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.
DOUGAN, Jacob John, Jr. (B/M)
DC# 046622
DOB: 07/11/47
Fourth Judicial Circuit, Duval County Case # 74-4139 CF
Sentencing Judge: The Honorable R. Hudson Olliff
Trial Attorney: Ernest D. Jackson, Sr. & Dietra Micks –Private
Attorneys, Direct Appeal:
Direct Appeal(1977): Ernest D. Jackson, Sr.
Direct Appeal (1981) (afterre-sentencing): Joseph M. Nursey
Direct Appeal(1985) (after order from FSC): Joseph M. Nursey
Direct Appeal(1992) (after re-sentencing): James E. Ferguson II
Attorney, Collateral Appeals: Mark Olive – Private
Date of Offense: 06/17/74
Date of Sentence: 04/10/75
Date of Resentence: 10/25/79 and12/04/87
Circumstances of Offense:
On the evening of 06/17/74, in Jacksonville, FL., Dougan,along with four accomplices, armed with a .22 caliber pistol and a knife, setout to kill a white person, whom they termed “devils.”
While driving to Jacksonville Beach, the men picked up ahitchhiker named Stephen Orlando and drove him to an isolated trash dump. After arriving, the men ordered Orlando out of the car, threw him to theground, and one of the accomplices began stabbing him with the knife. Dougan put his foot on the head of Orlando and fired two shots to his head, onestriking Orlando in the cheek and the other in the ear – killing himinstantly.
A note was attached to the body of Orlando, which read asfollows: “Warning to the oppressive state. No longer will your atrocitiesand brutalizing of black people be unpunished. The black man is no longerasleep. The revolution has begun and the oppressed will be victorious. Therevolution will end when we are free. The Black Revolutionary Army. All powerto the people.”
In addition to the note, the offenders recorded a number ofaudio tapes concerning the murder and sent them to the victim’s mother, as wellas local media outlets.
Trial Summary:
09/26/74 Indicted for First-Degree Murder.
03/05/75 Jury returned guilty verdict and recommended death penalty by a 10-2 vote.
04/10/75 Sentenced to death
10/25/79 Resentenced to death as a result of a successful Gardner appeal.
12/04/87 Resentenced to death. The jury recommended a death sentence by a vote of9-3. Resentenced as a result of a successful Habeas appeal.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 47,260
343 So.2d 1266 (Fla. 1977)
04/23/75 Appeal filed
03/17/77 FSC affirmed conviction and sentence
04/07/77 Motion for rehearing denied
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 77-5343
439 U.S. 892 (1978)
08/29/77 Petition filed
10/10/78 USSC denied Petition
Florida Supreme Court – Gardner Petition
FSC# 47,260
362 So.2d 657 (Fla. 1978)
05/06/77 FSC initiates Gardner relief proceedings.
09/07/78 FSC granted Petition – conviction upheld, sentence vacated.
Florida Supreme Court – Direct Appeal (afterresentencing)
FSC# 47,260
398 So.2d 439 (Fla. 1981)
11/21/79 Appeal filed
04/09/81 FSC affirmed sentence
06/04/81 Motion for rehearing denied
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 80-6949
454 U.S. 882 (1981)
07/06/81 Petition filed
10/05/81 USSC denied Petition
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 61,786
448 So.2d 1005 (Fla. 1984)
03/01/82 Petition filed
04/05/84 Petition granted – new FSC Direct Appeal ordered
Florida Supreme Court – Direct Appeal
FSC# 65,217
470 So.2d 697 (Fla. 1985)
04/05/84 Appeal filed
05/30/85 FSC affirmed conviction, but vacated sentence.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 85-5053
475 U.S. 1098
07/11/85 Petition filed
03/31/86 USSC denied Petition
Florida Supreme Court – Direct Appeal (afterresentencing)
FSC# 71,755
595 So.2d 1, 7-8 (Fla. 1992)
01/04/88 Appeal filed
01/02/92 FSC affirmed sentence
04/01/92 Motion for rehearing denied
05/01/92 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 92-5622
506 U.S. 942
08/21/92 Petition filed
10/19/92 USSC denied Petition
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 83,398
644 So.2d 484
03/23/94 Petition filed
09/08/94 FSC denied Petition
11/14/94 Motion for rehearing denied
Circuit Court – 3.850 Motion
CC# 74-4139
10/17/94 Motion filed
09/06/02 Amended motion filed
06/22/07 Motion denied
10/20/09 Petition for Writ of Mandamus
Clemency Hearing:
03/11/82 Clemency hearing held (denied)
Factors Contributing to the Delay in Imposition ofSentence:
The delay is due to the sentence being overturned multipletimes by the Florida Supreme Court and the multiple hearings and re-hearingsthat have resulted (four Direct Appeals). In addition, Dougan has filedtwo Habeas appeals with the Florida Supreme Court and four Petitions forCertiorari with the U.S. Supreme Court, all of which have been denied.
One particular source of the delay is the four years takento decide Dougan’s Direct Appeal after resentencing (01/04/88 –05/01/92).
