The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes.
JOHNSTON, David (W/M)
DC # 084761
DOB: 03/11/60
Ninth Judicial Circuit, Orange County, Case # 83-5401
Sentencing Judge, Trial: The Honorable Rom W. Powell
Attorney, Trial: Christine Warren and Clyde Wolfe –Assistant Public Defenders
Attorney, Direct Appeal: Ronald R. Findell – Private
Attorney, Collateral Appeals: Todd Doss – Registry
Date ofOffense: 11/05/83
Date of Sentence: 06/01/84
Circumstances of Offense:
On November 5, 1983, David Johnston placed a call to theOrlando Police Department at 3:30 a.m. identifying himself as Martin White. Johnston gave the police the address of the crime scene stating thatsomeone had killed his grandmother. When the police arrived, they found84-year-old Mary Hammond’s dead body in the house. The victim had beenstabbed multiple times and also displayed signs of manual strangulation. Johnston was arrested after police noticed scratches on his face, bloodon his clothing, and noted various discrepancies in the accounts he gave toseveral officers at the crime scene.
Prior to the murder, Johnston had contact with the victimdue to his employment at a demolition site close to the victim’s home. Johnston was seen in the victim’s apartment, washing dishes five daysprior to the murder. Witnesses saw Johnston earlier without scratches onhis face. Additionally, Johnston’s watch, which was later found coveredwith blood in the victim’s bathroom, was seen on Johnston’s wrist as late as1:45 a.m. the morning of the murder. A butterfly pendant that Johnstonwas seen wearing as late as 2:00 a.m. was found in the victim’s hair. Ablood-stained butcher knife was discovered under the victim’s mattress and afootprint was found outside the kitchen window that matched Johnston’s shoe. A pillowcase was found at the demolition site that contained a brassteapot, a wine bottle, flatware, tableware, and a silver candlestick, all ofwhich belonged to the victim.
Trial Summary:
12/05/83 Defendant was indicted with the following:
CountI: First-DegreeMurder
05/18/84 Defendant found guilty of First-Degree Murder
05/29/84 Jury recommended Death by a vote of 8-4
06/01/84 Defendant was sentenced as follows:
CountI: First-DegreeMurder – Death
Additional Information:
On 12/17/04, the Florida Supreme Court remanded jurisdictionto the Circuit Court for a mental retardation determination. On 07/25/05,the Circuit Court denied the motion.
Prior Incarceration in Florida:
| Prior Prison History: (Note: Data reflected covers periods of incarceration with the Florida Dept.of Corrections since January of 1983) |
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length | | |
| 02/08/1982 | BATT.LEO/FIRFGT/EMS/ETC. | 06/28/1982 | ORANGE | | 2Y 0M 0D | | |
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #65,525
497 So. 2d 863
07/02/84 Appeal filed.
11/13/86 Conviction and sentence affirmed.
12/17/86 Mandate issued.
State Circuit Court – 3.850 Motion
CC #83-5401
11/28/88 Motion filed.
08/16/89 Motion denied.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC #73,362
583 So. 2d 657
11/28/88 Petition filed.
06/20/91 Petition denied.
08/23/91 Rehearing denied.
08/23/91 Mandate issued.
Florida Supreme Court – 3.850 Appeal
FSC #74,743
583 So. 2d 657
09/19/89 Appeal filed.
06/20/91 Circuit Court’s denial of 3.850 affirmed.
08/23/91 Rehearing denied.
08/23/91 Mandate issued.
United States District Court (Middle District) –Petition for Writ of Habeas Corpus
USDC #91-797
10/23/91 Petition filed.
09/16/93 Granted in part, denied in part; case remanded to FSC, citing an error in
Johnston’s original sentencing.
11/03/93 Rehearing denied.
Florida Supreme Court – Direct Appeal (on remand)
FSC #82,457
640 So. 2d 1102
09/29/93 Appeal filed, remanded from the USDC.
06/23/94 Affirmed conviction and sentence.
08/16/94 Rehearing denied.
08/16/94 Mandate issued.
United States Court of Appeals (11th Circuit) – HabeasAppeal
USCA #93-3407
11/15/93 Appeal filed.
12/08/98 USCA affirmed USDA’s denial of Habeas.
05/26/99 Rehearing denied.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #94-7596
513 U.S. 1195
01/06/95 Petition filed.
02/27/95 Petition denied.
State Circuit Court – 3.850 Motion
CC #83-5401
03/08/95 Motion filed.
03/25/96 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #88,019
708 So. 2d 590
05/13/96 Appeal filed.
03/05/98 FSC affirmed Circuit Court’s denial of 3.850.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC #89,874
708 So. 2d 590
02/11/97 Petition filed.
03/05/98 Petition denied.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #99-5058
528 U.S. 883
06/25/99 Petition filed.
10/04/99 Petition denied.
Florida Supreme Court - Petition for Writ of HabeasCorpus
FSC #00-1024
789 So.2d 262
05/10/00 Petition filed.
04/12/01 Petition denied.
06/15/01 Rehearing denied.
State Circuit Court – 3.851 Motion
CC #83-5401
06/25/02 Motion filed.
01/31/03 Motion denied.
Florida Supreme Court – 3.851 Appeal
FSC #03-824
960 So.2d 757
05/02/03 Appeal filed.
05/04/06 FSC affirmed denial of motion.
State Circuit Court – 3.853 Motion
CC #83-5401
05/06/09 Motion filed.
05/11/09 Motion denied.
State Circuit Court – 3.851 Motion
CC #83-5401
05/06/09 Motion filed.
