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
DerrickSamuel 097494RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
8/29/2005FSC05-15593.850 Appeal
7/10/2006FSC06-1380Habeas Corpus
3/25/2008FSC06-1380Motion for rehearing
5/29/2008FSC06-1380Rehearing denied
7/17/2007CC87-17753.853 Motion
11/7/2007CC87-1775Status Conference
12/20/2007CC87-1775Motion granted

Current Attorney

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


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
BrodyCRC 87-01775 CFAWSMillsPascoNorth-P6/19/20038/7/2003

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. 


DERRICK, Samuel (W/M)

DC#     097494

DOB:   04/05/67


Sixth Judicial Circuit, Pasco County Case # 87-1775

Sentencing Judge: The Honorable Edward H. Bergstrom, Jr.

Attorney, Trial: Robert S. McClure & Stephen Dehnart – Assistant Public Defender

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

Attorney, Collateral Appeals:  Harry Brody – Registry


Date of Offense:          06/24/87

Date of Sentence:        07/25/88

Date of Resentence:      12/11/91


Circumstances of Offense:


On 06/25/87, at 6:30 a.m., a passerby, Harry Lee, found RamaSharma’s body on a path in the woods near Sharma’s convenience store in PascoCounty.  A trail of blood led from the body to a blood puddle twenty feetaway.  A piece of a t-shirt and two sets of tennis shoe prints, one ofwhich belonged to Lee, were found near the body.  Evidence showed thatSharma was stabbed thirty-one times and died approximately ten to fifteenminutes after the last wound was inflicted. 


Samuel Derrick was implicated in the murder by his friend,David Lowry, who testified at trial that Derrick told him that he killedSharma.  After arrest, Derrick confessed to the murder, stating that heintended to rob the store and jumped Sharma as he left the store.  WhenSharma turned to run back to the store, Derrick grabbed him.  Sharmarecognized Derrick and started screaming, and Derrick admitted stabbing Sharma“to shut him up.”  Derrick tore off a piece of his shirt that had blood onit and took $360 from Sharma’s pocket. Derrick disposed of the knife in thewoods and some clothing and shoes in a pond. 


Trial Summary:


07/14/87          Indictedas follows:

                                    Count I:           First- Degree Murder

05/12/88          Juryreturned a guilty verdict

05/13/88          Jury recommendeda death sentence by a vote of 8-4

07/25/88          Sentencedas follows:

                                    CountI:           Fist-Degree Murder – Death

12/11/91          Juryrecommended a death sentence by a vote of 7-5

12/11/91                      Sentencedas follows:

                                    CountI:           First-Degree Murder – Death                        



Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 73,076

581 So.2d 31


09/22/88         Appeal filed

03/21/91         FSC affirmed conviction, but vacated the death sentence and remanded to

thetrial court for a new sentencing hearing.

06/27/91         Rehearing denied

07/29/91         Mandate issued


Florida Supreme Court – Direct Appeal (afterresentencing)

FSC# 79,143

641 So.2d 378


01/06/92         Appeal filed

06/23/94         FSC affirmed death sentence

08/31/94         Rehearing denied

09/30/94         Mandate issued


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

USSC# 94-6961

513 U.S. 1130


11/22/94         Petition filed

01/23/95         USSC denied petition


Circuit Court – 3.850 Motion

Case# 87-1775


03/24/97         Motion filed

09/03/99         Motion amended

12/03/01         Motion amended

07/18/05         CC denied motion


Florida Supreme Court – 3.850 Motion Appeal

FSC# 05-1559

983 So.2d 443


08/29/05         Appeal filed

02/07/08         Appeal denied

02/22/08         Motion for rehearing

05/29/08         Rehearing denied


Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 06-1380

983 So.2d 443


07/10/06         Petition filed

02/07/08         Petition denied

02/22/08         Motion for rehearing

05/29/08         Rehearing denied


Circuit Court – 3.853 Motion

Case# 87-1775


07/17/07         Motion filed

12/20/07         Motion granted


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

USDC# 08-01335



07/11/08         Petition filed


Factors Contributing to the Delay in Imposition ofSentence:


The 3.850 Motion was pending from 03/24/97 – 07/18/05.


Case Information:


On 09/22/88, Derrick filed a Direct Appeal with the FloridaSupreme Court, citing the following errors:  discovery violations; Derrickwas shackled during the trial; prejudice due to media coverage of the trial;restricting defense counsel’s cross-examination of certain witnesses; admissionof fellow inmate testimony during the penalty phase of trial; and improperfinding of the cold, calculated, and premeditated and avoiding arrestaggravating circumstances.  On 03/21/91, the FSC affirmed the conviction,but vacated the sentence and remanded the case to the trial court for a newsentencing hearing.


On 01/06/92, Derrick filed a Direct Appeal with the FloridaSupreme Court, citing the following trial court errors:  improper responseto a jury inquiry; improper instruction on the murder committed during thecommission of a felony and pecuniary gain aggravating circumstances; andunsupported finding of the avoiding arrest and heinous, atrocious, or cruelaggravating circumstances.  The FSC did not comment on the following threeclaims of trial court error:  failure to consider all non-statutorymitigating circumstances, considering that the murder was committed during afelony, and proportionality of the death penalty.  The FSC affirmed thedeath sentence on 06/23/94.


On 11/22/94, Derrick filed a Petition for Writ of Certiorariwith the U.S. Supreme Court that was denied on 01/23/95. 


On 03/24/97, Derrick filed a 3.850 Motion with the CircuitCourt that was amended on 09/03/99 and 12/03/01.  The Circuit Court deniedthe motion on 07/18/05. 


On 08/29/05, Derrick filed a 3.850 Appeal with the FloridaSupreme Court that is pending. 


On 07/10/06, Derrick filed a Petition for Writ of HabeasCorpus with the Florida Supreme Court that was denied on 02/07/08.


Derrick filed a 3.853 Motion for DNA testing on 07/17/07that was granted on 12/20/07. The DNA testing will be done at a lab in Dallas,Texas.


On 07/11/08, Derrick filed a Petition for Writ of Habeas Corpuswith the U.S. District Court, Middle District, which is pending.


Institutional Adjustment:





DATE     DAYS                VIOLATION                           LOCATION      


10/30/90     15           POSS OFNEGOTIABLES      FLORIDA STATE PRISON

09/03/92     30           FIGHTING                              FLORIDA STATE PRISON

12/15/93     0             POSSOFCONTRABAND            UNION C. I.        

10/19/95      0            UNARMEDASSAULT                  UNION C. I.        

09/24/00      0            DEFACING STATE PROP.           UNION C. I.        

11/07/01     30           MISUSE OF STATEPROP            UNION C. I.




Report Date:  11/09/01          JFL

Approved:      12/03/01          WS

Updated:         10/25/10         JJK