The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Last NameFirst NamePictureDC NumberAgencyCase Summary
FordJames 763722RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
8/16/2004FSC04-16113.851 Appeal
4/12/2007FSC04-1611Denial affirmed
6/11/2007USDC07-333Habeas petition
9/17/2009USDC07-333Petition dismissed
9/22/2009USCA09-14820Habeas Appeal
10/30/2009USCA09-14820COA denied
11/4/2009USSC09-7493Cert Writ
6/21/2010USSC09-7493Cert granted; judgment vacated and case remanded

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
 97-351 CF-CAEEllisCharlotteSouth  

Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

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. 


FORD, James (W/M)

DC#     763722

DOB: 07/23/60


Twentieth Judicial Circuit, Charlotte County Case # 97-351

Sentencing Judge: The Honorable Cynthia Ellis

Attorney, Trial: Paul Sullivan – Private

Attorney, Direct Appeal: Robert F. Moeller – AssistantPublic Defender

Attorney, Collateral Appeals:  TBA


Date of Offense:        04/06/97

Date of Sentence:       06/03/99


Circumstances of Offense:


James Ford and Greg Malnory wereco-workers at the South Florida Sod Farm in rural Charlotte County.  Fordmade plans to go fishing on the sod farm with Greg and his wife Kim on04/06/97. 


On 04/07/97, the bodies of Greg and Kim Malnorywere found in a field near a pond at the sod farm.  The 22-month-olddaughter of the Malnorys was found alive, but exposedto the elements, in the Malnory’s truck.  Themedical examiner testified that Greg Malnory had beenshot in the back of the head with a bullet from a .22 caliber rifle, bludgeonedat least seven times with an axe, and then had his throat slit.  Kim Malnory was raped, and then bludgeoned with an axe ninetimes in the head by Ford, who then put the barrel of the .22 caliber rifle in hermouth and pulled the trigger.


Ford was linked to the crimes by being seen on the same dayof the murder with blood on his face, hands, and clothes.  Also, asignificant amount of DNA evidence, mostly from the sexual offenses, was foundat the crime scene and matched Ford’s DNA.  Additionally, the .22 caliberrifle used in the murders belonged to Ford. 


Trial Summary:


04/30/97         Indicted as follows:

                                   Count I           First-Degree Murder

                                   Count II          First-DegreeMurder

                                   Count III         Armed Sexual Battery

                                   Count IV         Child Abuse

03/08/99         Jury returned guilty verdicts on all counts of the indictment

04/23/99         Jury recommended a death sentence for each count by votes of 11-1

06/03/99         Sentenced as follows:

                                   Count I           First-Degree Murder – Death

                                   Count II          First-DegreeMurder – Death

                                   Count III         Armed Sexual Battery– 19 years, 9 months, 15 days

                                   Count IV         Child Abuse – 5 years


Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# SC95972

802 So. 2d 1121


07/01/99         Appeal filed

09/13/01         FSC affirmed convictions and sentences

12/13/01         Rehearing denied and Mandate issued


U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 01-9298

535 U.S. 1103


03/13/02         Petition filed

05/28/02         USSC denied Petition


Circuit Court – 3.851 Motion

CC# 97-351


05/28/03         Motion filed

05/12/04         Evidentiary Hearing held

07/12/04         CC denied Motion


Florida Supreme Court – 3.851 Motion Appeal

FSC# 04-1611

955 So. 2d 550


08/16/04         Appeal filed

04/12/07         FSC affirmed denial of the motion

05/07/07         Mandate issued


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

USDC# 07-333


06/11/07         Petition filed

09/17/09         Petition dismissed


U.S. Court of Appeals, 11th Circuit – Petition forWrit of Habeas Corpus Appeal

USCA# 09-14820


09/22/09         Appeal filed

10/30/09         COA denied


U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 09-7493


11/04/09          Petitionfiled

06/21/10          Petitiongranted; judgment vacated and case remanded to USCA


Case Information:


On 07/01/99, Ford filed a Direct Appeal with the FloridaSupreme Court, citing the following errors: improper prosecution commentsduring the closing arguments of the guilt and penalty phases of trial; thecorrectness of charging Ford with Child Abuse; insufficient evidence to supportthe finding of the cold, calculated, and premeditated murder aggravatingcircumstance; and failure to consider all mitigating evidence.  The FSCaffirmed the convictions and sentences on 09/13/01. 


On 03/13/02, Ford filed a Petition for Writ of Certiorariwith the U.S. Supreme Court, which was denied on 05/28/02.


On 05/28/03, Ford filed a 3.851 Motion with the CircuitCourt.  On 05/12/04, an Evidentiary Hearing was held and, on 07/12/04, theCircuit Court denied the motion. 


On 08/16/04, Ford filed a 3.851 Motion Appeal with theFlorida Supreme Court and, on 04/12/07, the FSCaffirmed the denial of the motion.


On 06/11/07, Ford filed a Petition for Writ of Habeas Corpuswith the United States District Court, which was dismissed on 09/17/09. On09/22/09, Ford filed a Petition for Writ of Habeas Corpus Appeal with the U.S.Court of Appeals, Eleventh Circuit. On 10/30/09, the U.S. Court of Appeals,Eleventh Circuit, denied the Certificate of Appealability.


On 11/04/09, Ford filed a Petition for Writ of Certiorariwith the U.S. Supreme Court, which was granted on 06/21/10. The judgment wasvacated and case remanded for further consideration in light of Holland v.Florida.



Report Date:   07/26/02          JFL

Approved:       08/06/02          WS

Updated:         01/25/11          JJK