DC#  083905
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 – Assistant Public Defender
Attorney, Collateral Appeals:  Robert Strain & Carol Rodriguez – 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 their relationship was marked by verbal and physical confrontations, including Ferrell threatening to kill Williams. 

On 04/18/92, neighbors overheard the couple arguing and observed Ferrell enter and exit the apartment several times.  When he left the apartment the final time, he told one of the neighbors that he had killed Williams and the cops should be called.  Ferrell then drove away in his car.

Williams was found on the apartment floor with two gunshot wounds to the head, and she died ten days later due to hemorrhaging in the brain.   At the time of Ferrell’s arrest, his breath smelled of alcohol, and he admitted to drinking heavily that day.

Prior Incarceration History in the State of Florida:

05/11/92          Indicted as follows:

Count I            First-Degree Murder

Count II           Possession of a Firearm by a Felon

02/04/93          Jury returned guilty verdicts on all counts of the indictment

03/09/93          Jury recommended a death sentence by a vote 10-2

04/21/93          Sentenced as follows:

Count I            First-Degree Murder – Death

Ferrell filed a Direct Appeal with the Florida Supreme Court on 04/29/93, citing the following errors:  admission of evidence of a collateral crime; denial of a motion to appoint co-counsel; denial of penalty phase jury instructions; imposition of a death sentence without making written findings of fact; and death sentence based on one aggravating circumstance and seven mitigating circumstances.  The FSC agreed that the court’s failure to document the findings of fact for aggravating and mitigating circumstances in the sentencing order was improper. 

On 02/16/95, the FSC affirmed Ferrell’s convictions, vacated his death sentence, and remanded the case to the Circuit Court for a new sentencing order.

Ferrell filed a Direct Appeal, after a new sentencing order was issued, with the Florida Supreme Court on 01/05/96, citing the following errors:  trial court overlooked mitigating mental health testimony and the death sentence was disproportionate compared to other cases with one aggravating circumstance.  The FSC affirmed the death sentence on 04/11/96.

Ferrell filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/02/97 that was denied on 03/17/97.

Ferrell filed a 3.850 Motion 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 3.850 Motion Appeal with the Florida Supreme Court on 07/03/02, alleging ineffective assistance of counsel.  On 06/16/05, the FSC affirmed the denial of the motion.

Ferrell filed a Petition for 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 the petition.