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Thread: Derrick Leon McLean - Florida

  1. #1
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    Derrick Leon McLean - Florida




    Facts of the Crime:

    McLean shot Jahvon Thompson during a home invasion on North Lane on November 24, 2004. Jahvon, who did not live at the apartment, was visiting his father from Connecticut. McLean and James Jaggon, Jr., who was 16 at the time, went there to find drugs and cash. The teen knew that Jahvon's father, Andrew Thompson, sold drugs, O'Kane said. Jaggon pointed a gun at the teen while McLean ransacked the place.

    At some point, neighbor Theothlus Lewis, Jr. heard noise inside and went to complain. McLean shot Lewis in the back, but the neighbor survived. McLean also fired the gun several times at Jahvon, who was pronounced dead at Florida Hospital Orlando. McLean got away with five pounds of marijuana in a pillowcase. Jaggon was sentenced last year to 23 years in prison. Maurice Lewin, who was 22 at the time and was driving the getaway car, was sentenced to 20 years.

    McLean was sentenced to death in Orange County on November 30, 2007.

  2. #2
    Senior Member CnCP Legend JLR's Avatar
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    Case Information:

    On 12/12/07, McLean filed a Direct Appeal in the Florida Supreme Court. McLean raised four claims: the trial court erred by admitting photographic and live lineup identifications when law enforcement did not offer assistance of counsel; the trial court erred in conducting a portion of the Nelson hearing in camera, outside McLean‘s presence; the trial court erred in instructing the jury on the avoid-arrest aggravator; and the death sentence is disproportionate to the nature of the crime committed. Oral arguments were held on 10/08/09, and on 02/11/10 the Florida Supreme Court affirmed McLean’s conviction and sentence. A mandate was issued on 03/11/10.

    McLean filed a Petition for Writ of Certiorari in the United States Supreme Court on 05/12/10. This petition was denied on 10/04/10.

  3. #3
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    DERRICK MCLEAN V THE STATE OF FLORIDA DERRICK MCLEAN V MICHAEL D. CREWS

    In today's opinions, the Florida Supreme Court AFFIRMED the circuit court's DENIAL of McLean's motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.851 and DENIED his petition for a writ of habeas corpus.
    An uninformed opponent is a dangerous opponent.

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  4. #4
    Administrator Moh's Avatar
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    On September 8, 2014, McLean filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/flo...cv01463/301838

  5. #5
    Senior Member CnCP Legend JLR's Avatar
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    Three death sentences vacated in Orange County

    Orange County prosecutors gave few answers Friday during the first death-penalty hearings since State Attorney Aramis Ayala announced that her office will no longer be seeking capital punishment for defendants.

    During the hearings, three judges vacated the death sentences of three men who were sentenced to death years ago without unanimous jury decisions: Derrick McLean, Sean Smith and David Frances.

    “Those will be assessed on a case-by-case basis,” Assistant State Attorney Ken Nunnelley said Friday, when Judge Bob LeBlanc asked whether his office intends to seek the death penalty again for Frances.

    Since the three men were sentenced, courts have ruled that Florida’s former practice of requiring only a majority of jurors to recommend the death penalty is unconstitutional. Jurors now have to be unanimously in favor of sending defendants to death row.

    Courts across the state have been vacating non-unanimous capital punishment sentences and preparing to give death-row inmates new proceedings in front of new juries, which will decide whether the defendants should be put to death or get life in prison.

    But those proceedings require prosecutors, and it is not clear whether attorneys from Ayala’s office will push again for capital punishment.

    Ayala last week was vague about how her office will handle the cases of 10 people sent to death row by non-unanimous juries.

    “I have absolutely no guidance on that issue,” Nunnelley said Friday, when Judge Julie O’Kane asked what his office plans to do in McLean’s case.

    In Smith’s case, Judge Marc Lubet cautioned prosecutors not to wait too long to come to a decision. “I don’t think I can allow the state to wait until the last minute,” he said.

    All three cases are scheduled for another status hearing in early May.

    McLean, now 39, was sentenced to death by a 9-3 jury vote for the murder of 16-year-old Jahvon Thompson during a home invasion in 2004. When a neighbor heard noise coming from the home and came to ask the family to keep quiet, McLean shot him in the back. The neighbor survived.

    Smith, who is also known as Dolan Darling and is now 40, was convicted of raping and murdering a 39-year-old woman named Grace Mlynarczyk in her apartment in 1996. A jury sent him to death row by a vote of 11-1 in 1998. At the time of the murder, Smith was 22 and a fugitive, having escaped from jail in the Bahamas.

    Frances and his younger brother, Elvis Frances, were convicted of strangling 41-year-old Helena Mills and her 17-year-old niece, Jo Anna Charles, in Mills’ home in 2000. Mills’ son, who was 13, found their bodies. David Frances, now 36, was sentenced to death by a vote of 9-3 on one count and 10-2 on the other. His brother, who was 16 at the time of the murders, was sentenced to life in prison.

    http://www.orlandosentinel.com/news/...321-story.html

  6. #6
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    July 24, 2017

    Sentence reduced to life in prison for 3 Orange County death row inmates

    wftv.com

    Death sentences in three long-running Orange County murder cases were thrown out Friday. The defendants will instead serve a life sentence in prison, unless State Attorney Aramis Ayala agrees to re-try the punishment portions of their cases and purse the death penalty a second time.

