The Commission on Capital Cases updates this information regularly.  This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes. 

 

JONES, Clarence (B/M)

DC #   117629           

DOB: 03/09/55         

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Second Judicial Circuit, Leon County, Case # 88-3111

Sentencing Judge, Trial: The Honorable Phillip J. Padavano

Attorney, Trial: Clifford L. Davis – Private

Attorney, Direct Appeal: Clifford L. Davis – Private

Attorney, Collateral Appeals: Terri L. Backhus – Registry

 

Date of Offense:         07/08/88                     

Date of Sentence:       09/26/89         

 

 

Circumstances of Offense:

 

Tallahassee police officers Ernest Ponce de Leon and Greg Armstrong responded to a call on July 7, 1988, concerning a car that was parked behind a laundromat.   When they arrived at the scene, they found three escapees from a Maryland prison (Clarence Jones, Henry Goins, and Irvin Griffin) seated in the car along with a woman, Beverly Harris, who was traveling with them.  As Armstrong was checking driver’s licenses and Ponce de Leon was trying to complete a computer check on the car’s tag, two shots were fired at Ponce de Leon by one of the passengers.  Following the shooting, Officer Armstrong engaged in a shootout with the passengers.  Jones retrieved Officer Ponce de Leon’s gun and he and Griffin fled the scene on foot.  Both Jones and Griffin were wounded.  Jones and Griffin broke into a house near the scene of the crime where they were captured a short time later by police.  Officer Ponce de Leon died at the scene as a result of the two gunshot wounds to his chest.

 

In his own defense, Jones stated that an unknown drug dealer, who had met him and his accomplices at the laundromat, was the person who shot Officer Ponce de Leon.

 

 

Codefendant Information:

 

Henry Goins pled guilty to Second-Degree Murder in exchange for a 30-year prison sentence.  Irvin Griffin was found guilty as charged for First-Degree Murder and sentenced to life in prison.

 

 

 

 

Additional Information:

 

When Jones was apprehended in Tallahassee, Florida, he was a known escapee from a Maryland prison where he was serving three concurrent 25-year sentences for three counts of robbery with a deadly weapon and a concurrent 5-year sentence for attempted robbery with a deadly weapon.

 

On 11/12/04, the Florida Supreme Court relinquished jurisdiction for a mental retardation determination.  On 07/27/05, the Circuit Court denied the mental retardation motion. 

 

 

Trial Summary:

 

07/28/88          Defendant indicted on the following charges:

                                    Count I:           First-Degree Murder

                                    Count II:         Attempted First-Degree Murder

                                    Count III:        Armed Robbery with a Firearm

                                    Count IV:        Armed Burglary of a Dwelling

                                    Count V:         Armed Kidnapping

                        Defendant charged by information on the following charge:

                                    Count I:           Aggravated Assault with a Firearm

09/22/89          Defendant found guilty on all Counts

09/24/89          Count V was nolle prosequied

09/25/89          The jury recommended Death by a vote of 11-1

09/26/89          Defendant was sentenced as follows:

                                    Count I:           First-Degree Murder – Death

                                    Count II:         Attempted First-Degree Murder – Life sentence

                                    Count III:        Armed Robbery with a Firearm – Life Sentence

                                    Count IV:        Armed Burglary of a Dwelling – Life Sentence

                                    Count I:           Aggravated Assault with a Firearm – 5 years

 

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC #74,866

580 So. 2d 143

 

10/16/89          Appeal filed.

05/16/91          FSC affirmed the convictions and sentence of Death.

06/14/91          Mandate issued.

 


United States Supreme Court – Petition for Writ of Certiorari

USSC #91-5151

502 U.S. 878

 

07/01/91          Petition filed.

10/07/91          Petition denied.

 

State Circuit Court – 3.850 Motion

CC #88-3111

 

12/21/92          Motion filed.

04/01/97          Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC #90,976

732 So. 2d 313

 

07/11/97          Appeal filed.

03/25/99          FSC affirmed the Circuit Court’s denial of the 3.850.

05/25/99          Rehearing denied.

06/24/99          Mandate issued.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #00-660

794 So. 2d 579

 

03/27/00          Petition filed.

07/05/01          Petition denied.

09/05/01          Rehearing denied.

 

U.S. District Court, Northern District – Petition for Writ of Habeas Corpus

USDC# 00-96

(Pending)

 

05/22/00          Petition filed.

03/14/02          Petition amended.

08/23/02          USDC ordered petition held in abeyance until state claims disposed.

 

State Circuit Court – 3.850 Motion

CC# 88-3111

 

06/17/02          Motion filed.

12/03/02          Motion denied.

