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Thread: Tavares Jerrod Wright - Florida Death Row

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    Tavares Jerrod Wright - Florida Death Row




    Summary of Offense:

    On April 20, 2000, Wright carjacked, kidnapped, robbed and murdered James Felker, 18, and David Lee Green. 21. Wright waived a jury recommendation of punishment and asked the judge to sentence him. In aggravation, Wright had multiple convictions for violent felonies and was already serving two life sentences for a drive-by-shooting the morning before this killing. In mitigation, the defense argued that he had a difficult upbringing and an anti-social personality disorder. The defense further argued that it was really Wright’s accomplice who was responsible for the deaths because Wright was under his control.

    Wright was sentenced to death in Polk County on October 13, 2005.

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    Case Information:

    On 11/15/07, Wright filed his initial brief in the Florida Supreme Court, raising the following issues on appeal: (1) the trial court erred and abused its discretion when it denied the defendant’s motion in limine to exclude collateral crimes evidence, which then became a feature of the trial and caused a prejudicial effect to outweigh its probative value; (2) the trial court erred in denying the defendant’s motions that the Florida death sentencing statutes are unconstitutional under the Fifth, Sixth, and Fourteenth Amendments of the United States Constitution as shown in Ring v. Arizona; (3) the trial court erred in finding it proven beyond a reasonable doubt that these murders were aggravated by the circumstance that they were committed in a cold, calculated, and premeditated manner; and (4) the trial court erred in finding it proven beyond a reasonable doubt that these murders were aggravated by the circumstance that they were committed for the purpose of avoiding or preventing lawful arrest. On 09/03/09, the Florida Supreme Court affirmed the conviction and sentence.

    On 11/05/10, Wright filed a 3.851 Motion in Circuit Court. This motion is pending.

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    Administrator Heidi's Avatar
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    TAVARES WRIGHT v STATE OF FLORIDA

    In today's Florida Supreme Court opinions, the court AFFIRMED the postconviction court’s order denying Wright’s rule 3.851 motion. The court also ruled that Wright is not entitled to relief pursuant to Hurst v. Florida.
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    Senior Member CnCP Legend Mike's Avatar
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    So, people who waived their jury won't be helped by Hurst?
    "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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    State Supreme Court rejects condemned murderer’s appeal

    By Suzie Schottelkotte
    The Ledger

    BARTOW — While condemned murderer Tavares Wright does have diminished mental ability, it doesn't rise to the level of a defense for the two murders he and a co-defendant committed in 2000, the Florida Supreme Court ruled Thursday.

    The state's high court also rejected Wright's appeal that his lawyers erred in their representation of his case.

    Wright's lawyers had presented both arguments in their quest for a new trial.

    Finally, the court also determined that Wright, 36, isn't entitled to appeal his death sentence under the recent Hurst decision, which ultimately has forced the state to change the way death sentences are determined.

    Now, juries are mandated to unanimously agree to recommend a death sentence, whereas before only a simple majority was required. Juries also must agree that prosecutors have proven at least one of the statutory reasons for imposing a death sentence. Until now, that responsibility was left to the presiding judge.

    In Wright's case, the Supreme Court ruled that the revisions didn't affect his death sentence because he had waived a jury recommendation regarding the death penalty during his 2004 murder trial.

    Wright was convicted on two counts of first-degree murder, two counts of kidnapping, two counts of armed robbery and a count of carjacking for the April 2000 murders of James Felker and his cousin, David Green. They were abducted at gunpoint in a shopping center parking lot in north Lakeland and forced to drive to a remote grove 10 miles away in Polk City.

    The shootings were part of a three-day crime rampage for Wright and his partner, Samuel Pitts, 37, but the other crimes weren't part of this appeal. Pitts also was convicted in the murders and received a life sentence.

    http://www.theledger.com/news/201703...rderers-appeal

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    Administrator Moh's Avatar
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    On April 25, 2017, Wright filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/fl...cv00974/336215

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    In today's orders, the United States Supreme Court REMANDED Tavares' case to the Florida Supreme Court for further consideration in light of Moore v. Texas, 581 U. S. ____ (2017).

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC13-1213)
    Decision Date: March 16, 2017

    https://www.supremecourt.gov/search....c/17-5575.html

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    Senior Member CnCP Legend Mike's Avatar
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    Today the Florida Supreme Court reaffirmed their denial of Wright's ID claim, they also ruled that Moore did not effect Wright's case.

    http://www.floridasupremecourt.org/d.../sc13-1213.pdf

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    Administrator Heidi's Avatar
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    In today's orders, the United States Supreme Court declined to review Wright's petition for certiorari.

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC13-1213)
    Decision Date: September 27, 2018
    Rehearing Denied: November 1, 2018
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    On August 19, 2020, Wright’s habeas petition was denied by the Federal District Court.

    https://law.justia.com/cases/federal...974/336215/48/
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