The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.


John Richard Marek

win
Executed on 8/19/2009

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Last Action
Case Summary

Execution Date Set for 8/19/2009, 6:00 P.M.




Last Action


DateCourtCase NumberLast Action
8/19/2009Executed
6/25/2009FSC09-10803.851 Appeal filed
6/25/2009FSC09-1080Initial brief filed
6/25/2009FSC09-1080Answer brief filed
6/26/2009FSC09-1080Reply brief filed
7/1/2009FSC09-1080Oral Arguments held
7/16/2009FSC09-10803.851 Motion denied; Stay of Execution lifted
7/16/2009FSC09-1080Mandate issued
8/17/2009FSC09-14543.851 Appeal filed
8/19/2009FSC09-1454FSC affirmed CC denial of post-conviction relief
8/6/2009USSC09-5778Petition for Writ of Certiorari and Application for Stay of Execution filed
8/14/2009USSC09-5778Initial Brief filed
8/19/2009USSC09-5778Petition and Application denied
8/18/2009FSC09-5943Petition for Writ of Certiorari and Application for Stay of Execution filed
8/19/2009FSC09-5943Petition and Application denied
8/19/2009USSC09-5998Petition for Writ of Certiorari and Application for Stay of Execution filed
8/19/2009USSC09-5998Petition and Application denied
8/5/2009CC83-70883.851 Motion filed
8/13/2009CC83-7088Status Conference held
8/17/2009CC83-7088Motion denied

Current Attorney


Last NameFirst NameCityAddressZipPhoneEmail
McClainMartin J.Wilton Manors, FL141 N.E. 30th St.33334-1064305/984-8344Email

Cases


AttorneyCase NumberJudgeCountyCCRCAppt. OrderContract Sign
McClain83-7088-CFWeinsteinBrowardNorth-P6/30/20038/25/2003


Case Summary


The Commission on Capital Cases updates this information regularly

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.

 

MAREK, John Richard (W/M)

DC# 094417

DOB:  09/17/61

 

Seventeenth Judicial Circuit, Broward County, Case# 83-7088

Sentencing Judge:  The Honorable Stanton S. Kaplan

Attorney, Trial:  Robert Carney – Private

Attorney, Direct Appeal:  Bruce H. Little – Private

Attorney, Collateral Appeals:  Martin J. McClain – Registry

 

Date of Offense: 06/16/83

Date of Sentence: 07/03/84

 

Circumstances of the Offense:

 

Around 11 p.m. on 06/16/83, two women were returning home from a vacation via the Florida Turnpike when their car broke down.  John Marek and Raymond Wigley stopped and attempted to fix the two women’s car.  When Marek and Wigley were unable to fix the car, Marek persuaded one of the women, Adella Marie Simmons, to ride with the two men to a service station.

 

Marek and Wigley took the 47-year-old victim to a desolate beach approximately 60 miles from the car.  The two men dragged Simmons to the observation room of a lifeguard stand.  In the observation room, Simmons’ shorts were removed, and her pubic hairs and one finger were burned.  Wigley testified that the victim was forced to perform oral sex and was sexually assaulted repeatedly.  Simmons was then strangled with a bandana at approximately 3:00 to 3:30 a.m.

 

At approximately 3:30 a.m. on 06/17/83, an officer observed a truck parked approximately 100 yards from the lifeguard tower.  The officer spoke with both Wigley and Marek before releasing them. Around 7:00 a.m., a lifeguard found the victim’s body. At 11:30 that night, both Wigley and Marek were arrested because the truck they were driving was stolen.  When the truck was searched, the Simmons’ jewelry and a gun were found.  The arrest led to both Wigley and Marek being arrested for the murder of Simmons.

 

Fingerprints found at the lifeguard tower matched both Wigley and Marek.  Only Marek’s prints were found inside the observation deck where Simmons’ body was found.

Codefendant Information:

 

Raymond Dewayne Wigley (DC# 094065)

 

Wigley was sentenced on 05/29/84 as follows (CC# 83-7088):

 

Count I:           First-Degree Murder – Life with 25 years mandatory

Count II:         Kidnapping – 12 years to run consecutive with Count I

Count III:        Burglary – 5 years to run consecutive to Count I and concurrentwith Count II

Count IV:        Sexual Battery – 90 years to run consecutive to Count I andconcurrent to Count II and III

 

All of these sentences are to run consecutive to the six months that Wigley was serving for contempt of court.