05/11/09 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #09-839
05/13/09 Appeal filed.
05/21/09 Appeal granted; FSC issued order for DNA testing.
Florida Supreme Court – 3.850 Appeal (combined with3.853 Appeal (DNA)
FSC #09-839
08/19/09 Appeal filed.
01/21/10 Appeal denied.
Florida Supreme Court – 3.850 Appeal
FSC #10-356
(Pending)
02/26/10 Appeal filed.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #10-5124
04/21/10 Petition for Writ of Certiorari filed.
10/12/10 Petition denied.
Death Warrant:
10/28/88 Warrant signed by Governor Bob Martinez.
12/12/88 Stay granted by Florida Supreme Court.
04/20/09 Warrant signed by Governor Charlie Crist.
05/21/09 Execution stayed by the Florida Supreme Court.
01/21/10 Stay of Execution lifted by Florida Supreme Court.
02/19/10 Warrant Signed by Governor Charlie Crist.
Clemency:
12/03/87 Clemency hearing held (denied).
Factors Contributing to the Delay in Imposition ofSentence:
Johnston’s Habeas Appeal was pending in the United StatesCourt of Appeals for over five years. Johnston’s 3.851 Motion Appeal waspending from 05/02/03 – 05/04/06.
Case Information:
A Direct Appeal was filed with the Florida Supreme Court(FSC) on 07/02/84. Issues that were raised on appeal included whether thetrial court erred by not allowing the public defender to withdraw and whetherthe trial court erred by swearing in each individual juror as selected, thuspreventing “backstriking” of jurors. The FSC found all of the claimseither harmless or without merit and affirmed the conviction and sentence on11/13/86.
A 3.850 Motion was filed with the State Circuit Court on11/28/88 and denied on 08/16/89.
A Petition for Writ of Habeas Corpus was filed with the FSCon 11/28/88. Issues that were raised on appeal included whether theprosecutor and the trial court misinformed the jury concerning its proper rolein sentencing and whether the trial court failed to consider nonstatutorymitigating factors. The FSC found all of the claims either harmless orwithout merit and denied the Petition on 06/20/91.
A 3.850 Appeal was filed with the FSC on 09/19/89. Issues that were raised on appeal included whether the trial court erredby finding Johnston competent to stand trial and also included various claimsof ineffective counsel. The FSC found all of the claims either harmlessor without merit and affirmed the Circuit Court’s denial of the 3.850 on06/20/91.
A Petition for Writ of Habeas Corpus was filed with theMiddle District of the United States District Court (USDC) on 10/23/91. The USDC remanded the case to the FSC on 09/16/93 for a harmless erroranalysis. The FSC reaffirmed the conviction and sentence on 06/23/94.
A Habeas Appeal was filed with the 11th District of theUnited States Court of Appeal (USCA) on 11/15/93 who affirmed the USDC denialof the Petition for Habeas Corpus.
A Petition for Writ of Certiorari was filed with the UnitedStates Supreme Court (USSC) on 01/09/95 and denied on 02/27/95.
A 3.850 Motion was filed with the State Circuit Court on03/08/95 and denied on 03/25/96.
A 3.850 Appeal was filed with the FSC on 05/13/96. Issues that were raised on appeal included whether the trial court erredin refusing to grant a hearing on the failure of various state agencies tocomply with outstanding public records requests. The FSC found claimseither harmless or without merit and affirmed the Circuit Court’s denial of the3.850 Motion on 03/05/98.
A Petition for Writ of Habeas Corpus was filed with the FSCon 02/11/97. Issues that were raised on appeal included whether theharmless error analysis was improperly and unconstitutionally conducted. The FSC found all of the claims either harmless or without error anddenied the Petition on 03/05/98.
A Petition for Writ of Certiorari was filed with the UnitedStates Supreme Court (USSC) on 06/25/99 and denied on 10/04/99.
A Petition for Writ of Habeas Corpus was filed with the FSCon 05/10/00. Issues that were raised on appeal included whether the FSCapplied an incorrect standard in reviewing Johnston’s ineffective assistance ofcounsel claim in their 1991 opinion. The FSC denied the Petition on04/12/01.
A 3.851 Motion was filed with the State Circuit Court on06/11/02 and denied on 01/31/03.
A 3.851 Appeal was filed with the FSC on 05/02/03, raisingthe following issues: Ring issues and mental retardation determination. On 05/04/06, the FSC affirmed the denial of the motion.
On 04/20/09, Governor Charlie Crist signed a death warrantfor Johnston. The execution is scheduled for May 27, 2009 at 6:00 P.M.
On 05/06/09, Johnston filed a 3.853 Motion and a successive3.851 Motion in the State Circuit Court. Both motions were denied on05/11/09.
On 05/13/09, Johnston filed a 3.850 Motion Appeal in theFlorida Supreme Court. This appeal was granted on 05/21/09 and theFlorida Supreme Court issued an order for DNA tests to be conducted on thedefendant’s clothing and the victim’s fingernail clippings.
On 08/19/09, Johnston filed a 3.850 Appeal to the FloridaSupreme Court, which was combined with Johnston’s 3.853 Appeal (DNA). TheFlorida Supreme Court denied this appeal on 01/21/10.
On 02/26/10, Johnston filed a 3.850 Appeal to the FloridaSupreme Court. This appeal is pending.
On 04/21/10, Johnston filed a Petition for a Writ ofCertiorari to the United States Supreme Court. This petition wasdenied on 10/12/10.
____________________________________________________________________
Report Date: 01/29/04 cc
Approved: 02/23/04 ew
Updated: 11/01/10 CAR