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.
WRIGHT, Joel Dale (W/M)
DC # 749768
DOB: 08/28/57
Seventh Judicial Circuit, Putnam County, Case #83-376
Sentencing Judge: The Honorable Robert R. Perry
Attorney, Trial: Howard Pearl – Assistant Public Defender
Attorney, Direct Appeal: Larry Henderson – Assistant Public Defender
Attorneys, Collateral Appeals: Martin McClain & John Abatecola – CCRC-S
Date of Offense: 02/06/83
Date of Sentence: 09/23/83
Circumstances of Offense:
On 02/06/83, the body of 75-year-old Lima Smith was discovered in the bedroom of her home. Smith’s body was found by her brother, who became worried about her when she failed to answer the door. Smith had been stabbed multiple times in her face and neck and had been sexually assaulted.
Charles Westberry, a witness for the State, testified that, on the morning of 02/06/83, Joel Wright came to his home and confessed to killing Smith. Wright acknowledged that he entered her home through an open window with the intention of stealing money from her purse. Wright admitted to killing her because she saw him in the hallway and could identify him. Wright indicated that he did not want to go back to prison. Wright then asked Westberry to provide an alibi for him. Several weeks later, when Westberry informed his wife of the circumstances, she notified the police.
Police reports indicated that Wright’s fingerprint was lifted from inside Smith’s home. Evidence was also introduced that Wright had burglarized Smith’s home on a previous occasion, having gained access to the house through an open window.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Prison Sentence Length |
|
9/20/1981 |
BURG/DWELL/OCCUP.CONVEY |
4/29/1982 |
Putnam |
1Y0M0D |
Trial Summary:
04/22/83 The defendant was indicted on the following charges:
Count I: First-Degree Murder
Count II: Sexual Battery
Count III: Burglary of a Dwelling
Count IV: Second-Degree Grand Theft
09/01/83 The jury found the defendant guilty of all counts charged in the
indictment.
09/02/83 Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the
imposition of the death penalty.
09/23/83 The defendant was sentenced as followed:
Count I: First-Degree Murder - Death
Count II: Sexual Battery – 99 years
Count III: Burglary of a Dwelling – 15 years
Count IV: Second-Degree Grand Theft – 5 years
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #64,391
473 So. 2d 1277
10/17/83 Appeal filed.
07/03/85 FSC affirmed the convictions and sentence of death.
08/30/85 Rehearing denied.
10/07/85 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #85-5747
474 U.S. 1094
10/29/85 Petition filed.
01/21/86 Petition denied
State Circuit Court – 3.850 Motion
CC #83-376
02/22/88 Motion filed.
06/08/89 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #74,775
581 So. 2d 882
09/26/89 Appeal filed.
05/09/91 FSC remanded to the State Circuit Court for an evidentiary hearing on
Wright’s claim that his “public defender’s service as a special deputy sheriff affected his ability to provide effective legal assistance.”
07/26/91 Mandate issued.
State Circuit Court - 3.850 Motion (On Remand From FSC)
CC #83-376
05/09/91 FSC remanded to the State Circuit Court for an evidentiary hearing on Wright’s claim that his “public defender’s service as a special deputy sheriff affected his ability to provide effective legal assistance.”
06/05/00 Following an evidentiary hearing, Wright’s 3.850 Motion was again denied.
Florida Supreme Court – 3.850 Appeal
FSC #SC00-1389
857 So.2d 861
06/29/00 Appeal filed.
07/03/03 Denial Affirmed.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #SC01-2866
857 So.2d 861
12/31/01 Petition filed.
07/07/03 Petition denied.
United States Supreme Court – Petition for Writ of Certiorari
USSC #03-8419
541 U.S. 961
01/08/04 Petition filed.
03/29/04 Petition denied.
State Circuit Court – 3.851 Motion
CC #83-376
08/06/04 Motion filed.
03/23/06 Motion denied.
Florida Supreme Court – 3.203 Motion Appeal, DNA testing
FSC# 06-2353
995 So.2d 324
11/29/06 Appeal filed.
09/25/08 Denial affirmed.
10/10/08 Motion for Rehearing filed.
11/20/08 Rehearing denied.
12/08/08 Mandate issued.
United States District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 09-99
(Pending)
02/06/09 Petition filed.
