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. 

HUTCHINSON, Jeffrey (W/M)

DC#     124849

DOB:   11/06/62

First Judicial Circuit, Okaloosa County Case # 98-1382

Sentencing Judge: The Honorable G. Robert Barron

Attorney, Trial: Stephen Cobb – Private

Attorney, Direct Appeal: Kepler Funk, Jack Platt, Keith Szachacz – Private

Attorney, Collateral Appeals:  Clyde Taylor – Private

Date of Offense:           09/11/98

Date of Sentence:         02/06/01

Circumstances of Offense:

On the evening of 09/11/98, Jeffrey Hutchinson and his live-in girlfriend, Renee Flaherty had an argument.  After the argument, Hutchinson packed some of his clothes and guns into his truck, left, and went to a bar.  Hutchinson told the bartender, who knew both Hutchinson and Flaherty, “Renee is pissed off at me.”  Hutchinson drank one and a half glasses of beer and left, muttering to himself.  Witnesses noted that Hutchinson drove recklessly as he left the bar. 

Approximately 40 minutes after Hutchinson left the bar, there was a 911 call from Hutchinson’s home.  The caller stated, “I just shot my family” and “There were some guys here.”  Friends identified the caller’s voice as Hutchinson’s. 

Deputies arrived within 10 minutes of Hutchinson’s call and found him on the ground in the garage.  Deputies found the bodies of Renee Flaherty, Amanda Flaherty (7 years old), and Logan Flaherty (4 years old) in the master bedroom.  Each had been shot once in the head with a shotgun.  Geoffrey Flaherty (9 years old) was found in the living room, shot once in the chest and once in the head with a shotgun.  Hutchinson had gunshot residue on his hands and Geoffrey’s body tissue on his leg. 

Hutchinson alleged that two men came into the house, and he struggled with them.  They then shot Renee and the children and fled.  Hutchinson was examined at the scene and at the jail and had no injuries.    

Additional Information:

On 05/24/99, Hutchinson was diagnosed with Gulf War Illness (Syndrome). 

Trial Summary:

10/05/98          Indicted as follows:

                                    Count I:            First-Degree Murder – Renee Flaherty

                                    Count II:           First-Degree Murder – Logan Flaherty

                                    Count III:         First-Degree Murder – Amanda Flaherty

Count IV:         First-Degree Murder – Geoffrey Flaherty

01/18/01          Jury returned guilty verdicts on all counts of the indictment

01/21/01          Jury recommendation waived

02/06/01          Sentenced as follows:

                                    Count I:            First-Degree Murder – Renee Flaherty – Life

                                    Count II:           First-Degree Murder – Logan Flaherty – Death

                                    Count III:         First-Degree Murder – Amanda Flaherty – Death

Count IV:         First-Degree Murder – Geoffrey Flaherty – Death

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 01-500

882 So. 2d 943

03/07/01          Direct Appeal filed

07/01/04          FSC affirmed convictions and sentences

07/22/04          Mandate issued

Circuit Court – 3.851 Motion

CC# 98-1382

10/20/05          Motion filed

07/28/06          Motion amended

10/22/07          Evidentiary hearing held

01/03/08          Motion denied

Circuit Court – 3.853 Motion

CC# 98-1382

06/23/06          Motion filed

11/03/06          CC denied motion

Florida Supreme Court – 3.850 Appeal

FSC# 08-99

01/28/08          Appeal filed

07/09/09          Appeal denied

09/11/09          Rehearing denied

09/29/09          Mandate issued

United States District Court (Middle District) – Petition for Writ of Habeas Corpus

3:09-cv-00430-RS

09/25/09          Petition filed

12/02/09          Petition dismissed with prejudice.

United States Court of Appeals, 11th Circuit -- Petition for Writ of Habeas Corpus

USCA# 10-14978P

10/27/2010        Petition filed

Factors Contributing to the Delay in Imposition of Sentence:

The Direct Appeal was pending from 03/07/01 – 07/01/04. 

Case Information:

Hutchinson filed a Direct Appeal with the Florida Supreme Court on 03/07/01, citing the following errors: failing to properly instruct the jury; admitting excited utterances as testimony; overruling objections to the State’s closing argument; denying motions for mistrial, acquittal, and new trial; finding aggravating circumstances; and the proportionality of the death sentence.  On 07/01/04, the convictions and sentences were affirmed. 

Hutchinson filed a 3.851 Motion with the Circuit Court on 10/20/05 and amended the motion on 07/28/06.  An evidentiary hearing was held on 10/22/07. The motion was denied on 01/03/08.

Hutchinson filed a 3.853 Motion with the Circuit Court on 06/23/06 that was denied on 11/03/06.

Hutchinson filed a 3.851 Motion Appeal with the Florida Supreme Court on 01/28/08 that was denied on 07/09/09.

Hutchinson filed a Petition for Writ of Habeas Corpus with the United States District Court (Middle District) on 09/25/09.  This petition was dismissed with prejudice on 12/02/09.

Hutchinson filed an Appeal for Writ of Habeas Corpus with the United States Court of Appeals, 11^th District.  This appeal is still pending.

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      

03/26/01                 0                              POSS OF CONTRABAND                 FLORIDA STATE PRISON

________________________________________________________________________

Report Date:     07/27/04          JFL

Updated:          01/05/11          CAR