The Commission on Capital Cases updates thisinformation regularly. This information; however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes.
HUTCHINSON, Jeffrey (W/M)
DC# 124849
DOB: 11/06/62
First Judicial Circuit, Okaloosa County Case # 98-1382
Sentencing Judge: The Honorable G. Robert Barron
Attorney, Trial: Stephen Cobb – Private
Attorney, Direct Appeal: Kepler Funk, Jack Platt, KeithSzachacz – Private
Attorney, Collateral Appeals: Clyde Taylor – Private
Date of Offense: 09/11/98
Date of Sentence: 02/06/01
Circumstances of Offense:
On the evening of 09/11/98, Jeffrey Hutchinson and hislive-in girlfriend, Renee Flaherty had an argument. After the argument,Hutchinson packed some of his clothes and guns into his truck, left, and wentto a bar. Hutchinson told the bartender, who knew both Hutchinson andFlaherty, “Renee is pissed off at me.” Hutchinson drank one and a halfglasses of beer and left, muttering to himself. Witnesses noted thatHutchinson drove recklessly as he left the bar.
Approximately 40 minutes after Hutchinson left the bar,there was a 911 call from Hutchinson’s home. The caller stated, “I justshot my family” and “There were some guys here.” Friends identified thecaller’s voice as Hutchinson’s.
Deputies arrived within 10 minutes of Hutchinson’s call andfound him on the ground in the garage. Deputies found the bodies of ReneeFlaherty, Amanda Flaherty (7 years old), and Logan Flaherty (4 years old) inthe master bedroom. Each had been shot once in the head with ashotgun. Geoffrey Flaherty (9 years old) was found in the living room,shot once in the chest and once in the head with a shotgun. Hutchinsonhad gunshot residue on his hands and Geoffrey’s body tissue on his leg.
Hutchinson alleged that two men came into the house, and hestruggled with them. They then shot Renee and the children andfled. Hutchinson was examined at the scene and at the jail and had noinjuries.
Additional Information:
On 05/24/99, Hutchinson was diagnosed with Gulf War Illness(Syndrome).
Trial Summary:
10/05/98 Indicted as follows:
Count I: First-Degree Murder – Renee Flaherty
Count II: First-DegreeMurder – Logan Flaherty
Count III: First-Degree Murder– Amanda Flaherty
Count IV: First-Degree Murder – Geoffrey Flaherty
01/18/01 Jury returned guilty verdicts on all counts of the indictment
01/21/01 Jury recommendation waived
02/06/01 Sentenced as follows:
Count I: First-Degree Murder – Renee Flaherty – Life
Count II: First-DegreeMurder – Logan Flaherty – Death
CountIII: First-Degree Murder –Amanda Flaherty – Death
Count IV: First-Degree Murder – Geoffrey Flaherty – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 01-500
882 So. 2d 943
03/07/01 Direct Appeal filed
07/01/04 FSC affirmed convictions and sentences
07/22/04 Mandate issued
Circuit Court – 3.851 Motion
CC# 98-1382
10/20/05 Motion filed
07/28/06 Motion amended
10/22/07 Evidentiary hearing held
01/03/08 Motion denied
Circuit Court – 3.853 Motion
CC# 98-1382
06/23/06 Motion filed
11/03/06 CC denied motion
Florida Supreme Court – 3.850 Appeal
FSC# 08-99
01/28/08 Appeal filed
07/09/09 Appeal denied
09/11/09 Rehearing denied
09/29/09 Mandate issued
United States District Court (Middle District) –Petition for Writ of Habeas Corpus
3:09-cv-00430-RS
09/25/09 Petition filed
12/02/09 Petition dismissed with prejudice.
United States Court of Appeals, 11th Circuit --Petition for Writ of Habeas Corpus
USCA# 10-14978P
10/27/2010 Petition filed
Factors Contributing to the Delay in Imposition ofSentence:
The Direct Appeal was pending from 03/07/01 –07/01/04.
Case Information:
Hutchinson filed a Direct Appeal with the Florida SupremeCourt on 03/07/01, citing the following errors: failing to properly instructthe jury; admitting excited utterances as testimony; overruling objections tothe State’s closing argument; denying motions for mistrial, acquittal, and newtrial; finding aggravating circumstances; and the proportionality of the deathsentence. On 07/01/04, the convictions and sentences were affirmed.
Hutchinson filed a 3.851 Motion with the Circuit Court on10/20/05 and amended the motion on 07/28/06. An evidentiary hearing washeld on 10/22/07. The motion was denied on 01/03/08.
Hutchinson filed a 3.853 Motion with the Circuit Court on06/23/06 that was denied on 11/03/06.
Hutchinson filed a 3.851 Motion Appeal with the FloridaSupreme Court on 01/28/08 that was denied on 07/09/09.
Hutchinson filed a Petition for Writ of Habeas Corpus withthe United States District Court (Middle District) on 09/25/09. Thispetition was dismissed with prejudice on 12/02/09.
Hutchinson filed an Appeal for Writ of Habeas Corpus withthe United States Court of Appeals, 11th District. This appeal isstill pending.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINSTTHE INMATE
FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIMEDAYS LOST.
DATE DAYS VIOLATION LOCATION
03/26/01 0 POSS OFCONTRABAND FLORIDA STATE PRISON
________________________________________________________________________
Report Date: 07/27/04 JFL
Updated: 01/05/11 CAR