The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor statistical or legal purposes.
FERRELL, Jack D. (B/M)
DOB: 08/05/40
Ninth Judicial Circuit, Orange County Case #92-4096
Sentencing Judge: The Honorable Daniel Dawson
Attorney, Trial: Michael L. Irwin – Private
Attorney, Direct Appeal: Michael S. Becker – AssistantPublic Defender
Attorney, Collateral Appeals: Robert Strain & CarolRodriguez – CCRC-M
Date of Offense: 04/18/92
Date of Sentence: 04/21/93
Date of Resentence: 06/20/95
Circumstances of Offense:
Jack Ferrell and Mary Williams lived together, and theirrelationship was marked by verbal and physical confrontations, includingFerrell threatening to kill Williams. On 04/18/92, neighbors overheard the couple arguing and observed Ferrell enter and exit the apartment severaltimes. When he left the apartment the final time, he told one of the neighborsthat he had killed Williams and the cops should be called. Ferrell then droveaway in his car.
Williams was found on the apartment floor with two gunshotwounds to the head, and she died ten days later due to hemorrhaging in thebrain. At the time of Ferrell’s arrest, his breath smelled of alcohol, and headmitted to drinking heavily that day.
Additional Information:
Ferrell died of natural causes on 05/15/07.
Prior Incarceration History in the State of Florida:
Ferrell was convicted andsentenced to fifteen years imprisonment for Second-Degree Murder in 1982. Hewas released in 1987.
Trial Summary:
05/11/92 Indicted as follows:
CountI First-Degree Murder
CountII Possession of a Firearm by a Felon
02/04/93 Jury returned guilty verdicts on allcounts of the indictment
03/09/93 Jury recommended a death sentence by avote 10-2
04/21/93 Sentenced as follows:
CountI First-Degree Murder – Death
CountII Possession of a Firearm by a Felon – 30 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 81,668
653 So. 2d 367
04/29/93 Appeal filed
02/16/95 FSC affirmed conviction and remanded the case for anew sentencing
hearing
04/26/95 Rehearing denied
Florida Supreme Court – Direct Appeal (after newsentencing order)
FSC# 81,668
680 So. 2d 390
01/05/96 Appeal filed
04/11/96 FSC affirmed sentence
10/04/96 Rehearing denied
11/04/96 Mandate issued
U.S. Supreme Court – Petition for Writ ofCertiorari
USSC# 96-7401
520 U.S. 1123
01/02/97 Petition filed
03/17/97 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 92-4096
01/21/98 Motion filed
06/23/00 Motion amended
05/29/02 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 02-1498
918 So. 2d 163
07/03/02 Appealfiled
06/16/05 FSCaffirmed denial of the motion
12/22/05 Rehearingdenied
01/12/06 Mandateissued
Florida Supreme Court – Petition for Writ ofHabeas Corpus
FSC# 03-218
918 So. 2d 163
02/10/03 Petitionfiled
06/16/05 FSCdenied petition
12/22/05 Rehearingdenied
01/12/06 Mandateissued
U.S. District Court, Middle District – Petitionfor Writ of Habeas Corpus
USDC# 06-102
01/24/06 Petitionfiled
06/04/07 Petitiondismissed due to the death of Ferrell on 05/15/07.
Factors Contributing to the Delay in Imposition ofSentence:
The 3.850 Motion waspending from 01/21/98 – 05/29/02.
Case Information:
Ferrell filed a DirectAppeal with the Florida Supreme Court on 04/29/93, citing the followingerrors: admission of evidence of a collateral crime; denial of a motion toappoint co-counsel; denial of penalty phase jury instructions; imposition of adeath sentence without making written findings of fact; and death sentencebased on one aggravating circumstance and seven mitigating circumstances. TheFSC agreed that the court’s failure to document the findings of fact foraggravating and mitigating circumstances in the sentencing order was improper. On 02/16/95, the FSC affirmed Ferrell’s convictions, vacated his deathsentence, and remanded the case to the Circuit Court for a new sentencingorder.
Ferrell filed a DirectAppeal, after a new sentencing order was issued, with the Florida Supreme Courton 01/05/96, citing the following errors: trial court overlooked mitigatingmental health testimony and the death sentence was disproportionate compared toother cases with one aggravating circumstance. The FSC affirmed the deathsentence on 04/11/96.
Ferrell filed a Petitionfor Writ of Certiorari with the U.S. Supreme Court on 01/02/97 that was denied on 03/17/97.
Ferrell filed a 3.850Motion with the Circuit Court on 01/21/98 and amended the Motion on 06/23/00. On 05/29/02, the Circuit Court denied the Motion.
Ferrell filed a 3.850Motion Appeal with the Florida Supreme Court on 07/03/02, alleging ineffectiveassistance of counsel. On 06/16/05, the FSC affirmed the denial of themotion.
Ferrell filed a Petitionfor Writ of Habeas Corpus with the Florida Supreme Court on 02/10/03, citing Ring,Apprendi, and competency issues. On 06/16/05, the FSC denied thepetition.
Ferrell filed a Petitionfor Writ of Habeas Corpus with the U.S. District Court, Middle District, on01/24/06 that was dismissed on 06/04/07 due to the death of Farrell by naturalcauses on 05/15/07.
Report Date: 05/21/03 JFL
Approved: 06/10/03 WS
Updated: 06/21/07 JFL