The Commission on Capital Cases updates this information regularly.  This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes

 

 

ROBINSON, Johnny L. (B/M)

DC #102767

DOB:   07/25/52

 

­­­Seventh Judicial Circuit, St. Johns County, Case #85-1299CF

Sentencing and Re-sentencing Judge: The Honorable Richard O. Watson

Attorney, Trial (1st and 2nd): Howard Pearl – Assistant Public Defender

Attorney, Direct Appeal: Christopher Quayles – Assistant Public Defender

Attorneys, Collateral Appeals:  Peter Cannon & Daphney Gaylord – CCRC-M

 

Date of Offense:           08/12/85

Date of Sentence:         06/19/86

Date of Resentence:      04/04/89

 

Circumstances of Offense:

 

Johnny Robinson was convicted and sentenced to death for the murder of Beverly St. George.

 

Johnny Robinson and Clinton Fields, his codefendant, were arrested on 08/17/85 for the murder of Beverly St. George.  Robinson waived his rights and gave a sworn statement to police officials.  Robinson said that he and Fields left a party on 08/11/85 shortly before midnight to go to Orlando and see Robinson’s girlfriend.  They saw a car on the side of the road and stopped to help.  The woman had been resting.  According to Robinson, St. George agreed to go with Robinson and Fields in their car to Pellicer Cemetery.  Robinson said that he and St. George had consensual sex on the hood of his car.  During this sexual activity, he took the gun out of his pocket and placed it on the car hood.  A struggle occurred between the two and the gun accidentally went off hitting St. George in the face.  Robinson said that he shot her again because he did not think that people would believe that it was an accident.

 

Fields testified at Robinson’s trial and gave a different account.  He said that they saw the car stopped on the side of the road.  According to Fields, Robinson forced St. George into the car at gunpoint and then handcuffed her.  Robinson raped St. George once they got to Pellicer Cemetery and then forced Fields to do the same.  According to Fields, Robinson said that St. George could not identify them if she was dead and then shot her in the side of the face.

 


Additional Information:

 

Co-Defendant Status:

Clinton Fields St. Johns County #85-1417

 

Clinton B. Fields was sentenced to Life for First-Degree Murder, 17 years for Kidnapping, 7 years for Robbery with a Deadly Weapon, and 22 years for Sexual Battery with a Deadly Weapon.

 

Previous Criminal History:

 

In 1979, Robinson was convicted of Rape in the state of Maryland and sentenced to ten years.  He was on parole at the time of the rape and murder of Beverly St. George.

 

Trial Summary:

 

08/17/85          Robinson was arrested.

11/06/85          Robinson was indicted on the following:

                                    Count I:            First-Degree Murder (Beverly St. George)

                                    Count II:           Kidnapping

                                    Count III:         Armed Robbery

                                    Count IV:         Sexual Battery

05/29/86          Jury found Robinson guilty for each count of the indictment.

05/30/86          Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the death penalty.

06/06/86          Robinson was sentenced as follows:

                                    Count II:           KidnappingLife, less 274 days for time served

Count III:         Armed RobberyLife, less 274 days for time served

                                    Count IV:         Sexual BatteryLife, less 274 days for time served

06/19/86          Robinson was sentenced as follows:

                                    Count I:            First-Degree Murder (Beverly St. George) Death

02/15/89          On remand from the Florida Supreme Court for a new sentencing hearing, the jury, by an 8 to 4 majority, voted for the death penalty.

04/04/89          Robinson was sentenced as follows:

                                    Count I:            First-Degree Murder (Beverly St. George) Death

Count II:           KidnappingLife, less 1306 days for time served

Count III:         Armed RobberyLife, less 1306 days for time served

Count IV:         Sexual BatteryLife, less 1306 days for time served


Appeals Summary:

 

Florida Supreme Court – Direct Appeal (First)

FSC #68,971

520 So. 2d (Fla. 1988)

 

06/27/86          Appeal filed.

01/28/88          FSC affirmed the conviction, but reversed the sentence of death and remanded to the trial court for a new sentencing hearing.

03/09/88          Mandate issued.

 

Florida Supreme Court – Direct Appeal (Second)

FSC #74,113

574 So. 2d 108 (Fla. 1991)

 

05/03/89          Appeal filed.

01/15/91          FSC affirmed the conviction and sentence.

02/27/91          Rehearing denied.

04/01/91          Mandate issued.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC #90-8277

502 U.S. 841 (U.S. 1991)

 

06/18/91          Petition filed.

10/07/91          USSC denied the petition.

 

Circuit Court – 3.850 Motion

CC #85-1299CF

 

05/17/93          Motion filed.

06/08/95          Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC #86,136

707 So. 2d 688 (Fla. 1998)

 

07/24/95          Appeal filed.

02/12/98          FSC affirmed the denial of the 3.850 Motion.

04/01/98          Rehearing denied.

05/01/98          Mandate issued.

 


Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #95,336

773 So. 2d 1 (Fla. 2000)

 

04/15/99          Petition filed.

08/31/00          FSC denied the petition.

 

United States District Court, Middle – Petition for Writ of Habeas Corpus

USDC #99-00415-CV-J-10

 

04/30/99          Petition filed.

06/27/01          Petition denied.

 

United States Court of Appeals, 11th Circuit – Habeas Appeal

USCA #01-14273

300 F.3d 1320 (U.S. 2002)

 

07/27/01          Appeal filed.

08/08/02          USCA affirmed the denial of the Petition for Writ of Habeas Corpus.

 

Circuit Court – 3.850 Motion

CC #85-1299CF

 

01/12/04          Motion filed.

