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.
MARSHALL, Matthew (B/M)
DC# 648254
DOB: 07/23/64
Nineteenth Judicial Circuit, Martin County Case# 89-174 CF
Sentencing Judge: The Honorable Dwight L. Geiger
Attorney, Trial: Cliff Barnes – Assistant Public Defender
Attorney, Direct Appeal: Louis G. Carres – Assistant Public Defender
Attorney, Collateral Appeals: Melissa M. Donoho – CCRC-S
Date of Offense: 11/01/88
Date of Sentence: 12/12/89
Circumstances of the Offense:
On 12/12/89, Matthew Marshall was convicted of first-degree murder and sentenced to death.
Marshall and Jeffrey Henry were both incarcerated at the Martin Correction Institute on 11/01/88. At the time, Marshall was serving prison time for previous offenses. On the day of the murder, witnesses heard moans and screaming emanating from Henry’s cell. Marshall was seen exiting from the cell with blood on his chest and arms. Minutes later, witnesses saw Marshall re-entering Henry’s cell and heard similar noises emanating from his cell once again. After a moment of silence, witnesses saw Marshall exiting from Henry’s cell, this time covered in blood.
Henry was found dead, lying face-down in his cell with his sweat pants pulled down to his ankles and his hands tied behind his back. Henry’s cause of death was severe blows to the back of the head.
During his indictment, Marshall stated that Henry was known as the “muscle man” for inmates who operated football game-pools. Marshall won sums of money and sought to collect his winnings from the other inmates. The inmates instructed Marshall to obtain his winnings from Henry. When Marshall met Henry at his cell, a fight broke out between the two men when Henry refused to pay. According to Marshall, Henry attacked first and he killed Henry in self-defense.
Additional Information:
Marshall was convicted of the following offenses and was incarcerated at the Martin Correction Institute at the time of Henry’s murder:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
|
|
|
08/10/1984 |
ESCAPE |
03/14/1985 |
MIAMI-DADE |
8418638 |
7Y 0M 0D |
|
|
|
12/02/1983 |
KIDNAP;COMM.OR FAC.FELONY |
05/07/1986 |
MIAMI-DADE |
8323746 |
13Y 0M 0D |
|
|
|
12/02/1983 |
SEX BAT/INJURY NOT LIKELY |
05/07/1986 |
MIAMI-DADE |
8323746 |
13Y 0M 0D |
|
|
|
07/20/1984 |
ROBB. GUN/DEADLY WPN |
05/07/1986 |
MIAMI-DADE |
8416823 |
13Y 0M 0D |
|
|
|
06/29/1984 |
ROBB. GUN/DEADLY WPN |
05/07/1986 |
MIAMI-DADE |
8423078 |
13Y 0M 0D |
|
|
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Community Supervision Length |
|
07/28/1983 |
GRAND THEFT,$300 LESS &20,000 |
09/26/1983 |
BROWARD |
8308072 |
1Y 0M 0D |
Trial Summary:
02/16/89 Indicted as follows:
Count I: First-Degree Murder (Jeffrey Henry)
12/08/89 Jury returned guilty verdicts on all counts of the indictment
12/11/89 Jury recommended the life sentence by a vote of 12-0
12/12/89 Trial judge rejected jury’s recommendation and imposed death sentence
12/12/89 Sentenced as follows:
Count I: First-Degree Murder – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 75, 406
604 So. 2d 799 (Fla. 1992)
01/30/90 Appeal filed
07/16/92 FSC affirmed conviction and death sentence
07/30/92 Motion for a rehearing filed
09/28/92 Rehearing denied
10/29/92 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 92-7602
508 U.S. 915
02/11/93 Petition filed
05/17/93 Petition denied
State Circuit Court – 3.850 Motion
CC# 89-174 CF
01/19/95 Motion filed
01/29/99 Amended Motion filed
04/18/00 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 00-1186
854 So.2d 1235 (Fla. 2003)
06/20/00 Appeal filed
06/12/03 FSC remanded for evidentiary hearing
06/23/03 Motion for a rehearing filed
09/08/03 Rehearing denied
10/08/03 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 02-420
911 So. 2d 1129
02/22/02 Petition filed
05/26/05 Petition denied
09/15/05 Rehearing denied
State Circuit Court – 3.850 Motion (On Remand from FSC)
CC# 89-174 CF
10/08/03 Case remanded from the Florida Supreme Court for an evidentiary hearing
09/28/05 Issue of juror misconduct denied
Florida Supreme Court – 3.850 Appeal
FSC# 05-2379
12/12/05 Appeal filed
12/06/07 FSC affirms trail court’s denial of postconviction relief.
12/20/07 Motion for Rehearing filed.
02/29/08 Rehearing denied.
