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
JonesDavid 914949RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
3/5/2007USDC07-146Habeas petition
6/3/2010USCA10-11497Certificate of Appealibility Denied
8/30/2010USSC10-6195Petition for Writ of Certiorari
11/1/2010USSC10-6195Petition Denied
11/1/2010USSC10-6195Petition Denied
9/21/2007CC95-1632Successive 3.851
3/23/2011CC95-1632Successive 3.851 Motion

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
BrodyHarry P.Sarasota, FLP.O. Box 503934277-5039941/350-4376 


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date

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. 


JONES, David (W/M)

DC#    914949

DOB: 03/08/58


­­­Fourth Judicial Circuit, Duval County Case # 95-1632

Sentencing Judge: The Honorable William Wilkes

Attorney, Trial: Alan Chipperfield – Assistant PublicDefender

Attorney, Direct Appeal: W.C. McLain – Assistant PublicDefender

Attorney, Collateral Appeals:  Harry Brody – Registry


Date of Offense:        01/31/95

Date of Sentence:       04/25/97


Circumstances of Offense:


Lori McRae left the post office where she worked at 12:35a.m. on 01/31/95 and drove away in her red and gray Chevrolet Blazer.  Shecalled her husband to tell him that she was stopping at the Winn-Dixie on theway home.  When she did not arrive at 1:45 a.m., her husband called thepolice. 


A Walgreen’s employee, Clayton Chou, who worked at the storeadjacent to the Winn-Dixie reported seeing Lori McRae approached by and engagedin a conversation by a man in the store.  Chou picked Jones out of aphotographic lineup.  David Jones was the last person seen with LoriMcRae. 


On 01/31/95, a man, later identified as Jones, drove a redBlazer to an automobile detailing business and inquired about having the insideof the vehicle cleaned.  The owners of the business noticed that the manhad several tattoos and had scratches on his face.  Later, one of theowners, Dennis Marsh, saw a picture of a red Blazer on a news report thatlinked the Blazer to the disappearance of McRae.  Marsh telephoned policeand later picked Jones out of a photographic lineup. 


ATM surveillance records showed a man, later identified asJones, withdrawing money from McRae’s account.  Over a 35 hour period, 105transactions were attempted, with 11 successful in obtaining a total of$600. 


Police staked out ATMs and arrested Jones, who was driving ared Blazer whose tag number matched McRae’s Blazer.  Police found traceamounts of blood in the vehicle. 


On 02/21/95, after his arrest, Jones told correctionalofficers that he needed to talk to police, saying “I need to confess and I needto tell where the body is.”  Jones confessed to the murder to correctionalofficers and later to Detective Parker of the Jacksonville PoliceDepartment.  Jones led police to the body, which was dumped in BakerCounty.  McRae’s body was severely decomposed, and the time of death wasdetermined to be three weeks earlier.  The cause of death was ligaturestrangulation with a cord.  McRae’s body was bound around the legs, hadbruising to the extremities, and defensive wounds.


Additional Information:


Jones was arrested and pled guilty to the Second-DegreeMurder of Jasper Highsmith.  The murder occurred after Jones escaped from jail,where he was being held on a Burglary charge.  On 03/19/87, Jones wassentenced to a prison term of 20 years. 


Prior Incarceration History in the State of Florida:



Offense Date


Sentence Date


Case No.

Prison Sentence Length






20Y 0M 0D






5Y 0M 0D






5Y 0M 0D



Trial Summary:


02/13/97         Indicted as follows:

                                   Count I:          First-Degree Murder

                                   Count II:         Robbery

                                   Count III:        Kidnapping

03/21/97         Jury returned guilty verdicts on all counts of the indictment

04/10/97         Jury recommended death by a vote of 9-3

04/25/97         Sentenced as follows:

