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. 

 

JOHNSON, Terrell (W/M)

DC#    010796         

DOB: 04/15/46         

 

­­­­Ninth Judicial Circuit, Orange County, Case # 80-101

Sentencing Judge, Trial: The Honorable Rom W. Powell

Attorney, Trial: Gerald Jones – Assistant Public Defender

Attorney, Direct Appeal: Ronald K. Zimmet – Assistant Public Defender

Attorney, Collateral Appeals: William Hennis – CCRC-S

 

Date of Offense:         12/04/79         

Date of Sentence:       10/03/80         

 

Circumstances of Offense:

 

Terrell Johnson went to Orange County’s Lola’s Tavern on December 4, 1979, to reclaim a gun he had pawned to the owner of the tavern, James Dodson.  Dodson had demanded $100 to return the gun even though he had bought it from Johnson for only $50.  Johnson wanted to test fire the gun before he gave Dodson the money for it and went out to an accompanying field to fire several shots.  Johnson returned to the tavern angered by the inflation in price that Dodson had requested and decided to rob the tavern.  Johnson relayed to the police that he forced Dodson and Charles Himes, a customer, into the men’s bathroom with the intention of tying them up with electrical cord.  Johnson then stated that Himes attacked him and caused him to shoot both men as he began firing wildly.  Johnson took all of the money out of the cash drawer, as well as Dodson’s gun that was kept under the bar.  As he was wiping the bar surface clear of fingerprints, Johnson heard sounds coming from the bathroom.  According to Johnson, he returned to the bathroom and finding Himes alive, shot him again to “stop his suffering.”  Johnson later sold the murder weapon prior to leaving Florida.

 

Johnson was arrested several weeks later for an unrelated crime in Oregon.  Johnson still had Dodson’s gun and was linked to the murders by a warrant in the National Crime Information Center.

 

Trial Summary:

 

05/23/80          Defendant was indicted with the following:

                                    Count I:           First-Degree Murder

                                    Count II:         First-Degree Murder

09/26/80          Defendant was found guilty on Count I as charged and found guilty of the

lesser offense of Second-Degree Murder for Count II.

09/29/80          The jury recommended a sentence of Death by a majority vote.

10/03/80          Defendant was sentenced as follows:

                                    Count I:           First-Degree Murder – Death

                                    Count II:         First-Degree Murder – Life

 

 

Prior Incarceration History in the State of Florida:

 

 

Offense Date

Offense

Sentence Date

Sentence

10/19/1975

Burglary of an unoccupied structure.

12/04/1975

5 Years

10/19/1975

Attempted armed burglary

03/08/1976

5 Years

11/09/1976

Escape

01/10/1977

6 Months

 

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 59,811

442 So. 2d 193

 

10/17/80          Appeal filed.

11/23/83          FSC affirmed the convictions and sentence of death.

01/13/84          Rehearing denied.

 

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 83-6390

466 U.S. 963

 

03/07/84          Petition filed.

04/30/84          Petition denied.

 

State Circuit Court – 3.850 Motion

CC# 80-101

 

10/06/86          Motion filed.

06/12/89          Motion denied.

 

 

Florida Supreme Court – 3.850 Appeal

FSC# 74,662

593 So. 2d 206

 

09/05/89          Appeal filed.

01/02/92          FSC affirmed circuit court’s denial of 3.850.

03/03/92          Rehearing denied.

03/03/92          Mandate issued.

 

U.S. District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 92-378

 

05/04/92          Petition filed.

09/08/94          USDC dismissed Petition without prejudice.

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 91-8337

506 U.S. 839

 

05/15/92          Petition filed.

10/05/92          Petition denied.

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 85,028

695 So. 2d 263

 

01/18/95          Petition filed.

12/19/96          Petition denied.

 

State Circuit Court – 3.850 Motion

CC# 80-101

 

02/13/97          Motion filed.

06/15/99          Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC# 96,333

804 So. 2d 1218

 

08/23/99          Appeal filed.

10/25/01          FSC affirmed circuit court’s denial of 3.850.

12/31/01          Rehearing denied.

01/30/02          Mandate issued.

 

State Circuit Court – 3.850 Motion

CC# 80-101

 

02/11/02          Motion filed.

11/06/02          Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC# 03-1042

904 So. 2d 400

 

06/11/03          Appeal filed.

04/28/05          FSC affirmed denial of Motion.

06/10/05          Rehearing denied.

06/27/05          Mandate issued.

 

United States Supreme Court- Writ of Certiorari

USSC# 04-1545

545 U.S. 1141

 

05/14/05          Petition filed.