Another source of delay is that Dougan’s 3.850 Motion waspending from 1994-2007. The most recent delay was due to the sitting judge,Judge Olliff, having a stroke which forced him to recuse himself from the case.Judge Arnold was appointed in 2001, but recused himself in 2002. Judge Day wasappointed in 2002, but recused himself in 2006. Judge McCaulie was appointedin 2006, but recused himself later in 2006. Judge Johnson was appointed in2006 and denied the 3.850 Motion in 2007.
Case Information:
Dougan filed a Direct Appeal with the Florida Supreme Courton 04/23/75, claiming the trial court erred in deciding the venue of the trialand that he was denied a fair and impartial trial because the prosecutor failedto reveal complete details of a plea bargain agreement with a witness (anaccomplice) in exchange for his testimony. The Florida Supreme Court upheld theconviction and sentence of death on 03/17/77.
Dougan filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 08/29/77 and was denied this Petition on 10/10/78.
Subsequent to the U.S. Supreme Court’s ruling in Gardner v.Florida, the Florida Supreme Court took the petition for Gardner Relief toensure that the sentencing procedure in this case satisfied the Due Processclause of the U.S. Constitution. The Gardner petition was based on thefact that the defense did not have sufficient opportunity to rebut informationcontained in the presentence investigation report, which was used as evidenceof aggravating factors in the sentencing phase of the trial. On 09/07/78,the petition was granted, with the sentence vacated and the proceeding remandedto the trial court for resentencing.
Dougan was resentenced to death on 10/25/79.
Dougan filed his second Direct Appeal with the FloridaSupreme Court on 11/21/79. Dougan argued that he was prejudiced by thetrial court’s early consideration of a presentence investigation report, whichdefense counsel had no opportunity to rebut. On 04/09/81, the FloridaSupreme Court again affirmed the sentence of death.
Dougan filed another Petition for Writ of Certiorari withthe United States Supreme Court on 07/06/81, and this Petition was denied on10/05/81.
Dougan filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 03/01/82, citing ineffective assistance of counsel dueto conflict of interest and failure to raise meritorious legal claims. The court ruled that conflict of interest did exist, since the same counselrepresented both Dougan and another conspirator in the same direct appeal tothe FSC. On 04/05/84, the court granted the Petition and ordered another DirectAppeal be filed with separate counsel.
Dougan’s third Direct Appeal with the Florida Supreme Courtwas filed on 04/05/84, citing the following issues: improper search andseizure, victim’s stepfather identifying the victim at trial, errors in juryinstruction regarding felony murder, exclusion of relevant defense evidence attrial, and exclusion of death-scrupled prospective jurors. The courtfound that during the sentencing phase of the trial, the state did not provebeyond a reasonable doubt all aspects of all the aggravatingcircumstances. The court again vacated Dougan’s death sentence andremanded it for a new sentencing hearing with a new jury.
Dougan again filed a Petition for Writ of Certiorari withthe U.S. Supreme Court on 07/11/85 and was denied this Petition on 03/31/86.
Dougan was resentenced to death on 12/04/87. The juryrecommended a death sentence by a vote of 9-3.
Dougan filed a fourth Direct Appeal with the Florida SupremeCourt on 01/04/88, citing the following issues: race-biased use ofperemptory challenges during jury selection, inability of the jury to recommendlife imprisonment regardless of its findings as to aggravating and mitigatingcircumstances, errors in instructing the jury as to mitigating circumstances,and disproportionality of the death sentence. On 04/01/92, the FSCaffirmed the death sentence for Dougan.
Dougan filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 08/21/92, and this Petition was denied on 10/19/92.
Dougan filed a second Petition for Writ of Habeas Corpuswith the Florida Supreme Court on 03/23/94, arguing that the jury was giveninadequate instruction and weighed an invalid aggravating factor. Thecourt found this error to be harmless and denied the Petition on09/08/94.
Dougan filed a 3.850 Motion in the circuit court on 10/17/94that was amended on 09/06/02 and was denied on 06/22/07. Dougan filed aPetition for Writ of Mandamus in the circuit court on 10/20/09 that 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
06/21/75 90 UNKNOWN CENTRAL OFFICE
02/18/76 60 UNKNOWN CENTRAL OFFICE
04/06/76 90 UNKNOWN CENTRAL OFFICE
02/20/78 0 PART.IN DISTURBANCE R.M.C.- MAIN UNIT
08/22/78 30 DISOBEYINGORDER R.M.C.- MAINUNIT
10/14/80 0 DEST. OF STATE PROP. FLORIDA STATE PRISON
02/08/83 0 DISORDERLY CONDUCT CENTRALOFFICE
07/31/83 0 DISORDERLY CONDUCT FSP - WORK CAMP
03/05/84 15 DISRESP.TOOFFICIALS FSP - WORK CAMP
03/31/86 0 LYING TOSTAFF FLORIDA STATE PRISON
06/21/94 0 PART.IN RIOTS UNION C. I.
04/18/01 60 DISOBEYINGORDER UNION C.I.
________________________________________________________________________
Report Date: 05/18/01 JFL
Approved: 06/05/01 WS
Updated: 12/01/10 JFL