 

While in prison, Wigley died of natural causes.

 

Trial Summary:

 

07/06/83          Indicted as follows:

 

Count I:           First-Degree Murder

Count II:         Kidnapping

Count III:        Burglary

Count IV:        Sexual battery

Count V:         Sexual Battery

 

07/20/83          Defendant pled not guilty.

09/28/83          Court granted motion to sever.

06/01/84          Defendant was found guilty on all counts of the indictment.

06/05/84          Jury recommended death by a vote of 10-2.

07/03/84          Sentenced as follows:

 

Count I:           First-Degree Murder – Death

Count II:         Kidnapping – 30 years to be served consecutively to Count I.

Count III:        Lesser Included Offense of Criminal Attempt: Burglary with an Assault – 9 years to be served

consecutively to Count I and concurrently with Count II.

Count IV:        Lesser Included Offense of Battery – Sentence suspended by the Court.

Count V:         Lesser Included Offense of Battery – Sentence suspended by the Court.

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 65,821

492 So. 2d 1022 (Fla. 1986)

 

09/04/84          Appeal filed

06/26/86          FSC affirmed the conviction and sentence

09/08/86          Rehearing denied

10/08/86          Mandate issued

 

State Circuit Court – 3.850 Motion

CC# 83-7088CF-10B

 

10/10/88          Motion filed

11/07/88          Motion denied

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 73,175

547 So. 2d 109 (Fla. 1989)

 

10/12/88          Petition filed

05/11/89          Petition denied

08/29/89          Rehearing denied

08/29/89          Mandate issued

 

Florida Supreme Court – 3.850 Appeal

FSC# 73,278

547 So. 2d 109

 

11/07/88          Appeal filed

05/11/89          FSC affirmed the trial’s court denial of the 3.850 Motion

08/29/89          Rehearing denied

08/29/89          Mandate issued

 

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

USDC# 89-6824

 

10/10/89          Petition filed

10/01/90          Petition denied

 

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

USCA# 90-6083

62 F.3d 1295

 

12/28/90          Appeal filed

08/14/95          USCA affirmed the USDC’s denial of the Habeas Petition

11/06/95          Rehearing denied

11/14/95          Mandate issued

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 80,351

626 So. 2d 160

 

08/18/92          Petition filed

09/02/93          Petition denied

11/17/93          Rehearing denied

 

State Circuit Court – 3.850 Motion

CC# 83-7088CF-10B

 

07/26/93          Motion filed

12/06/96          Amended Motion filed

09/05/03          Motion denied

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 93-8029

511 U.S. 1100

 

02/15/94          Petition filed

05/16/94          Petition denied

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 95-9105

519 U.S. 838

 

05/28/96          Petition filed

10/07/96          Petition denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 04-229

940 So.2d 427

 

02/16/04          Appeal filed

06/16/06          The FSC affirmed the Circuit Court’s denial of Marek’s 3.850 Motion

09/21/06          Motion for Rehearing denied

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 05-1491

940 So.2d 427

 

08/22/05          Petition filed

08/24/05          Petition stricken for non-compliance (exceeding 50 pages)

09/06/05          Proper petition filed

06/16/06          Petition denied

09/21/06          Motion for Rehearing denied

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 06-9700

550 U.S. 910

 

12/20/06          Petition filed

04/23/07          Petition denied

 

State Circuit Court – 3.851 Motion

CC# 83-7088CF-10B

 

05/11/07          Motion filed

07/18/08          1st Amended Motion filed

04/23/09          Motion denied

 

Florida Supreme Court – 3.851 Appeal

FSC# 09-765

8 So.3d 1123

 

04/29/09          Appeal filed

05/04/09          Oral Arguments held

05/08/09          Disposition affirmed, Appeal denied

05/08/09          Mandate issued

 

State Circuit Court – 3.851 Motion

CC# 83-7088CF-10B

 

05/01/09          Motion filed

05/06/09          Emergency Hearing held

05/08/09          Motion denied

 

Florida Supreme Court – 3.851 Appeal

FSC# 09-821

11 So.3d 355

 

05/09/09          Appeal filed

05/11/09          Request for Stay of Execution and Oral Arguments filed

05/11/09          Execution stayed, pending Oral Arguments

05/20/09          Oral Arguments held

05/21/09          Denial reversed, remanded for a new Evidentiary Hearing in the Circuit Court under a different judge

