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.
JONES, Clarence (B/M)
DOB:03/09/55
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 GregArmstrong responded to a call on July 7, 1988, concerning a car that was parkedbehind a laundromat. When they arrived at the scene, they foundthree escapees from a Maryland prison (Clarence Jones, Henry Goins, and IrvinGriffin) seated in the car along with a woman, Beverly Harris, who wastraveling with them. As Armstrong was checking driver’s licenses andPonce de Leon was trying to complete a computer check on the car’s tag, twoshots were fired at Ponce de Leon by one of the passengers. Following theshooting, Officer Armstrong engaged in a shootout with the passengers. Jones retrieved Officer Ponce de Leon’s gun and he and Griffin fled the sceneon foot. Both Jones and Griffin were wounded. Jones and Griffinbroke into a house near the scene of the crime where they were captured a shorttime later by police. Officer Ponce de Leon died at the scene as a resultof the two gunshot wounds to his chest.
In his own defense, Jones stated that an unknown drugdealer, who had met him and his accomplices at the laundromat, was the personwho shot Officer Ponce de Leon.
Codefendant Information:
Henry Goins pled guiltyto Second-Degree Murder in exchange for a 30-year prison sentence. IrvinGriffin was found guilty as charged for First-Degree Murder and sentenced tolife in prison.
Additional Information:
When Jones was apprehendedin Tallahassee, Florida, he was a known escapee from a Maryland prison where hewas serving three concurrent 25-year sentences for three counts of robbery witha deadly weapon and a concurrent 5-year sentence for attempted robbery with adeadly weapon.
On 11/12/04, the FloridaSupreme Court relinquished jurisdiction for a mental retardation determination. On 07/27/05, the Circuit Court denied themental retardation motion.
Trial Summary:
07/28/88 Defendant indicted on the following charges:
Count I: First-DegreeMurder
Count II: AttemptedFirst-Degree Murder
Count III: Armed Robbery with aFirearm
Count IV: Armed Burglary of a Dwelling
Count V: Armed Kidnapping
Defendant charged by information on the following charge:
Count I: AggravatedAssault 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: AttemptedFirst-Degree Murder – Life sentence
Count III: Armed Robbery with aFirearm – Life Sentence
Count IV: Armed Burglary of a Dwelling –Life Sentence
Count I: AggravatedAssault 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 ofDeath.
06/14/91 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
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 the3.850.
05/25/99 Rehearing denied.
06/24/99 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
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 forWrit 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 ofSentence:
The 3.850 was pending inthe state circuit court for five years prior to resolution.
Case Information:
A Direct Appeal was filedwith the Florida Supreme Court (FSC) on 10/16/89. Issues that were raisedon appeal included whether the trial court erred by refusing to allow thedefense to question two state witnesses about their convictions involving drug-relatedoffenses and violence against a police officer. The defense wanted toquestion the witnesses concerning their prior offenses in an attempt topotentially connect them with the crime. The judge ruled that their prioroffenses occurred too long before the crime at hand to have been relevant inthe proceedings. The FSC found all of the issues to be either harmless orwithout error and affirmed the convictions and sentence of death on05/16/91.
A Petition for a Writ of Certiorariwas filed with the United States Supreme Court on 07/01/91 and denied on10/07/91.
A 3.850 Motion was filedwith the State Circuit Court on 12/21/92 and was denied on 04/01/97.
A 3.850 Appeal was filedwith the FSC on 07/11/97. Issues that were raised included various claimsas to whether the defendant was denied effective assistance of counsel duringhis penalty phase, whether the trial court’s refusal to find mitigatingcircumstances was unconstitutional, and whether the State withheld exculpatoryevidence. The FSC found all of the issues either harmless or without error andaffirmed the trial court’s denial of the 3.850 Motion on 03/15/99.
A Petition for a Writ ofHabeas Corpus was filed with the FSC on 03/27/00. Issues that wereraised included whether the defendant’s appellate counsel was ineffective forfailing to present error regarding the admission of details surrounding Jones’sprison escape and certain photographic evidence and whether the Courtimproperly upheld the trial judge’s instruction to the jury of two legallyinapplicable aggravators. The FSC found all of the claims to be eitherharmless or without merit and denied the Petition on 07/05/01.
A Petition for Writ ofHabeas Corpus was filed with the U.S. District Court, Northern District, on05/22/00 and amended on 03/14/02. On 08/23/02, the USDC ordered thepetition held in abeyance pending the resolution of state claims.
A 3.850 Motion was filedwith the State Circuit Court on 06/17/02 and was denied on 12/03/02.
A 3.850 Appeal was filedwith the Florida Supreme Court on 01/10/03. On 05/02/07, the FSC affirmedthe denial of the motion.
On 11/12/04, the FSCrelinquished jurisdiction to the Circuit Court for a mental retardation motionhearing, which was held on 06/23/05. The Circuit Court denied the motionon 07/27/05.
A 3.203 Appeal was filedwith the Florida Supreme Court on 08/15/05. On 05/02/07, the FSC affirmedthe denial of the motion. On 07/06/07, a motion for rehearing was denied.
Jones filed a 3.850motion on 07/27/07, which was denied on 09/14/07.
Institutional Adjustment:
THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE
FORVIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
01/17/93 30 DISOBEYINGORDER UNION C. I.
05/05/94 0 SPOKENTHREATS 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 SPOKENTHREATS 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 OFCONTRABAND FLORIDA STATE PRISON
04/20/03 30 POSS OFCONTRABAND FLORIDA STATE PRISON
Report Date: 04/15/03 cc
Approved: 06/10/03 ws
Updated: 04/16/08 klh