09/55
Second Judicial Circuit, Leon County, Case # 88-3111
Sentencing Judge, Trial: The Honorable Phillip J. Padavano
Attorney, Trial: Clifford L. Davis – Private
Attorney, Direct Appeal: Clifford L. Davis – Private
Attorney, Collateral Appeals: Terri L. Backhus – Registry
Date of Offense: 07/08/88
Date of Sentence: 09/26/89
Circumstances of Offense:
Tallahassee police officers Ernest Ponce de Leon and Greg Armstrong responded to a call on July 7, 1988, concerning a car that was parked behind a laundromat. When they arrived at the scene, they found three escapees from a Maryland prison (Clarence Jones, Henry Goins, and Irvin Griffin) seated in the car along with a woman, Beverly Harris, who was traveling with them. As Armstrong was checking driver’s licenses and Ponce de Leon was trying to complete a computer check on the car’s tag, two shots were fired at Ponce de Leon by one of the passengers. Following the shooting, Officer Armstrong engaged in a shootout with the passengers. Jones retrieved Officer Ponce de Leon’s gun and he and Griffin fled the scene on foot. Both Jones and Griffin were wounded. Jones and Griffin broke into a house near the scene of the crime where they were captured a short time later by police. Officer Ponce de Leon died at the scene as a result of the two gunshot wounds to his chest.
In his own defense, Jones stated that an unknown drug dealer, who had met him and his accomplices at the laundromat, was the person who shot Officer Ponce de Leon.
Codefendant Information:
Henry Goins pled guilty to Second-Degree Murder in exchange for a 30-year prison sentence. Irvin Griffin was found guilty as charged for First-Degree Murder and sentenced to life in prison.
Additional Information:
When Jones was apprehended in Tallahassee, Florida, he was a known escapee from a Maryland prison where he was serving three concurrent 25-year sentences for three counts of robbery with a deadly weapon and a concurrent 5-year sentence for attempted robbery with a deadly weapon.
On 11/12/04, the Florida Supreme Court relinquished jurisdiction for a mental retardation determination. On 07/27/05, the Circuit Court denied the mental retardation motion.
Trial Summary:
07/28/88 Defendant indicted on the following charges:
Count I: First-Degree Murder
Count II: Attempted First-Degree Murder
Count III: Armed Robbery with a Firearm
Count IV: Armed Burglary of a Dwelling
Count V: Armed Kidnapping
Defendant charged by information on the following charge:
Count I: Aggravated Assault with a Firearm
09/22/89 Defendant found guilty on all Counts
09/24/89 Count V was nolle prosequied
09/25/89 The jury recommended Death by a vote of 11-1
09/26/89 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Attempted First-Degree Murder – Life sentence
Count III: Armed Robbery with a Firearm – Life Sentence
Count IV: Armed Burglary of a Dwelling – Life Sentence
Count I: Aggravated Assault with a Firearm – 5 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #74,866
580 So. 2d 143
10/16/89 Appeal filed.
05/16/91 FSC affirmed the convictions and sentence of Death.
06/14/91 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #91-5151
502 U.S. 878
07/01/91 Petition filed.
10/07/91 Petition denied.
State Circuit Court – 3.850 Motion
CC #88-3111
12/21/92 Motion filed.
04/01/97 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #90,976
732 So. 2d 313
07/11/97 Appeal filed.
03/25/99 FSC affirmed the Circuit Court’s denial of the 3.850.
05/25/99 Rehearing denied.
06/24/99 Mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #00-660
794 So. 2d 579
03/27/00 Petition filed.
07/05/01 Petition denied.
09/05/01 Rehearing denied.
U.S. District Court, Northern District – Petition for Writ of Habeas Corpus
USDC# 00-96
(Pending)
05/22/00 Petition filed.
03/14/02 Petition amended.
08/23/02 USDC ordered petition held in abeyance until state claims disposed.
State Circuit Court – 3.850 Motion
CC# 88-3111
06/17/02 Motion filed.
12/03/02 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC# 03-37
962 So.2d 337
01/10/03 Appeal filed.
05/02/07 FSC affirmed denial of motion.