                                   Count I:          First-Degree Murder – Death

                                   Count II:         Robbery – 15 years

                                   CountIII:        Kidnapping – Life Imprisonment


Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 90,664

748 So. 2d 1012


05/30/97         Appeal filed

11/12/99         FSC affirmed convictions and sentences

01/12/00         Rehearing denied

02/17/00         Mandate issued


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

USSC# 99-8980

530 U.S. 1232


04/10/00         Petition filed

06/12/00         USSC denied Petition


Circuit Court – 3.850 Motion

CC# 95-1632


06/12/01         Motion filed

04/28/03         Motion amended

10/27/04         CC denied Motion


Florida Supreme Court – 3.850 Motion Appeal

FSC# 04-2217

949 So. 2d 1021


11/18/04         Appeal filed

12/14/06         FSC affirmed denial of motion

02/15/07         Rehearing denied

03/05/07         Mandate issued


Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 05-1612

949 So. 2d 1021


09/06/05         Petition filed

12/14/06         FSC denied petition

03/05/07         Mandate issued


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

USDC #07-cv-00146


03/05/07         Petition filed

03/09/10         Petition denied


Circuit Court – 3.850 Motion

CC# 95-1632


09/21/07         Petition filed

09/16/08         Petition denied


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



04/02/10         Appeal filed


United States Supreme Court – Petition for Writ ofCertiorari

USSC# 10-6195


08/30/10         Petition filed

11/01/10         Petition denied


Circuit Court – Successive 3.851 Motion

CC# 95-1632



03/23/11         Motion filed


Factors Contributing to the Delay in Imposition ofSentence:


The United States District Court Habeas Corpus Petition hasbeen pending since 03/05/07.


The 3.850 Motion was pending from 06/12/01 – 10/27/04.


Case Information:


Jones filed a Direct Appeal with the Florida Supreme Courton 05/30/97, citing the following errors:  failing to suppress thestatements to Detective Parker and correctional officers; improper comments bya State witness as to Jones’ right to remain silent; introducing irrelevant evidenceof racial prejudice; failing to establish sufficient evidence of premeditation;excluding testimony of an expert on the effects of crack cocaine addiction;allowing details of the Highsmith murder into the penalty phase; refusing toallow Jones’ prior counsel to testify regarding the contents of a competencyevaluation performed during the 1986 murder proceeding; failing to establishsufficient evidence to support the aggravating factor of murder to avoidarrest; denying a motion for counsel to withdraw; failing to find error in thevictim impact evidence; failing to find error in the instructions on theheinous, atrocious, or cruel and felony-murder aggravating factors; and theconstitutionality if the death penalty.  On 11/12/99, the FSC affirmed theconvictions and sentences. 


Jones filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 04/10/00 that was denied on 06/12/00. 


Jones filed a 3.850 Motion with the Circuit Court on06/12/01 and amended the motion on 04/28/03.  The motion was denied on10/27/04.


Jones filed a 3.850 Motion Appeal with the Florida SupremeCourt on 11/18/04, raising allegations of ineffective assistance ofcounsel.  On 12/14/06, the FSC affirmed the denial of the motion. 


Jones filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 09/06/05, raising allegations of ineffectiveassistance of counsel.  On 12/14/06, the FSC denied the petition.


On 03/05/07, Jones filed a Petition for Writ of HabeasCorpus in the U.S. District Court, Middle District.  This petition wasdenied on 03/09/10.


Jones filed a Successive Motion to Vacate in the CircuitCourt on 09/21/07 that was denied on 09/16/08.


On 04/02/10, Jones filed a Petition for Writ of HabeasCorpus Appeal with the United States Court of Appeals, 11th Circuit.  Thisappeal is still pending.


On 08/30/10, Jones filed a Petition for Writ of Certiorariwith the United States Supreme Court.  This petition was denied on11/01/10.


On 03/23/11, Jones filed a Successive 3.851 Motion in theCircuit Court.  This motion is currently pending.


Institutional Adjustment:




DATE                  DAYS                   VIOLATION                                     LOCATION      

09/22/98              116                       UNAUTH USE OF DRUGS              FLORIDA STATE PRISON

10/18/98              30                         POSS OF CONTRABAND                FLORIDA STATE PRISON

10/16/01             180                       UNAUTH USE OF DRUGS              UNION C.I.        




Report Date:  07/07/04          JFL

Approved:      07/08/04          EW

Updated:         04/18/11         CAR