The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes.
DUCKETT, James (W/M)
DC# 112232
DOB: 09/04/57
Fifth Judicial Circuit, Lake County Case # 87-1347 &88-0262
Sentencing Judge: The Honorable Jerry T. Lockett
Attorney, Trial: Jack Edmund – Private
Attorney, Direct Appeal: Jack Edmund – Private
Attorney, Collateral Appeals: Mary Elizabeth Wells –CCRC-S
Date of Offense: 05/12/87
Date of Sentence: 06/30/88
Circumstances of Offense:
James Duckett was the only policeofficer on patrol on the night of 05/11/87 in the city of Mascotte,Florida. Around 10:00 p.m., eleven-year-old Teresa McAbeewalked to a convenience store to purchase a pencil and, after leaving thestore, stopped to talk to a sixteen-year-old boy outside the store. Duckett arrived at the convenience store shortly afterwardand, after asking the store clerk the age of McAbee,he approached McAbee and the boy. After a briefconversation, Duckett told McAbeeto go home, leaving the boy to wait for his uncle. When the boy’s unclearrived, the boy and his uncle witnessed McAbeegetting into the passenger side of Duckett’s patrolcar.
At 11:00 p.m., McAbee’s motherwalked to the convenience store, looking for her daughter. The storeclerk told the mother that McAbee had left with Duckett and was probably at the Mascottepolice station. When no one was found at the Mascottepolice station, the mother drove to nearby Groveland police station, where shereported her daughter missing. The Groveland police officer contacted a Mascotte police officer, and Duckettarrived at the Groveland police station within twenty minutes. Duckett used a picture of McAbeeto make a flyer that he said he would post at convenience stores in the area, however, he failed to do so.
The store clerk reported that the police drove by the storeevery hour, but she reported that Duckett came by at9:30 p.m. but did not return for a few hours. Additionally, Duckett made no radio calls between 9:50 p.m. and 12:10a.m.
The next morning McAbee’s body wasfound in a lake less than one mile from the convenience store where she waslast seen. Medical testimony demonstrated that she was sexually assaultedwhile alive and then drowned. Blood and a pubic hair, later identified asprobable matches to Duckett, were found in herunderpants and semen was found on her jeans.
Distinct tire tracks found at the scene were matched to thetires found on the Mascotte Police Department patrolcars. Duckett’s and McAbee’sfingerprints were found on the hood of the car, indicating that she was sittingbackwards on the hood of the car.
At trial, three girls between the ages of seventeen andnineteen testified that in the six months prior to the murder, Duckett had given rides to each of them and had made sexualadvances. One of the girls testified that she participated in sexual actswith Duckett.
Trial Summary:
10/27/87 Indictedfor First Degree Murder (Case# 87-1347)
03/01/88 Informationpresented charging 1 count of Sexual Battery by an Adult of a Victim Under the Age of 12 (Case# 88-0262)
04/11/88 Casesconsolidated
05/10/88 Juryreturned guilty verdicts
Jury recommended a death sentenceby a vote of 8-4
06/30/88 Sentencedas follows:
First DegreeMurder – Death
Sexual Battery –Life Imprisonment
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 72,711
568 So.2d 891
07/05/88 Appeal filed
09/06/90 FSC affirmed conviction and sentence
11/14/90 Rehearing denied
12/17/90 Mandate issued
Circuit Court – 3.850 Motion
CC# 87-1347
05/01/92 Motion filed
06/12/92 Motion amended
11/14/94 Motion amended
08/10/01 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# SC01-2149
918 So.2d 224
09/28/01 Appeal filed
10/06/05 FSC affirmed denial of motion
12/22/05 Rehearing denied
01/09/06 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 02-1300
918 So.2d 224
06/07/02 Petition filed
10/06/05 FSC denied petition
12/22/05 Rehearing denied
01/09/06 Mandate issued
United States Supreme Court- Petition for Writ ofCertiorari
USSC #05-12235
127 U.S. 103
05/22/06 Petition filed
10/02/06 Petition denied
United States District Court, Middle District-Petition for Wirt of Habeas Corpus
USDC #07-cv-00006
01/08/07 Petitionfiled
03/25/10 Petitiondenied
07/12/10 COAfiled
08/23/10 COAdenied
United StatesCourt of Appeals, 11th Circuit – Habeas Appeal
USCA# 10-13095
06/29/10 Appealfiled
11/01/10 COAdenied
Circuit Court – 3.851 Motion
CC# 87-1347
11/29/10 Motionfiled
Factors Contributing to the Delay in Imposition ofSentence:
The 3.850 Motion was pending for nine years (05/01/92 –8/10/01).
The 3.850 Motion Appeal was pending for four years and theHabeas Petition was pending for three years. During the appeal, the issueof DNA testing arose. On 03/21/03, the FSC remanded the case to the CircuitCourt to determine if evidence existed for DNA testing. The Circuit Courtheld an evidentiary hearing on 10/03/03, and on 02/09/04, ruled that evidenceexisted for DNA testing, but the evidence would be completely destroyed by thetesting. As a result, the court denied DNA testing on the evidence. Duckett appealed the Circuit Court’s decision to theFSC.
Case Information:
On 07/05/88, Duckett filed aDirect Appeal with the Florida Supreme Court, citing the following trial courterrors: circumstantial evidence did not exclude all reasonable hypothesesof innocence, admitting testimony of the three girls, qualifying a statewitness as an expert in hair analysis, and imposition of the deathpenalty. The FSC affirmed the convictions and sentences on 09/06/90.
On 05/01/92, Duckett filed a 3.850Motion with the circuit court that was amended on 06/12/92 and 11/14/94 anddenied on 08/10/01.
On 09/28/01, Duckett filed a 3.850Motion Appeal with the Florida Supreme Court, raising the following issues:ineffective assistance of counsel; failing to present exculpatory evidence,including DNA evidence; prosecutorial misconduct; applying vague aggravatingcircumstances; and improper jury instructions. On 10/06/05, the FSCaffirmed the denial of the motion.
On 06/07/02, Duckett filed aPetition for Writ of Habeas Corpus with the Florida Supreme Court, raising thefollowing issues: ineffective assistance of counsel and Ring issues. On10/06/05, the FSC denied the petition.
On 05/22/06, a Writ of Certiorari was filed in the UnitedStates Supreme Court, which was denied on 10/02/06.
On 01/08/07, Duckett filed a Writof Habeas Corpus in the United States District Court, Middle District, whichwas denied on 03/25/10. On 07/12/10, Duckett filed anApplication for a Certificate of Appealablity, whichwas denied on 08/23/10.
On 06/29/10, Duckett filed aHabeas Appeal in the United States Court of Appeals, 11th Circuit. Duckett’s Certificate of Appealabilitywas denied on 11/01/10.
On 11/29/10, Duckett filed asuccessive 3.851 Motion in the Circuit Court. That motion is pending.
Institutional Adjustment:
THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
01/29/97 180 REF. SUB. ABUSETEST UNION C. I.
07/03/01 30 POSS OF CONTRABAND FLORIDA STATE PRISON
01/08/02 24 FIGHTING FLORIDA STATE PRISON
11/01/04 30 POSS OFCONTRABAND FLORIDA STATE PRISON
04/15/05 30 POSS OFCONTRABAND FLORIDA STATE PRISON
05/25/05 90 ATTEMPT TOCONSPIRE FLORIDA STATE PRISON
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Report Date: 11/09/01 JFL
Approved: 12/05/01 JFL
Updated: 01/25/11 JJK