Circuit Court – 3.203 Motion
CC# 88-3111
11/12/04 FSC relinquished jurisdiction for a mental retardation motion hearing.
06/23/05 Hearing held.
07/27/05 CC denied motion.
Florida Supreme Court – 3.203 Appeal
FSC# 03-37
962 So.2d 337
08/15/05 Appeal filed.
05/02/07 FSC affirmed denial of motion.
07/06/07 Motion for rehearing denied.
Circuit Court – 3.850 Motion
CC# 88-3111
07/27/07 Motion filed.
09/14/07 Motion denied.
10/04/07 Motion for rehearing.
Factors Contributing to the Delay in Imposition of Sentence:
The 3.850 was pending in the state circuit court for five years prior to resolution.
Case Information:
A Direct Appeal was filed with the Florida Supreme Court (FSC) on 10/16/89. Issues that were raised on appeal included whether the trial court erred by refusing to allow the defense to question two state witnesses about their convictions involving drug-related offenses and violence against a police officer. The defense wanted to question the witnesses concerning their prior offenses in an attempt to potentially connect them with the crime. The judge ruled that their prior offenses occurred too long before the crime at hand to have been relevant in the proceedings. The FSC found all of the issues to be either harmless or without error and affirmed the convictions and sentence of death on 05/16/91.
A Petition for a Writ of Certiorari was filed with the United States Supreme Court on 07/01/91 and denied on 10/07/91.
A 3.850 Motion was filed with the State Circuit Court on 12/21/92 and was denied on 04/01/97.
A 3.850 Appeal was filed with the FSC on 07/11/97. Issues that were raised included various claims as to whether the defendant was denied effective assistance of counsel during his penalty phase, whether the trial court’s refusal to find mitigating circumstances was unconstitutional, and whether the State withheld exculpatory evidence. The FSC found all of the issues either harmless or without error and affirmed the trial court’s denial of the 3.850 Motion on 03/15/99.
A Petition for a Writ of Habeas Corpus was filed with the FSC on 03/27/00. Issues that were raised included whether the defendant’s appellate counsel was ineffective for failing to present error regarding the admission of details surrounding Jones’s prison escape and certain photographic evidence and whether the Court improperly upheld the trial judge’s instruction to the jury of two legally inapplicable aggravators. The FSC found all of the claims to be either harmless or without merit and denied the Petition on 07/05/01.
A Petition for Writ of Habeas Corpus was filed with the U.S. District Court, Northern District, on 05/22/00 and amended on 03/14/02. On 08/23/02, the USDC ordered the petition held in abeyance pending the resolution of state claims.
A 3.850 Motion was filed with the State Circuit Court on 06/17/02 and was denied on 12/03/02.
A 3.850 Appeal was filed with the Florida Supreme Court on 01/10/03. On 05/02/07, the FSC affirmed the denial of the motion.
On 11/12/04, the FSC relinquished jurisdiction to the Circuit Court for a mental retardation motion hearing, which was held on 06/23/05. The Circuit Court denied the motion on 07/27/05.
A 3.203 Appeal was filed with the Florida Supreme Court on 08/15/05. On 05/02/07, the FSC affirmed the denial of the motion. On 07/06/07, a motion for rehearing was denied.
Jones filed a 3.850 motion on 07/27/07, which was denied on 09/14/07.
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
01/17/93 30 DISOBEYING ORDER UNION C. I.
05/05/94 0 SPOKEN THREATS UNION C. I.
05/30/94 0 OBSCENE PROFANE ACT UNION C. I.
02/21/95 0 DISORDERLY CONDUCT UNION C. I.
09/18/96 0 SPOKEN THREATS UNION C.I.-MED.FAC.
10/28/97 0 FIGHTING UNION C. I.
09/11/00 90 BRIBERY OR ATTEMPTED FLORIDA STATE PRISON
09/11/00 30 POSS OF CONTRABAND FLORIDA STATE PRISON
04/20/03 30 POSS OF CONTRABAND FLORIDA STATE PRISON
Report Date: 04/15/03 cc
Approved: 06/10/03 ws
Updated: 04/16/08 klh