 

State Circuit Court – 3.851 Motion

CC# 83-7088CF-10B

 

06/02/09          Evidentiary Hearing held

06/04/09          Motion filed

06/19/09          Motion denied

 

Florida Supreme Court – 3.851 Appeal

FSC# 09-1080

 

06/25/09          Appeal filed

07/01/09          Oral Arguments held

07/16/09          FSC affirmed CC denial of post-conviction relief, and lifted the Stay of Execution

07/16/09          Mandate issued

 

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

USSC# 09-5778

 

08/06/09          Petition for Writ of Certiorari and Application for Stay of Execution filed

08/19/09          Petition and Application denied

 

State Circuit Court – 3.851 Motion

CC# 83-7088CF-10B

 

08/05/09          Motion filed

08/17/09          Motion denied

 

Florida Supreme Court – 3.851 Appeal

FSC# 09-1454

 

08/17/09          Appeal filed

08/19/09          FSC affirmed CC denial of post-conviction relief

 

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

USSC# 09-5943

 

08/18/09          Petition for Writ of Certiorari and Application for Stay of Execution filed

08/19/09          Petition and Application denied

 

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

USSC# 09-5998

 

08/19/09          Petition for Writ of Certiorari and Application for Stay of Execution filed

08/19/09          Petition and Application denied

 

 

Warrants:

 

09/12/88          Death Warrant signed by Governor Bob Martinez

11/08/88          FSC granted stay of execution

 

09/07/89          Death Warrant signed by Governor Bob Martinez

10/10/89          USDC granted stay of execution

 

04/20/09          Death Warrant signed by Governor Charlie Christ

05/11/09          FSC granted stay of execution

 

08/19/09          Marek executed by lethal injection.

 

Clemency:

 

02/10/88          Clemency hearing held (denied)

 

 

Factors Contributing to the Delay in the Imposition of the Sentence:

 

The Habeas Appeal filed to the United States Court of Appeals, 11th Circuit, was pending for four years.  The 3.850 Motion filed to the Circuit Court on 07/26/93 was denied 10 years later on 09/05/03.

 

Case Information:

 

On 09/04/84, Marek filed a Direct Appeal to the Florida Supreme Court.  Among several issues raised within the appeal, the main issue was that the trial judge erred in sentencing Marek to death while Wigley was sentenced to life.  The Court found this argument to be without merit and affirmed Marek’s conviction and sentence on 06/26/86.  The rehearing was denied on 09/08/86 and the mandate was issued on 10/08/86.

 

Marek filed a 3.850 Motion to the Circuit Court on 10/10/88.  The motion was denied on 11/07/88.

 

On 10/12/88, Marek filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.  On 11/07/88, he filed a 3.850 Appeal to the same court.  The Court found no basis for the Habeas Corpus relief and affirmed the trial court’s denial of the 3.850 Motion on 05/11/89.  The rehearing was denied on 08/29/89.

 

On 10/10/89, Marek filed a Petition for Writ of Habeas Corpus to the United States District Court, which was denied on 10/01/90.  He then filed a Habeas Appeal to the United States Court of Appeal, 11th Circuit on 12/28/90.  He raised five issues on appeal. The Court of Appeals found no merit in the ineffective counsel claims and affirmed the USDC judge’s decision on the remaining issues.  Therefore, the Court of Appeals affirmed the USDC’s denial of relief on 08/14/95.  The rehearing was denied on 11/06/95 and the mandate was issued on 11/14/95.

 

Marek filed another Petition for Writ of Habeas Corpus to the Florida Supreme Court on 08/18/92.  The main issue raised in the petition was that the jury received unconstitutional instructions pertaining to the application of the heinous, atrocious, and cruel aggravating factor.  The issue was found to be procedurally barred.  The petition was denied 09/02/93.  The rehearing was denied on 11/17/93.

 

On 07/26/93, Marek filed another 3.850 Motion to the Circuit Court, which was denied 09/05/03.

 

On 02/15/94, Marek filed a Petition for Writ of Certiorari to the United States Supreme Court, pertaining to the Florida Supreme Court’s denial of the Habeas petition.  The petition was denied on 05/16/94.  He then filed another Petition for Writ of Certiorari to the United States Supreme Court, pertaining to the United States Court of Appeals’, 11th Circuit, affirmation of the USDC’s denial of the Habeas petition on 05/28/96.  The petition was denied on 10/07/96.  On 09/21/06, the Motion for Rehearing was denied.

