IN THE SUPREME COURT OF FLORIDA
RODERRICK FERRELL, )
)
Appellant, )
)
vs. ) CASE NUMBER 93,127
)
STATE OF FLORIDA, )
)
Appellee. )
_____________________ )
APPEAL FROM THE CIRCUIT COURT
IN AND FOR LAKE COUNTY, FLORIDA
SUPPLEMENTAL INITIAL BRIEF OF APPELLANT
JAMES B. GIBSON
PUBLIC DEFENDER
SEVENTH JUDICIAL CIRCUIT
CHRISTOPHER S. QUARLES
ASSISTANT PUBLIC DEFENDER
FLORIDA BAR NO. 0294632
112 Orange Avenue, Suite A
Daytona Beach, Florida 32114
(904) 252-3367
ATTORNEY FOR APPELLANT
TABLE OF CONTENTS
PAGE NO.
TABLE OF CONTENTS i
TABLE OF CITATIONS ii
ARGUMENT 1
THIS COURT’S OPINION IN BRENNAN V. STATE,
24 FLA. L.WEEKLY S365, (JULY 8, 1999) HOLDING
THAT THE EXECUTION OF SIXTEEN-YEAR-OLD
OFFENDERS IS CRUEL OR UNUSUAL UNDER THE
FLORIDA CONSTITUTION IS CONTROLLING IN
APPELLANT’S CASE.
CONCLUSION 3
CERTIFICATE OF SERVICE 4
i
TABLE OF CITATIONS
CASES CITED: PAGE NO.
Brennan v. State
24 Fla.L. Weekly S365, (July 8, 1999) 1,2
OTHER AUTHORITIES CITED:
Article I, Section 17 of The Florida Constitution 2
ii
IN THE SUPREME COURT OF FLORIDA
RODERRICK FERRELL, )
)
Appellant, )
)
vs. ) CASE NO. 93,127
)
STATE OF FLORIDA, )
)
Appellee. )
________________________ )
ARGUMENT
THIS COURT’S OPINION IN BRENNAN V.
STATE, 24 FLA. L.WEEKLY S365, (JULY 8, 1999)
HOLDING THAT THE EXECUTION OF SIXTEEN-
YEAR-OLD OFFENDERS IS CRUEL OR
UNUSUAL UNDER THE FLORIDA
CONSTITUTION IS CONTROLLING IN
APPELLANT’S CASE.
In response to this Court’s August 26, 1999 order, undersigned counsel files
this Supplemental Initial Brief addressing the applicability of Brennan v. State, 24
Fla.L. Weekly S365, (July 8, 1999). Rod Ferrell was a boy of only sixteen when he
killed Richard Wendorf and Naomi Queen on November 25, 1996. Appellant raised
the issue of his youth at the trial level. (XI 1965-68) Appellant argued in his initial
brief served on May 26, 1999, that the capital punishment of a sixteen-year old child
offender violates international law and the constitution of Florida and the United
1
States. See Point XI of the Initial Brief.
In answer to this Court’s order, Brennan is directly controlling. Brennan holds
that the imposition of the death sentence for a sixteen-year-old criminal constitutes
cruel or unusual punishment in violation of Article I, Section 17 of the Florida
Constitution. Brennan could not be more controlling as to this issue raised in
appellant’s case. Appellant also incorporates by reference the supplemental brief
served on this same date in the case of Farina v. State, case no. 93,907.
2
CONCLUSION
Based upon the foregoing cases, authorities, policies, and arguments, Appellant
respectfully requests this Honorable Court to vacate the death sentences and remand
for the imposition of sentences of life imprisonment without possibility of parole.
Respectfully submitted,
JAMES B. GIBSON
PUBLIC DEFENDER
SEVENTH JUDICIAL CIRCUIT
________________________
CHRISTOPHER S. QUARLES
ASSISTANT PUBLIC DEFENDER
FLORIDA BAR NO. 0294632
112 Orange Avenue, Suite A
Daytona Beach, FL 32114
(904) 252-3367
ATTORNEY FOR APPELLANT
3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
hand- delivered to the Honorable Robert A. Butterworth, Attorney General, 444
Seabreeze Boulevard, Fifth Floor, Daytona Beach, Florida 32118, via his basket at the
Fifth District Court of Appeal and mailed to Roderrick Ferrell, #124473, Florida State
Prison, P.O. Box 181, Starke, FL 32091-0181, this 17th day of September, 1999.
________________________________
CHRISTOPHER S. QUARLES
ASSISTANT PUBLIC DEFENDER
CERTIFICATE OF FONT
I hereby certify that the size and style of type used in this brief is point
proportionally spaced CG Times, 14 pt.
____________________________
CHRISTOPHER S. QUARLES
ASSISTANT PUBLIC DEFENDER
