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.
Hoskins, Johnny (Johnnie) (B/M)
AKA Jamil Alle
DC# 962032
DOB: 10/31/1963
Eighth Judicial Circuit, Brevard County Case #92-017795
Sentencing Judge: The Honorable Harry Stein
Sentencing Judge (at resentencing): The Honorable Jere Lober
Attorney, Trial: Ernie Chang, Assistant Public Defender
Attorney, Direct Appeal: James Gibson, Public Defender and James Wulchack, Assistant Public Defender
Attorney, Direct Appeal (after resentencing): James Purdy, Public Defender and Christopher Quarles, Assistant Public Defender
Attorney, Collateral Appeals: Carol C. Rodgriguez − CCRC-M
Date of Offense: 10/17/1992
Date of Sentence: 11/04/1994
Date of Resentence: 11/20/2004
Circumstances of Offense:
On October 18, 1992, police were summoned to the residence of Dorothy Berger. Neighbors had noticed that her door was open and her television and air conditioner were on, but she was not home. Although, there were no signs of forced entry, several items were out of place, and a shoe impression was visible in the dust on the floor. Berger’s car was also gone. The previous evening, a witness had seen Berger’s neighbor, Johnnie Hoskins, driving a car similar to Berger’s.
The same day police were called to Berger’s house in Brevard County, Hoskins arrived at his parent’s home in Georgia and asked to borrow a shovel. He returned to his parent’s house about 20 minutes later. Hoskins was stopped in Georgia on October 19, 1992, for a traffic violation; the car was later determined to be the victim’s. Along with blood, police found vegetation in the trunk that was later used to discover the victim’s body in a grave. Her hands were tied behind her back and her mouth was gagged.
Postmortem examinations indicated the victim was raped, and DNA evidence found in semen on the victim and the victim’s bed could have come from Hoskins. Berger received several blows to the head and numerous bodily injuries, but her death was caused by strangulation.
Prior Incarceration History in the State of Florida:
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Prison Sentence Length |
10/17/1992 |
1ST DG MUR/PREMED. OR ATT. |
11/04/1994 |
BREVARD |
9217795 |
DEATH SENTENCE |
10/17/1992 |
BURGLARY ASSAULT ANY PERSON |
11/04/1994 |
BREVARD |
9217795 |
SENTENCED TO LIFE |
10/17/1992 |
SEX BAT/ WPN. OR FORCE |
11/04/1994 |
BREVARD |
9217795 |
SENTENCED TO LIFE |
10/17/1992 |
KIDNAP;COMM.OR FAC.FELONY |
11/04/1994 |
BREVARD |
9217795 |
SENTENCED TO LIFE |
10/17/1994 |
ROBB. NO GUN/DDLY.WPN |
11/04/1994 |
BREVARD |
9217795 |
15Y 0M 0D |
Trial Summary:
11/10/1992 Indicted as follows:
Count I: Robbery without a firearm
Count II: First -Degree murder
Count III: Sexual Battery with a deadly weapon
Count IV: Burglary
Count V: Kidnapping
03/21/94 Jury returned guilty verdicts on all counts of the indictment
11/04/94 Jury recommended death by a vote of 12-0
11/04/94 Sentenced as follows:
Count I: Robbery without a firearm – Life imprisonment
Count II: First-Degree murder - Death
Count III: Sexual Battery with a deadly weapon – Life imprisonment
Count IV: Burglary – Life imprisonment
Count V: Kidnapping – 15 years
05/11/99 Convictions affirmed by FSC, death sentence vacated and remanded for new
penalty phase
11/01/04 Jury recommended death by a vote of 11-1 (Resentencing)
11/12/04 Resentenced to death.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 60-84737
702 So.2d 202
11/21/94 Appeal filed.
10/06/97 Remanded for PET scan.
05/13/99 Convictions were affirmed, but death sentence was vacated and remanded for a new penalty phase.
06/21/99 Rehearing denied
07/21/99 Mandate issued.
Circuit Court – Resentencing
CC#92-017795
07/02/99 Case reopened.
11/01/04 Jury recommended death by a vote of 11-1 (Resentencing)
11/12/04 Resentenced to death.
Florida Supreme Court – Direct Appeal (Resentence)
FSC # 05-28
965 So.2d 1
01/03/05 Appeal filed.
04/19/07 Convictions and sentence affirmed.
08/08/07 Rehearing denied.
08/24/07 Mandate issued.
United States Supreme Court- Writ of Certiorari
USSC# 07-7696
128 U.S. 1112
11/06/07 Petition filed.
01/14/08 Petition denied.
Circuit Court – 3.850 Motion
CC#92-017795
01/09/09 Motion filed.
01/14/10 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #10-450
(Pending)
03/11/10 Appeal filed.
Factors Contributing to the Delay in Imposition of Sentence:
The first direct appeal was remanded for a PET-Scan and medical evaluation of Hoskins. The FSC directed the Circuit Court to hold a new penalty phase. The second penalty phase took four years to conclude. Upon resentencing, Hoskins received a second death sentence, which was again appealed to the Florida Supreme Court.
Case Information:
Hoskins was sentenced to death on 11/04/94, and filed a Direct Appeal with the Florida Supreme Court on 11/21/94. In this initial Direct Appeal, Hoskins raised the following issues: (1) excusal from jury service were improperly granted, (2) the trial judge improperly barred neurological testing (3) the death penalty was improperly imposed, and (4) Florida’s death penalty statute is unconstitutional. Upon review, the FSC affirmed Hoskins’ convictions but remanded to the State Circuit Court for a PET Scan and new penalty phase. A rehearing was denied on 06/21/99 and the mandate issued on 07/21/99.
On 07/02/99, the resentencing phase began in the State Circuit Court. The jury recommended death by a vote of 11-1 on 11/01/04. The sentencing judge followed the jury’s recommendation and resentenced Hoskins to death on 11/12/04.
At the new penalty phase, Hoskins was again sentenced to death. He filed a second Direct Appeal to the Florida Supreme Court on 01/03/05. Issues raised in this Direct Appeal included: (1) overruling defense’s objection to State’s use of preemptory challenges of African American juror, (2) Hoskins’ limited examination during voir dire concerning juror’s ability to “gory photographs”, (3) trial court failed to give the requested limiting instructions on victim impact statements, (4) trial court’s denied Hoskins’ requested jury instruction, (5) the trial court improperly weighed mitigating and aggravating circumstances, and (6) Florida’s death penalty sentencing process is unconstitutional. The convictions and sentences were affirmed on 04/19/07. A rehearing was denied on 08/08/07 and the mandate was issued on 08/24/07.
On 11/06/07, Hoskins filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 01/14/08.
On 01/09/09, Hoskins filed a 3.850 Motion in the Circuit Court. This motion was denied on 01/14/10.
On 03/11/10, Hoskins filed a 3.850 Appeal in the Florida Supreme Court. This appeal is pending.
________________________________________________________________________
Report Date: 09/11/07 MCL
Approved: 09/25/07 BK/RM
Updated: 03/16/10 CAR