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.
DERRICK, Samuel (W/M)
DC# 097494
DOB: 04/05/67
Sixth Judicial Circuit, Pasco County Case # 87-1775
Sentencing Judge: The Honorable Edward H. Bergstrom, Jr.
Attorney, Trial: Robert S. McClure & Stephen Dehnart – Assistant Public Defender
Attorney, Direct Appeal: Robert F. Moeller – AssistantPublic Defender
Attorney, Collateral Appeals: Harry Brody – Registry
Date of Offense: 06/24/87
Date of Sentence: 07/25/88
Date of Resentence: 12/11/91
Circumstances of Offense:
On 06/25/87, at 6:30 a.m., a passerby, Harry Lee, found RamaSharma’s body on a path in the woods near Sharma’s convenience store in PascoCounty. A trail of blood led from the body to a blood puddle twenty feetaway. A piece of a t-shirt and two sets of tennis shoe prints, one ofwhich belonged to Lee, were found near the body. Evidence showed thatSharma was stabbed thirty-one times and died approximately ten to fifteenminutes after the last wound was inflicted.
Samuel Derrick was implicated in the murder by his friend,David Lowry, who testified at trial that Derrick told him that he killedSharma. After arrest, Derrick confessed to the murder, stating that heintended to rob the store and jumped Sharma as he left the store. WhenSharma turned to run back to the store, Derrick grabbed him. Sharmarecognized Derrick and started screaming, and Derrick admitted stabbing Sharma“to shut him up.” Derrick tore off a piece of his shirt that had blood onit and took $360 from Sharma’s pocket. Derrick disposed of the knife in thewoods and some clothing and shoes in a pond.
Trial Summary:
07/14/87 Indictedas follows:
Count I: First- Degree Murder
05/12/88 Juryreturned a guilty verdict
05/13/88 Jury recommendeda death sentence by a vote of 8-4
07/25/88 Sentencedas follows:
CountI: Fist-Degree Murder – Death
12/11/91 Juryrecommended a death sentence by a vote of 7-5
12/11/91 Sentencedas follows:
CountI: First-Degree Murder – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 73,076
581 So.2d 31
09/22/88 Appeal filed
03/21/91 FSC affirmed conviction, but vacated the death sentence and remanded to
thetrial court for a new sentencing hearing.
06/27/91 Rehearing denied
07/29/91 Mandate issued
Florida Supreme Court – Direct Appeal (afterresentencing)
FSC# 79,143
641 So.2d 378
01/06/92 Appeal filed
06/23/94 FSC affirmed death sentence
08/31/94 Rehearing denied
09/30/94 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 94-6961
513 U.S. 1130
11/22/94 Petition filed
01/23/95 USSC denied petition
Circuit Court – 3.850 Motion
Case# 87-1775
03/24/97 Motion filed
09/03/99 Motion amended
12/03/01 Motion amended
07/18/05 CC denied motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 05-1559
983 So.2d 443
08/29/05 Appeal filed
02/07/08 Appeal denied
02/22/08 Motion for rehearing
05/29/08 Rehearing denied
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 06-1380
983 So.2d 443
07/10/06 Petition filed
02/07/08 Petition denied
02/22/08 Motion for rehearing
05/29/08 Rehearing denied
Circuit Court – 3.853 Motion
Case# 87-1775
07/17/07 Motion filed
12/20/07 Motion granted
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 08-01335
(Pending)
07/11/08 Petition filed
Factors Contributing to the Delay in Imposition ofSentence:
The 3.850 Motion was pending from 03/24/97 – 07/18/05.
Case Information:
On 09/22/88, Derrick filed a Direct Appeal with the FloridaSupreme Court, citing the following errors: discovery violations; Derrickwas shackled during the trial; prejudice due to media coverage of the trial;restricting defense counsel’s cross-examination of certain witnesses; admissionof fellow inmate testimony during the penalty phase of trial; and improperfinding of the cold, calculated, and premeditated and avoiding arrestaggravating circumstances. On 03/21/91, the FSC affirmed the conviction,but vacated the sentence and remanded the case to the trial court for a newsentencing hearing.
On 01/06/92, Derrick filed a Direct Appeal with the FloridaSupreme Court, citing the following trial court errors: improper responseto a jury inquiry; improper instruction on the murder committed during thecommission of a felony and pecuniary gain aggravating circumstances; andunsupported finding of the avoiding arrest and heinous, atrocious, or cruelaggravating circumstances. The FSC did not comment on the following threeclaims of trial court error: failure to consider all non-statutorymitigating circumstances, considering that the murder was committed during afelony, and proportionality of the death penalty. The FSC affirmed thedeath sentence on 06/23/94.
On 11/22/94, Derrick filed a Petition for Writ of Certiorariwith the U.S. Supreme Court that was denied on 01/23/95.
On 03/24/97, Derrick filed a 3.850 Motion with the CircuitCourt that was amended on 09/03/99 and 12/03/01. The Circuit Court deniedthe motion on 07/18/05.
On 08/29/05, Derrick filed a 3.850 Appeal with the FloridaSupreme Court that is pending.
On 07/10/06, Derrick filed a Petition for Writ of HabeasCorpus with the Florida Supreme Court that was denied on 02/07/08.
Derrick filed a 3.853 Motion for DNA testing on 07/17/07that was granted on 12/20/07. The DNA testing will be done at a lab in Dallas,Texas.
On 07/11/08, Derrick filed a Petition for Writ of Habeas Corpuswith the U.S. District Court, Middle District, which is pending.
Institutional Adjustment:
THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
10/30/90 15 POSS OFNEGOTIABLES FLORIDA STATE PRISON
09/03/92 30 FIGHTING FLORIDA STATE PRISON
12/15/93 0 POSSOFCONTRABAND UNION C. I.
10/19/95 0 UNARMEDASSAULT UNION C. I.
09/24/00 0 DEFACING STATE PROP. UNION C. I.
11/07/01 30 MISUSE OF STATEPROP UNION C. I.
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Report Date: 11/09/01 JFL
Approved: 12/03/01 WS
Updated: 10/25/10 JJK