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.
ATWATER, Jeffrey (W/M)
DC # 120467
DOB: 12/24/63
Sixth Judicial Circuit, Pinellas County, Case #89-13299
Sentencing Judge: The Honorable R. Grable Stoutamire
Trial Attorneys: John White, Esq. & Michael Schwartzberg, Esq. – Private
Attorney, Direct Appeal: Steven Krosschell – Assistant Public Defender
Attorney, Collateral Appeal: Mark Gruber, David Hendry, & Maria Perinetti – CCRC-M
Date of Offense: 08/11/89
Date of Sentence: 06/25/90
Circumstances of Offense:
Jeffrey Atwater, the defendant, was convicted and sentenced to death for the murder of Ken Smith on 08/11/89.
On the day of the murder, Atwater attempted to enter the John Knox Apartment Complex in St. Petersburg, Florida. Upon reaching the security gate, Atwater told the guard that he was Smith’s grandson and fabricated the purpose of his visit. The defendant entered Smith’s apartment and proceeded to his room. After 20 minutes, Atwater left the apartment and Smith’s body was discovered later that day. Apparently Smith had been robbed as well because his pockets were turned inside out and all of his money was missing.
After the murder, Atwater reportedly told several people that he killed Smith, and he was subsequently arrested later that day.
There was evidence that Atwater was looking for Smith for up to three days prior to his murder. Apparently, Atwater had obtained money from Smith before, but Smith was fearful of him, and had vowed never to give him money again.
At trial, a medical examiner testified that 64-year-old Smith had been stabbed over 40 times, and there was evidence he was beaten prior to or during the killing.
Additional Information:
Jeffrey Atwater had no previous criminal history in Florida prior to the robbery and murder of Ken Smith.
Trial Summary:
08/11/89 Defendant arrested.
09/07/89 Defendant indicted on:
Count I: First-Degree Murder
Count II: Robbery with a Deadly Weapon
05/04/90 The jury found the defendant guilty on counts I & II.
05/17/90 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty.
06/25/90 The defendant was sentenced as followed:
Count I: First-Degree Murder – Death
Count II: Robbery with a Deadly Weapon – 10 years
Appeal Summary:
Florida Supreme Court - Direct Appeal
FSC #76,327
626 So. 2d. 1325
07/18/90 Appeal filed.
09/16/93 FSC affirmed the convictions and sentence of Death.
11/29/93 Rehearing denied.
12/29/93 Mandate issued.
United States Supreme Court - Petition for Writ of Certiorari
USSC #93-7986
511 U.S. 1046
02/22/94 Petition filed.
04/18/94 Petition denied.
State Circuit Court - 3.850 Motion
CC #89-13299
10/16/95 Motion filed.
01/06/99 Motion denied.
Florida Supreme Court - 3.850 Appeal
FSC #94,865
788 So. 2d. 223
11/22/99 Appeal filed
06/07/01 FSC affirmed the denial of the 3.850 Motion.
07/20/01 Mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #99,179
788 So. 2d. 223
12/22/99 Petition filed.
06/07/01 Petition denied.
07/20/01 Mandate issued.
United States District Court, Middle District – Petition for Writ of Habeas Corpus
USDC #02-1103
06/21/02 Petition filed.
08/23/02 Administratively closed pending the final decision in the Bottoson/King cases.
01/13/03 Petition re-opened.
10/21/03 Petition denied.
United States Court of Appeals, Eleventh Circuit – Habeas Appeal
USCA #03-16259
451 F. 3d 799
12/04/03 Notice of Appeal filed.
06/12/06 USCA affirmed denial of petition.
State Circuit Court – 3.850 Motion
CC #89-13299
12/08/03 Motion filed.
12/19/03 State’s Response
04/20/04 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #SC04-937
892 So. 2d 1011
06/01/04 Appeal filed.
12/20/04 Denial affirmed.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 06-7287
127 S. Ct. 951
10/25/06 Petition filed.
01/08/07 Petition denied.
State Circuit Court – 3.850 Motion
CC #89-13299
10/19/07 Successive Motion filed.
02/07/08 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #08-565
6 So. 3d 51
03/24/08 Appeal filed.
02/27/09 Appeal denied.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 08-10635
130 S.Ct. 113
03/27/09 Petition filed.
10/05/09 Petition denied.
Factors Contributing to the Delay in the Imposition of the Sentence:
Atwater has used many of his post-conviction relief options at the State level, with each motion/appeal lasting several years. His Direct Appeal lasted three years and his 3.850 Motion lasted approximately four years.
Case Information:
On 07/18/90, Jeffrey Atwater filed a Direct Appeal in the Florida Supreme Court. The defendant contends that the trial court erred in permitting the State to excuse the only black person in the venire by using a peremptory challenge. He also claimed that the court erred in its treatment of a juror’s question and that the State did not support its accusation of robbery with adequate evidence. Atwater also challenged the application of two aggravating factors; however, the court summarily denied those claims as well. The Florida Supreme Court affirmed the convictions and sentence on 09/16/93. The mandate was issued on 12/29/93.
The defendant filed a Petition for Writ of Certiorari on 02/22/94, which was subsequently denied on 04/18/94.
Atwater filed a 3.850 Motion in Circuit Court on 10/16/95. The motion was denied on 01/06/99.
Atwater next filed an appeal of his 3.850 Motion in the Florida Supreme Court on 11/22/99. That appeal was denied on 06/07/01.
The defendant filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 12/22/99. The petition was also denied on 06/07/01.
Atwater filed a Petition for Writ of Habeas Corpus in the United States District Court on 06/21/02. The petition was administratively closed pending the final decision in the Bottoson/King cases. On 01/13/03, the petition was reopened. Atwater’s Habeas Petition was denied on 10/21/03. He filed an appeal of that decision in the United States Court of Appeals on 12/04/03, which is currently pending. On 12/05/03, Atwater filed a Motion to Stay pending the resolution of his State proceedings. On 06/12/06, the USCA affirmed the denial of the petition.
On 12/08/03, Atwater filed a Successive 3.850 Motion in the State Circuit Court, which was denied on 04/20/04. He filed an appeal of that decision in the Florida Supreme Court, who affirmed the denial on 12/20/04.
Atwater filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 10/25/06 that was denied on 01/08/07.
On 10/19/07, Atwater filed a Successive Motion to Vacate in the Circuit Court that was denied on 02/07/08.
On 03/24/08, Atwater filed an appeal of his 3.850 Motion in the Florida Supreme Court. This appeal was denied on 02/27/09.
On 03/27/09, Atwater filed a Petition for Writ of Certiorari in the U.S. Supreme Court that was denied on 10/05/09.
Institutional Adjustment: JEFFREY ATWATER DC #120467
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
01/15/91 10 DISRESP.TO OFFICIALS FSP
11/22/91 30 DISORDERLY CONDUCT FSP
08/17/92 0 DISOBEYING ORDER FSP
10/22/92 0 POSS OF NEGOTIABLES FSP
04/21/93 0 DISORDERLY CONDUCT FSP
10/14/99 0 DISRESP.TO OFFICIALS UNION C. I.
10/29/01 – ew
10/31/01 – approved – ws
12/16/09 – updated – kkr