 

On 02/16/04, Marek filed a 3.850 Appeal to the Florida Supreme Court.  Subsequently, Marek filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 08/22/05.  On 08/24/05, the petition was stricken for non-compliance (exceeding 50 pages in length) with Florida Rule of Appellate Procedure 9.100; on 09/06/05, a proper petition was filed.  Marek’s Motion to Continue Oral Argument was granted on 05/11/06; thus, the 3.850 Appeal and the Habeas Petition, which were scheduled for oral argument on 06/0706, had been removed from the oral argument calendar.  Although the Court initially scheduled oral argument for these cases, the Court concluded, upon further review, that it was unnecessary in light of the clarity of the issues and the successive posture of the cases.  Finding no merit to any of Marek’s claims, the Court affirmed the denial of his 3.850 Motion and denied his Habeas Petition on 06/16/06.  On 09/21/06, the Motion for Rehearing was denied.

 

On 12/20/06, Marek filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 04/23/07.

 

On 05/11/07, Marek filed a 3.851 Motion in the Circuit Court.  On 07/18/08, Marek filed an amended motion in the Circuit Court.  This 3.851 Motion was denied on 04/23/09.

 

On 04/29/09, Marek filed a 3.851 Appeal in the Florida Supreme Court.  Oral Arguments were held on 05/04/09.  On 05/08/09, the Florida Supreme Court affirmed the lower court’s disposition and denied the 3.851 Appeal.  On 05/08/09, a mandate was issued in this case.

 

On 05/04/09, Marek filed a 3.851 Motion in the Circuit Court.  An emergency hearing was held on 05/06/09.  This motion was denied on 05/08/09.

 

On 05/09/09, Marek filed a 3.851 Appeal in the Florida Supreme Court. On 05/11/09, Marek filed a Motion for Stay of Execution and Request for Oral Arguments.  Both of these requests were granted the same day.  The Florida Supreme Court granted a stay of execution pending Oral Arguments, which was held on 05/20/09.  On 05/21/09, the Florida Supreme Court reversed the lower court’s denial of the 3.851 motion and remanded for a new evidentiary hearing in the circuit court under a different judge.  A new order is due 30 days from 05/21/09.

 

On 06/02/09, an Evidentiary Hearing was held in the Circuit Court.  On 06/04/09, Marek filed a 3.851 Motion which was denied on 06/19/09.

 

On 06/25/09, Marek filed a 3.851 Appeal in the Florida Supreme Court.  Oral Arguments were held 07/01/09.  On 07/16/09, the Florida Supreme Court affirmed the lower court’s disposition and denied the 3.581 Appeal, and lifted the Stay of Execution. A mandate was issued on 07/16/09.

 

On 08/06/09, Marek filed a Petition for Writ of Certiorari an Application for Stay of Execution to the United States Supreme Court. On 08/19/09, the Petition and Application were denied.

 

On 08/05/09, Marek filed a 3.851 Motion in the Circuit Court. This motion was denied on 08/17/09.

 

On 08/19/09, Marek appealed the Circuit Court denial of the 3.851 Motion in the Florida Supreme Court. On 08/19/09, the Florida Supreme Court affirmed the lower court’s disposition and denied the 3.581 Appeal.

 

On 08/18/09, Marek filed a Petition for Writ of Certiorari and an Application for Stay of Execution to the United States Supreme Court, and both were denied on 08/19/09.

 

On 08/19/09, Marek filed a Petition for Writ of Certiorari and an Application for Stay of Execution to the United States Supreme Court, and both were denied on 08/19/09.

 

Marek was executed via lethal injection on 08/19/09.

 

Institutional Adjustment:

 

DATE

DAYS

VIOLATION

LOCATION

05/26/87

15

POSS OF UNAUTH BEV.

FLORIDA STATE PRISON

02/01/88

45

ASSAULTS OR ATTEMPT

FLORIDA STATE PRISON

12/12/93

0

POSS OF CONTRABAND

UNION C. I.

 

Report date:    01/22/02          NMP

Approved:       01/30/02          WS

Updated:         08/24/09          EMJ