01/19/04          Motion denied.

 

Circuit Court – 3.853 (DNA) Motion

CC #85-1299CF

 

01/19/04          Motion filed.

01/19/04          Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC #04-46

865 So.2d 1259 (U.S. 2004)

 

01/20/04          Appeal filed.

01/29/04          Denial of 3.850 affirmed.

01/29/04          Mandate issued.

 

 

 

 

 

 

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #04-64

865 So.2d 1259 (U.S. 2004)

 

01/23/04          Petition filed.

01/29/04          Petition denied.

01/29/04          Mandate issued.

 

United States Supreme Court – Petition for Writ of Certiorari and Application for

Stay of Execution

USSC #03-8673

124 S.Ct. 1196 (U.S. 2004)

 

02/02/04          Petition for Writ of Certiorari filed.

                        Application for stay of execution filed.

02/04/04          USSC denied the Petition for Writ of Certiorari.

                        Application for stay of execution filed.

 

Warrants

 

12/18/03          Death Warrant signed by Governor Bush. 

01/19/04          Stay of execution denied by the Circuit Court.

02/02/04          Application for stay of execution filed with the United States Supreme Court. (Denied 02/04/04)

02/04/04          Execution date set.

 

 

Factors Contributing to the Delay in Execution of Sentence:

 

On Direct Appeal, the case was remanded for a new sentencing hearing.  The 3.850 Appeal was pending for nearly three years prior to being denied. 

 

 

Case Information:

 

Johnny Robinson filed his first Direct Appeal in the Florida Supreme Court on 06/27/86.  The issues addressed included that the trial court erred in holding parts of the trial while the defendant was not present, in not allowing Robinson to claim voluntary intoxication as a mitigating factor, and in reprimanding defense counsel during closing arguments.  The Florida Supreme Court did not find errors warranting the reversal of the conviction.  The Florida Supreme Court reversed the sentence because the prosecutor improperly argued that the defendant showed no remorse, which was a non-statutory aggravating factor and because the state introduced racial bias into the proceedings by the prosecutor asking a witness if the defendant, a black man, was prejudiced against white people.  The victim was a white woman.  On 01/28/88, the Florida Supreme Court affirmed the conviction, but remanded the case to the trial court for a new sentencing hearing.  A mandate was issued on 03/09/88.

 

On remand from the Florida Supreme Court for a new sentencing hearing, Robinson was sentenced to Death on 04/04/89.

 

Johnny Robinson filed his second Direct Appeal in the Florida Supreme Court on 05/03/89.  The issues addressed included that the trial court erred in its instructions to the jury, in not permitting Robinson to establish voluntary intoxication at the time of the incident, and that the death sentence was not proportionate to the crime committed.  The Florida Supreme Court did not find errors that warranted reversing the conviction or sentence and affirmed the conviction and sentence on 01/15/91.  Rehearing was denied on 02/27/91.  A mandate was issued on 04/01/91.

 

On 06/18/91, Robinson filed a Petition for Writ of Certiorari in the United States Supreme Court.  The petition was denied on 10/07/91.

 

Robinson filed a 3.850 Motion in the circuit court on 05/17/93.  The Motion was denied on 06/08/95.

 

On 07/24/95, Robinson filed a 3.850 Appeal in the Florida Supreme Court.  The issues included that the trial court erred in denying Robison’s claim of newly discovered evidence, denying Robinson’s Brady[a] and Giglio[b] claims, denying claims of ineffective counsel, and determining that Robinson’s race discrimination claim was procedurally barred.  The appeal was denied on 02/12/98.  Rehearing was denied on 04/01/98.  A mandate was issued on 05/01/98.

 

Robinson filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 04/15/99.  The petition was denied on 08/31/00.  Rehearing was denied on 12/08/00.  A mandate was issued on 04/01/91.

 

On 04/30/99, Robinson filed a Federal Petition for Writ of Habeas Corpus in the United States District Court.  The petition was denied on 06/27/01.

 

On 07/27/01, Robinson filed a Habeas Appeal in the United States Court of Appeal.  The United States Court of Appeal affirmed the denial of the Petition for Writ of Habeas Corpus on 08/08/02.

 

Robinson filed a 3.850 Motion in the circuit court on 01/12/04.  The motion was denied on 01/19/04.

 

Robinson filed a 3.853 (DNA) Motion in the circuit court on 01/19/04.  The motion was denied on 01/19/04.

 

On 01/20/04, Robinson filed a 3.850 Appeal in the Florida Supreme Court.  The issues included that the trial court erred in denying Robison’s claim of newly discovered evidence, denying Robinson’s claim of racial bias, and denying Robinson’s motion for DNA testing.  The Florida Supreme Court affirmed the denial of the 3.850 Motion and a mandate was issued on 01/29/04.

 

Robinson filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 01/23/04.  The petition was denied and a mandate was issued on 01/29/04.

 

Robinson filed a Petition for Writ of Certiorari and an application for stay of execution on 02/02/04 in the United States Supreme Court.  The United States Supreme Court denied the Petition for Writ of Certiorari and the application for stay of execution on 02/04/04.

 

Robinson was executed on 02/04/04.

 

Institutional Adjustment:

 

NO DISCIPLINARY ACTIONS                        

________________________________________________________________________

 

Report Date:     03/01/02          S.Q.

Approved:        05/01/02          W.S.

Updated:          02/05/04          S.Q.

 

 

 



[a] A Brady violation occurs when the prosecution withholds information favorable to the defendant’s case.

[b] A Giglio violation occurs when the state knowingly presented or failed to correct material false statements.