 


Florida Supreme Court – 3.850 Appeal

FSC# 03-37

962 So.2d 337

 

01/10/03          Appeal filed.

05/02/07          FSC affirmed denial of motion.

 

Circuit Court – 3.203 Motion

CC# 88-3111

 

11/12/04          FSC relinquished jurisdiction for a mental retardation motion hearing.

06/23/05          Hearing held.

07/27/05          CC denied motion.

 

Florida Supreme Court – 3.203 Appeal

FSC# 03-37

962 So.2d 337

 

08/15/05          Appeal filed.

05/02/07          FSC affirmed denial of motion.

07/06/07          Motion for rehearing denied.

 

Circuit Court – 3.850 Motion

CC# 88-3111

 

07/27/07          Motion filed.

09/14/07          Motion denied.

10/04/07          Motion for rehearing. 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The 3.850 was pending in the state circuit court for five years prior to resolution.

 

 

Case Information:

 

A Direct Appeal was filed with the Florida Supreme Court (FSC) on 10/16/89.  Issues that were raised on appeal included whether the trial court erred by refusing to allow the defense to question two state witnesses about their convictions involving drug-related offenses and violence against a police officer.  The defense wanted to question the witnesses concerning their prior offenses in an attempt to potentially connect them with the crime.  The judge ruled that their prior offenses occurred too long before the crime at hand to have been relevant in the proceedings. The FSC found all of the issues to be either harmless or without error and affirmed the convictions and sentence of death on 05/16/91. 

 

A Petition for a Writ of Certiorari was filed with the United States Supreme Court on 07/01/91 and denied on 10/07/91. 

 

A 3.850 Motion was filed with the State Circuit Court on 12/21/92 and was denied on 04/01/97.

 

A 3.850 Appeal was filed with the FSC on 07/11/97.  Issues that were raised included various claims as to whether the defendant was denied effective assistance of counsel during his penalty phase, whether the trial court’s refusal to find mitigating circumstances was unconstitutional, and whether the State withheld exculpatory evidence. The FSC found all of the issues either harmless or without error and affirmed the trial court’s denial of the 3.850 Motion on 03/15/99.

 

A Petition for a Writ of Habeas Corpus was filed with the FSC on 03/27/00.   Issues that were raised included whether the defendant’s appellate counsel was ineffective for failing to present error regarding the admission of details surrounding Jones’s prison escape and certain photographic evidence and whether the Court improperly upheld the trial judge’s instruction to the jury of two legally inapplicable aggravators.  The FSC found all of the claims to be either harmless or without merit and denied the Petition on 07/05/01.

 

A Petition for Writ of Habeas Corpus was filed with the U.S. District Court, Northern District, on 05/22/00 and amended on 03/14/02.  On 08/23/02, the USDC ordered the petition held in abeyance pending the resolution of state claims. 

 

A 3.850 Motion was filed with the State Circuit Court on 06/17/02 and was denied on 12/03/02.

 

A 3.850 Appeal was filed with the Florida Supreme Court on 01/10/03.  On 05/02/07, the FSC affirmed the denial of the motion.

 

On 11/12/04, the FSC relinquished jurisdiction to the Circuit Court for a mental retardation motion hearing, which was held on 06/23/05.  The Circuit Court denied the motion on 07/27/05.

 

A 3.203 Appeal was filed with the Florida Supreme Court on 08/15/05.  On 05/02/07, the FSC affirmed the denial of the motion.  On 07/06/07, a motion for rehearing was denied.

 

Jones filed a 3.850 motion on 07/27/07, which was denied on 09/14/07.

 

 

 

 

 

 

 

 

 

 

 

Institutional Adjustment:

 

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE

FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

                                                                    

DATE     DAYS                    VIOLATION                                       LOCATION      

01/17/93     30                      DISOBEYING ORDER                      UNION C. I.        

05/05/94      0                       SPOKEN THREATS                           UNION C. I.        

05/30/94      0                       OBSCENE PROFANE ACT              UNION C. I.        

02/21/95      0                       DISORDERLY CONDUCT               UNION C. I.        

09/18/96      0                       SPOKEN THREATS                           UNION C.I.-MED.FAC.

10/28/97      0                       FIGHTING                                           UNION C. I.        

09/11/00     90                      BRIBERY OR ATTEMPTED           FLORIDA STATE PRISON

09/11/00     30                      POSS OF CONTRABAND                 FLORIDA STATE PRISON

04/20/03     30                      POSS OF CONTRABAND                 FLORIDA STATE PRISON

 

 

Report Date:   04/15/03          cc

Approved:       06/10/03          ws

Updated:         04/16/08          klh