02/24/10 Amended Petition filed.
Factors Contributing to the Delay in the Imposition of Sentence:
With the remand from the Florida Supreme Court, Wright’s 3.850 Motion was pending from 1988 through 2000.
Case Information:
On 10/17/83, Wright filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the trial court erred by refusing to allow the proffered testimony of witness Kathy Waters. Waters had followed the events of the trial and read about the case in the newspaper. Prior to final arguments, Waters came forward with testimony indicating that, on the night of the murder, she saw a man fitting the description of the appellant walking along Highway 19 in the opposite direction of the victim’s home. She also offered proffered testimony that she saw three unfamiliar men “congregated” near the victim’s house. The State argued that allowing such evidence would be in violation of the rule of sequestration. The Florida Supreme Court noted that “the trial judge erred in failing to exercise his discretion to determine whether exclusion was warranted under the circumstances, and, instead, applied the sequestration rule as a strict rule of law.” The Florida Supreme Court, however, found this error to be harmless given that the admittance of such evidence would have not changed the verdict. Wright also argued that trial court erred in allowing evidence of a prior crime and in its application of the “avoid arrest” aggravating factor. Additionally, Wright contended that the consideration and application of the cold, calculated and premeditated (CCP) aggravating factor was an error. The Florida Supreme Court agreed that the CCP factor was not proven beyond a reasonable doubt. In light of the other aggravating factors and the limited mitigating circumstances, however, the Florida Supreme Court affirmed the convictions and sentence of death on 07/03/85.
Wright next filed a Petition for Writ of Certiorari in the United States Supreme Court, which was denied on 01/21/86.
Wright then filed a 3.850 Motion in the State Circuit Court. That motion was denied on 06/08/89, after which, Wright filed an appeal in the Florida Supreme Court. On 05/09/91, the Florida Supreme Court remanded the case to the State Circuit Court for an evidentiary hearing on Wright’s claim that his “public defender’s service as a special deputy sheriff affected his ability to provide effective legal assistance.” Following an evidentiary hearing on the matter, the State Circuit Court again denied all relief. Wright filed an appeal of that decision in the Florida Supreme Court, which was affirmed on 07/03/03.
On 12/31/01, Wright filed a Petition for Writ of Habeas Corpus, which was also denied on 07/03/03.
On 01/08/04, Wright filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 03/29/04.
Wright filed a 3.851 Motion in the State Circuit Court on 08/06/04. Wright raised two claims in his 3.851 Motion. His first claim was that affidavits submitted by two individuals are Brady material or are newly discovered evidence. The court found them to be neither. Wright’s second claim was a request for testing of certain biological evidence that was collected at the scene of the crime. The circuit court denied Wright’s second claim as well. The motion was denied on 03/23/06.
Wright filed a 3.203 Motion Appeal in the Florida Supreme Court on 11/29/06. On 09/25/08, the Florida Supreme Court affirmed the Circuit Court’s denial of Wright’s 3.203 Motion. On 10/10/08, Wright filed a Motion for Rehearing in the Florida Supreme Court. This motion was denied on 11/20/08. On 12/08/08, the Florida Supreme Court issued a mandate in this case.
On 02/06/09, Wright filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District. This petition was amended on 02/24/10. This petition is currently pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
02/29/88 0 POSS OF NEGOTIABLES FSP
09/08/91 0 GAMBLING OR POSS. FSP
11/22/93 0 DISOBEYING ORDER UNION C. I.
06/29/94 0 DISOBEYING ORDER UNION C. I.
08/04/94 0 UNAUTH USE OF DRUGS UNION C. I.
10/06/94 0 UNAUTH USE OF DRUGS UNION C. I.
12/06/94 0 POSS OF CONTRABAND UNION C.I.
12/09/94 0 DISOBEYING ORDER UNION C. I.
08/14/95 0 MISUSE OF STATE PROP UNION C. I.
05/28/98 0 FIGHTING UNION C. I.
06/17/98 0 POSS OF CONTRABAND UNION C. I.
08/01/01 0 DISOBEYING ORDER UNION C. I.
02/09/03 0 DISRESP.TO OFFICIALS UNION C. I.
________________________________________________________________________
Report: 03/04/03 EW
Approved: 03/13/03 WS
Updated: 03/04/10 MJH