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. 

WICKHAM, Jerry Michael (W/M)

DC #    504430

DOB:   09/05/45

Second Judicial Circuit, Leon County, Case #87-3970

Sentencing Judge: The Honorable Charles D. McClure

Attorney, Trial: Philip J. Padovano, Esq.

Attorney, Direct Appeal: David A. Davis – Assistant PublicDefender

Attorney, Collateral Appeals: Zack Ward and Gregory Cummings- Private

Date of Offense: 03/05/86

Date of Sentence: 12/08/88

Circumstances of Offense:

On 03/05/86, Jerry Wickham, accompanied by friends andfamily, was driving along Interstate-10 when he realized that they hardly hadany money for gas or other expenses necessary to continue traveling.  Onemember of the party suggested that they stop at a local church for help. Wickham and others decided, however, that they should commit a robbery toobtain the travel money instead of asking a church.

Upon reaching Tallahassee, the group exited the interstateand began driving north along Thomasville Road towards the Florida-Georgiaborder.  The group pulled off the highway, close to the border, at whichtime the men hid and the women and children flagged down a passing car underthe guise of needing help.   When Morris “Rick” Fleming stopped tohelp and found nothing wrong with the car, Wickham jumped out of his hidingplace, pointing a gun at Fleming.  Seeing this, Fleming turned around andbegan walking back towards his vehicle.  Wickham then shot Fleming in theback, the impact of which caused him to spin around and face Wickhamdirectly.  Wickham then shot Fleming in the chest once, at which time thevictim began to beg for his life.  Wickham then fatally shot Fleming twicein the head.  The group took all the money he had, $4.05, and continued onto a nearby gas station where they purchased some gas.  It was there thatWickham changed and threw away his bloodstained clothes.  Wickham, whiledriving back towards Tallahassee, instructed the other members of his party todispose of the used and unused bullet shells by throwing them out thewindow.  The group continued towards Tampa, stopping along the way at achurch to obtain more money for traveling expenses. 

Prior Community Supervision Record in the State ofFlorida:

Trial Summary:

10/22/87         The defendant was indicted on the following charges:

                                   Count I:           First-DegreeMurder (Morris Fleming)

                                   Count II:         Robbery with aFirearm

                                   Count III:        Possession of a Firearm bya Convicted Felon

(Later Dropped)

12/07/88         The jury found the defendant guilty of all counts charged in the

indictment.

12/08/88         Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the

death penalty.

12/08/88         The defendant was sentenced as follows:

                                   Count I:          First-Degree Murder (Morris Fleming) – Death

                                   Count II:         Robbery with aFirearm - Life

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #73,508

593 So. 2d 191

01/05/89         Appeal filed

12/12/91         FSC affirmed Wickham’s convictions and sentence of death

03/02/92         Rehearing denied

04/01/92         Mandate issued

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #91-8126

505 U.S. 1209

05/04/92         Petition filed

06/22/92         Petition denied

State Circuit Court – 3.850 Motion

CC #87-3970

05/22/95         Motion filed

02/26/97         Motion dismissed

09/26/00         Motion to file amended motion granted

06/02/04         Evidentiary hearing held

01/24/05         Motion denied

02/15/05         Rehearing denied

Florida Supreme Court – 3.850 Motion Appeal

FSC #05-1012

998 So.2d 593

06/09/05         Appeal filed

09/25/08         FSC reversed CC denial of 3.850 Motion and remanded for new Evidentiary Hearing

01/15/09         Mandate issued

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 07-1137

998 So.2d 593

06/20/07         Petition filed

12/23/08         Petition dismissed without prejudice

State Circuit Court – 3.850 Motion (On Remand)

CC #87-3970

07/08/09         Motion Reopened

04/19/10          Evidentiary Hearing held

04/07/11          Motion denied           

Factors Contributing to the Delay in the Imposition ofthe Sentence:

Wickham filed a 3.850 Motion in the State Circuit Court in1995, which dismissed nearly three years later.  On 9/26/00, a motion toallow Wickham to file an amended 3.850 Motion was granted.  That motiontook over four years to be denied. On 7/8/09, the 3.850 Motion was reopened inState Circuit Court, which was remanded from the Florida Supreme Court. The Florida Supreme Court appointed a judge outside the 2nd circuit, JudgeWillard Pope of the 5th circuit, to preside over further proceedings.

Case Information:

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

On 05/04/92, Wickham filed a Petition for Writ of Certiorariin 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 StateCircuit Court and was dismissed on 02/26/97.  On 09/26/00, a motion tofile an amended 3.850 Motion was granted.  On 01/24/05, the Motion wasdenied.

Wickham filed a 3.850 Motion Appeal in the Florida SupremeCourt on 06/09/05.  On 09/25/08, the Florida Supreme Court reversed theCircuit Court’s denial of the 3.850 Motion and remanded for a new EvidentiaryHearing.  On 01/15/09, the Florida Supreme Court issued a mandate in thiscase.

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

On 07/08/09, the 3.850 Motion was reopened in the StateCircuit Court, which was remanded from the Florida Supreme Court.  TheFlorida Supreme Court, however, appointed a judge outside of the 2nd circuit,Judge Willard Pope of the 5th circuit, to preside over further proceedings.  On04/19/10, the Evidentiary Hearing was held and, on 04/07/11, the motion wasdenied.

Institutional Adjustment:

DATE        DAYS                VIOLATION                        LOCATION    

----------       --------           ----------------------------                 ------------------

12/19/92         0             DISRESP.TOOFFICIALS                      UNION C. I.      

03/07/96         0             DISRESP.TOOFFICIALS                      UNION C. I.      

04/26/01        60            DISOBEYINGORDER               UNION C. I.      

____________________________________________________________________

10/08/02         Written            EW

10/10/02         Approved        WS

04/15/11         Updated          MJH