    The three defendants had asked to have their death sentences thrown out based on having been sentenced by a non-unanimous jury, in violation of a recent and partially retroactive ruling from the state Supreme Court known as the Hurst ruling.

    Derrick McLean was 27 years old at the time of his 2004 crime. He was convicted of killing 15-year-old Jahvon Thompson during a home burglary, originally meant to net either cash or marijuana for McLean, a cousin of his, and an acquaintance. A jury voted 9-3 to sentence him to death.

    David Frances was 20 years old when he killed Helena Mills, a family friend who he was said to have known for some time, and JoAnna Charles, a visitor in Mills’ home. The murders were committed in conjunction with a car burglary and jewelry theft, potentially motivated by a demand that Frances move out of the home in which he’d been living. The jury voted 9-3 for death as it related to Mills’ murder and 10-2 for death as it related to Charles’ murder.

    Sean Smith, also known as Dolan Darling, was 20 years old when he raped and murdered an Orange County woman after breaking into her home. During the penalty phase of Smith’s trial, a taxi driver from the area testified Smith was the same man who shot him while he was working one night. The jury ultimately sentenced Smith to death in an 11-1 vote.

    The defendants have had their cases remanded to local courts for the purposes of determining whether they fall under the retroactive protections of the Hurst case. In court Friday, the attorney general’s office opposed the defendants’ motions for post-conviction relief, arguing that none of the three are entitled to new punishment hearings.

    In McLean’s case, Orange and Osceola County State Attorney Aramis Ayala’s office has also signed on in opposition to a new punishment hearing or the discarding of McLean’s original death sentence.

    The prevailing theory from the state was that each of the crimes was awful enough to have convinced a jury to vote unanimously for death should such a vote have been required at the time. Modern trials involving the death penalty would include written instructions for jurors requiring that a death sentence be unanimously voted upon.

    However, Ayala’s recent affirmation of her unwillingness to seek the death penalty while in office raises questions for old cases that find themselves newly in-flux. Should a judge rule that the Hurst ruling applies, any or all of these cases and eight others could end up having the defendants’ punishment retried in front of a new jury if Ayala and her associates are willing to fight for the death penalty for a second time.

    Ayala’s unwillingness to fight for the death penalty against any defendant who wins relief from his original death sentence would likely result in his temporary life without parole sentence becoming permanent.

    For two weeks, Ayala’s and her spokesperson have confined their remarks on the future of cases like these to saying cases would be examined individually, and that any outcome was dependent upon an unspecified mandate from the state supreme court.

    Ayala’s office has been unable to specify what form that mandate might take, what might prompt it or when it might come.

    By contrast, WFTV Legal Analyst and former Chief Judge Belvin Perry told Eyewitness News no such mandate was in the pipeline. Additionally, the judges in Friday’s hearings appeared to expect an immediate answer as to what Ayala’s office intended to do with each case. They cited confusion surrounding Ayala’s original announcement as a reason for requesting an unambiguous answer.

    Assistant State Attorney Kenneth Nunnelly offered no excuses regarding a pending mandate. Instead he promised a decision soon.

    https://www.wftv.com/news/local/sent...ates/505758767

  7. #7
    Administrator Helen's Avatar
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    Former death row inmate back in front of jury for resentencing

    The jury will decide if Derrick McLean should be sent back to death row, or be sentenced to life in prison.

    A former death row inmate is back in front of a jury, marking the 1st case of its kind in Orange County to be sent back for resentencing.

    Derrick McLean was sentenced to death for the 2004 murder of 16-year-old Jahvon Thompson during a home invasion on North Lane in Orlando.

    The last time McLean was sentenced, it was 9-to-3 in favor of the death penalty.

    The courts have since ruled that the death penalty must be unanimous. If a unanimous decision is not reached, McLean will get life in prison.

    https://www.wftv.com/news/local/form...HSAZLN7JPIH2A/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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  8. #8
    Senior Member CnCP Legend Mike's Avatar
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    Man Convicted of Killing Orlando Teen Off Death Row, Lands Life Sentence

    By Kevin Connolly
    My News 13

    A man convicted of killing a 16-year-old boy during a 2004 home invasion in Orange County was re-sentenced in an Orlando courtroom on Wednesday to life in prison.

    McLean won a resentencing hearing because of a court ruling requiring jury unanimity for death-penalty recommendations.

    In McLean’s case, a jury in Orlando voted 9-3 in 2007 to execute the killer by lethal injection, a recommendation approved by a judge.

    Records show he shot Jahvon three times in the chest after breaking into the apartment the teen shared with his father.

    McLean and two accomplices had hoped to steal marijuana or cash from Jahvon’s father during the home invasion.

    His resentencing is one of many death-penalty assigned to State Attorney Brad King, the top prosecutor for Marion, Citrus, Lake, Sumter, and Hernando counties.

    King confirmed McLean’s resentencing to Spectrum News 13 late Wednesday.

    Former Gov. Rick Scott reassigned McLean’s resentencing and 20 other death-penalty cases to King after Orlando’s top prosecutor -- Orange-Osceola State Attorney Aramis Ayala -- revealed her opposition to executions.

    Ayala is not seeking re-election. Voters in Orange and Osceola counties will select a new top prosecutor this year.

    https://www.mynews13.com/fl/orlando/...life-sentence-
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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