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Thread: Jerry Michael Wickham - Florida

  1. #1
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    Jerry Michael Wickham - Florida




    Facts of the Crime:

    On March 5, 1986, Jerry Wickham, accompanied by friends and family, was driving along Interstate-10 when he realized that they hardly had any money for gas or other expenses necessary to continue traveling. One member of the party suggested that they stop at a local church for help. Wickham and others decided, however, that they should commit a robbery to obtain the travel money instead of asking a church. Upon reaching Tallahassee, the group exited the interstate and began driving north along Thomasville Road towards the Florida-Georgia border. The group pulled off the highway, close to the border, at which time the men hid and the women and children flagged down a passing car under the guise of needing help.

    When Morris “Rick” Fleming stopped to help and found nothing wrong with the car, Wickham jumped out of his hiding place, pointing a gun at Fleming. Seeing this, Fleming turned around and began walking back towards his vehicle. Wickham then shot Fleming in the back, the impact of which caused him to spin around and face Wickham directly. Wickham then shot Fleming in the chest once, at which time the victim began to beg for his life. Wickham then fatally shot Fleming twice in the head. The group took all the money he had, $4.05, and continued on to a nearby gas station where they purchased some gas. It was there that Wickham changed and threw away his bloodstained clothes. Wickham, while driving back towards Tallahassee, instructed the other members of his party to dispose of the used and unused bullet shells by throwing them out the window. The group continued towards Tampa, stopping along the way at a church to obtain more money for traveling expenses.

    Wickham was sentenced to death in Leon County on December 8, 1988.

  2. #2
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    September 28, 2008

    Fla. court reverses a death sentence

    The Florida Supreme Court on Thursday ordered a new evidentiary hearing in a 22-year-old Leon County murder case and said it must be sent outside the 2nd Judicial Circuit to avoid any appearance of judicial bias.

    The court ordered the hearing on behalf of death-row inmate Jerry Wickham, who was convicted of a 1986 murder and robbery.

    Wickham raised numerous ineffective assistance claims against his trial attorney, Philip Padovano, who went on to become a judge in the 2nd Circuit, where his wife is also a judge.

    Wickham claimed Padovano, now an Appellate Judge on the 1st District court of Appeal, could bias all the judges in the 2nd Circuit. The high court agreed.

    "Wickham's motion demonstrated a well-founded fear of judicial bias ... and should have been granted," the court wrote.

    Wickham was convicted of robbing and murdering Morris "Rick" Fleming in March 1986. Fleming had about $4 in his pockets, court records showed.

    (Source: The Associated Press)

  3. #3
    Senior Member CnCP Legend JLR's Avatar
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    Factors Contributing to the Delay in the Imposition of the Sentence:

    Wickham filed a 3.850 Motion in the State Circuit Court in 1995, which dismissed nearly three years later. On 9/26/00, a motion to allow Wickham to file an amended 3.850 Motion was granted. That motion took over four years to be denied. On 7/8/09, the 3.850 Motion was reopened in State Circuit Court, which was remanded from the Florida Supreme Court. The Florida Supreme Court appointed a judge outside the 2nd circuit, Judge Willard Pope of the 5th circuit, to preside over further proceedings.

    Case Information:

    On 01/05/89, Wickham filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the trial court erred in limiting the testimony about his inability to form specific intent to commit premeditated murder and that the trial court erred in allowing the State to present evidence of an attempted escape plan from the Leon County jail. The Florida Supreme Court found no merit to these claims. Wickham also contended that the trial court erred in its application of the heinous, atrocious or cruel (HAC) aggravating factor and in failing to find and weigh evidence available in mitigation. The Florida Supreme Court agreed with Wickham but determined that these errors to be harmless in lieu of the numerous aggravating circumstances. On 12/12/91, the Florida Supreme Court affirmed Wickham’s convictions and sentence of death.

    On 05/04/92, Wickham filed a Petition for Writ of Certiorari in the United States Supreme Court that was subsequently denied on 06/22/92.

    On 05/22/95, Wickham filed a 3.850 Motion in the State Circuit Court and was dismissed on 02/26/97. On 09/26/00, a motion to file an amended 3.850 Motion was granted. On 01/24/05, the Motion was denied.

    Wickham filed a 3.850 Motion Appeal in the Florida Supreme Court on 06/09/05. On 09/25/08, the Florida Supreme Court reversed the Circuit Court’s denial of the 3.850 Motion and remanded for a new Evidentiary Hearing. On 01/15/09, the Florida Supreme Court issued a mandate in this case.

    Wickham filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 06/20/07. On 12/23/08, the Florida Supreme Court dismissed this petition without prejudice to re-file.

    On 07/08/09, the 3.850 Motion was reopened in the State Circuit Court, which was remanded from the Florida Supreme Court. The Florida Supreme Court, however, appointed a judge outside of the 2nd circuit, Judge Willard Pope of the 5th circuit, to preside over further proceedings. On 04/19/10, the Evidentiary Hearing was held and, on 04/07/11, the motion was denied.

  4. #4
    Administrator Heidi's Avatar
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    JERRY MICHAEL WICKHAM v. STATE OF FLORIDA
    CASE NO. SC11-1193


    3.851 APPEAL AND A PETITION FOR WRIT OF HABEAS CORPUS

    Oral arguments in the Florida Supreme Court begin in 15 minutes. You can view the live stream here.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  5. #5
    Administrator Heidi's Avatar
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    OK I am able to view the arguments on Florida Channel Web 1

    http://thefloridachannel.org/

    I must say I am stoked about this find!!
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    JERRY MICHAEL WICKHAM V THE STATE OF FLORIDA, MICHAEL D. CREWS, etc.,

    In today's opinions, the Florida Supreme Court DENIED Wickham's motion for postconviction relief filed under Florida Rule of Criminal Procedure 3.851, and petition for a writ of habeas corpus.

    Defendant was convicted of first-degree murder and sentenced to death. The Supreme Court affirmed Defendant's conviction and death sentence on direct appeal. Defendant subsequently filed a motion for postconviction relief. The trial court denied the motion after an evidentiary hearing. The Supreme Court remanded for a new evidentiary hearing, after which the circuit court issued an order denying postconviction relief on all claims. Defendant appealed and petitioned the Supreme Court for a writ of habeas corpus. The Court affirmed the denial of Defendant's motion for postconviction relief and denied his habeas petition, holding (1) the State did not commit Brady v. Maryland violations during trial or violate Giglio v. United States by failing to correct false or misleading testimony; (2) Defendant was given effective assistance of counsel at trial; (3) Defendant's claims that he was tried while incompetent were procedurally barred and without merit; and (4) because Defendant failed to demonstrate either deficient performance or prejudice on the part of his trial counsel, his habeas petition failed.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    JERRY MICHAEL WICKHAM v STATE OF FLORIDA, JERRY MICHAEL WICKHAM v MICHAEL D. CREWS, etc., REVISED OPINION

    SC11-1193 SC12-303 REHEARING ORDER

    In light of the revised opinion, the Appellant/Petitioner’s Motion for Rehearing was granted.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  8. #8
    Administrator Moh's Avatar
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    On November 13, 2014, Wickham filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/flo...4cv00611/78730

  9. #9
    Moderator Dave from Florida's Avatar
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    Wickham passed away according to the DOC. He is the 40th inmate to die on the row since 2005 compared to 27 executions by death warrant.

    Jeb Bush. 1
    Charlie Crist. 5
    Rick Scott. 21
    Last edited by Dave from Florida; 01-22-2015 at 06:27 PM.

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