06/27/04          Petition denied.

 

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

USDC# 06-577

 

04/28/06          Petition filed.

06/22/06          USDC struck petition.

11/16/06          Petition refiled.

08/26/09          Petition denied.

10/16/09          Application for Certificate of Appealability

10/21/09          Order denying application

 

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

USCA# 09-15344-P

(Pending)

 

10/16/09          Appeal filed

 

Circuit Court – 3.850 Motion

CC# 80-101

(Pending)

 

11/29/10          Motion filed

 

Death Warrant Information:

 

05/31/85          Death Warrant signed by Governor Bob Graham.

06/19/85          A stay of execution was granted by the circuit court. 

 

Clemency Hearing:

 

03/13/85          Hearing held (denied). 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

There have been three 3.850 Motions filed with the state circuit court.

 

 Case Information:  

 

A Direct Appeal was filed with the Florida Supreme Court (FSC) on 10/17/80.  Issues that were raised on appeal included discrepancies concerning “expert” testimony and whether the revised trial transcripts omitted material that was included in the initial trial transcripts.  The FSC found all of the claims either harmless or without merit and affirmed the convictions and sentence of Death on 11/23/83. 

 

A Petition for Writ of Certiorari was filed with the U.S. Supreme Court on 03/07/84 and denied on 04/30/84.

 

A 3.850 Motion was filed with the circuit court on 10/06/86 and the convictions and sentence were affirmed on 06/12/89.  A 3.850 Appeal was filed with the FSC on 09/05/89.  Issues that were raised on appeal included whether the defendant’s trial counsel was ineffective and whether the jury was erroneously instructed concerning the requirements for a life sentence.  The FSC found all of the claims either harmless or without merit and affirmed the circuit court’s denial of the 3.850 Motion on 01/02/92.

 

A Petition for Writ of Habeas Corpus was filed with the U.S. District Court, Middle District on 05/05/92 and the Petition was dismissed without prejudice on 09/08/94.

 

A Petition for Writ of Certiorari was filed with the U.S. Supreme Court on 05/15/92 and denied on 10/05/92.

 

A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 01/18/95.  Issues that were raised included whether the defendant was denied effective assistance of counsel and whether the defendant was denied his right to the independent and competent assistance of a mental health expert.  The FSC found all 23 claims either procedurally barred or without merit and denied the Petition on 12/19/96.

 

A 3.850 Motion was filed with the circuit court on 02/13/97 and was denied on 06/15/99. 

 

A 3.850 Appeal was filed with the Florida Supreme Court on 08/23/99. Issues that were raised on appeal included whether the summary denial of the defendant’s 3.850 Motion was improper and whether the defendant was denied access to public records relating to the jurors.  The FSC found all of the claims either harmless or without merit and affirmed the circuit court’s denial of the 3.850 Motion on 10/25/01. 

 

A 3.850 Motion was filed with the circuit court on 02/11/02 and was denied on 11/06/02. 

A 3.850 Motion Appeal was filed with the Florida Supreme Court on 06/11/03, citing public records issues and Ring claims.  On 04/28/05, the Florida Supreme Court affirmed the denial of the Motion.    

 

A Petition for Writ of Habeas Corpus was filed with the United States District Court, Southern District, on 04/28/06, but was struck by the court on 06/22/06.  A new petition was filed on 11/16/06.  This petition was denied on 08/26/09. An application for a Certificate of Appealability was filed on 10/16/09, and an order denied it on 10/21/09.

 

An Appeal was filed with the United States Court of Appeals, 11th District, on 10/16/09. This appeal is pending.

 

On 11/29/10, Johnson filed a 3.850 Motion with the Circuit Court.  This motion is still pending.

 

 

Institutional Adjustment:

 

                                                                     

DATE     DAYS                    VIOLATION                                     LOCATION      

05/28/76     20                        UNKNOWN                                    CENTRAL OFFICE     

06/01/77      0                        UNKNOWN                                     CENTRAL OFFICE     

05/14/91      0                         FIGHTING                             FLORIDA STATE PRISON

06/11/92      0                  POSS OF NARCOTICS                FLORIDA STATE PRISON

07/15/94      0               UNAUTH USE OF DRUGS                           UNION C. I.        

01/12/95      0                  POSS OF NARCOTICS                               UNION C. I.        

11/02/98      0               UNAUTH USE OF DRUGS                           UNION C. I.        

 

____________________________________________________________________

 

Report Date:   05/20/03          cc

Approved:       07/10/03          ws

Updated:         01/26/11          CAR