03/17/08 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC# 05-9181
126 S. Ct. 2059
02/09/06 Petition filed
05/15/06 Petition denied
United States District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 09-14065
02/27/09 Petition filed
09/21/09 Petition denied
United States Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 09-15419
610 F.3d 576
10/20/09 Appeal filed
06/28/10 USCA affirmed the denial of the Habeas Petition
State Circuit Court – 3.851 Motion
CC# 89-174
11/29/10 Motion filed
02/21/11 Motion denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 10-8557
01/18/11 Petition filed
03/28/11 Petition denied
Florida Supreme Court – 3.851 Appeal
FSC# 11-616
(Pending)
03/29/11 Appeal filed
Factors Contributing to the Delay in Imposition of Sentence:
It took over five years for the Circuit Court to deny Marshall’s 3.850 Motion. When Marshall appealed the Circuit Court’s denial of the 3.850 Motion to the Florida Supreme Court, it took three years for the Court to render a decision.
On 10/08/03, the Florida Supreme Court remanded Marshall’s 3.850 Motion back to the Circuit Court for an evidentiary hearing on the claim of juror misconduct. It took nearly two years for the Circuit Court to render a decision, which denied the issue of juror misconduct, on 09/28/05.
Case Information:
Marshall filed a Direct Appeal to the Florida Supreme Court on 01/30/90. There were numerous issues raised. First, Marshall claimed that the trial court erred in permitting an inmate to testify identified only by number, not by name. Second, he argued that the trial court erred in instructing the jury on manslaughter. Third, Marshall claimed that the trial court erred in instructing the jury that self-defense was unavailable to third-degree murder where the underlying felonies were respectively burglary and aggravated battery. Fourth, he argued that the trial court erred in denying Marshall an instruction on aggravated assault in connection with self-defense instruction. Fifth, Marshall claimed the trial court erred in not declaring a mistrial after the prosecution conceded that it had failed to link evidence to the alleged motive. Sixth, he argued that the trial court erred in admitting evidence of gambling slips found in Marshall’s cell six months after the murder. Seventh, Marshall claimed that the trial court erred in refusing to poll prospective juror to determine whether they had read an article about the murder appearing in the Palm Beach Post. Eight, Marshall alleged that the trial court erred in finding the murder to be heinous, atrocious, or cruel. Finally, he argued that the trial court abused its discretion in sentencing Marshall to death where the jury had made a recommendation of life imprisonment. The Court affirmed Marshall’s conviction and death sentence on 07/16/90.
Marshall filed a Petition for Writ of Certiorari to the United States Supreme Court on 02/11/93, which was denied on 05/17/93.
On 01/19/95, Marshall filed a 3.850 Motion to the Circuit Court. The Motion was amended on 01/29/99. The Motion was pending for five years until it was denied on 04/18/00.
Marshall filed 3.850 Appeal to the Florida Supreme Court on 06/22/00. On 06/12/03, the Court remanded for an evidentiary hearing on claims of juror misconduct. On 06/23/03, Marshall filed a motion for a rehearing, which was denied on 09/08/03. The mandate was issued on 10/08/03.
On 02/22/02, Marshall filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was denied on 05/26/05. On 06/10/05, Marshall filed a motion for a rehearing, which was denied on 09/15/05.
On 10/08/03, the Florida Supreme Court remanded Marshall’s 3.850 Motion back to the Circuit Court for an evidentiary hearing on the claim of juror misconduct. On 09/28/05, the Circuit Court denied the issue of juror misconduct.
On 12/12/05, Marshall filed a 3.850 Appeal to the Florida Supreme Court. The FSC affirmed the trial court’s denial of postconviction relief in an opinion ordered and entered on 12/06/07. On 12/20/07, Marshall filed a Motion for Rehearing which was denied 02/29/08. The Florida Supreme Court issued a mandate in this case on 03/17/08.
On 02/09/06, Marshall filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 05/15/06.
On 02/27/09, Marshall filed a Petition for Writ of Habeas Corpus in the United States District Court, Southern District. This petition was denied on 09/21/09.
Marshall filed a Habeas Corpus Appeal in the United States Court of Appeals on 10/20/09. The USCA affirmed the denial of the Habeas Petition on 06/28/10.
On 11/29/10, Marshall filed a 3.851 Motion in the State Circuit Court. This motion was denied on 02/21/11.
Marshall filed a Petition for Writ of Certiorari in the United States Supreme Court on 01/18/11. This petition was denied on 03/28/11.
Marshall filed a 3.851 Appeal in the Florida Supreme Court on 03/29/11. This case is currently pending.
Institutional Adjustment:
|
DATE |
DAYS |
VIOLATION |
LOCATION |
|
06/26/86 |
30 |
FIGHTING |
MARION C.I. |
|
08/04/86 |
30 |
DISORDERLY CONDUCT |
MARION C.I. |
|
10/11/86 |
90 |
UNARMED ASSAULT |
MARION C.I. |
|
10/12/86 |
180 |
UNARMED ASSAULT |
MARION C.I. |
|
03/13/87 |
30 |
DISORDERLY CONDUCT |
MARTIN C.I. |
|
05/11/89 |
15 |
POSS OF CONTRABAND |
MARTIN C.I. |
|
07/21/89 |
30 |
DISOBEYING ORDER |
MARTIN C.I. |
|
01/12/94 |
0 |
DISORDERLY CONDUCT |
UNION C.I. |
|
02/27/97 |
30 |
FIGHTING |
UNION C.I. |
________________________________________________________________________
Report Date: 12/07/04 NRC
Approved: 01/10/04 JFL
Updated: 04/28/11 EMJ