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. 

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 andJames 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 residenceof Dorothy Berger.  Neighbors had noticed that her door was open and hertelevision 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 ashoe impression was visible in the dust on the floor.  Berger’s car wasalso 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 BrevardCounty, Hoskins arrived at his parent’s home in Georgia and asked to borrow ashovel.  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, policefound vegetation in the trunk that was later used to discover the victim’s bodyin a grave.  Her hands were tied behind her back and her mouth was gagged.

Postmortem examinations indicated the victim was raped, andDNA evidence found in semen on the victim and the victim’s bed could have comefrom Hoskins.  Berger received several blows to the head and numerousbodily injuries, but her death was caused by strangulation.    

Prior Incarceration History in the State of Florida:

Trial Summary:

11/10/1992      Indicted asfollows:

                                   Count I:           Robbery without a firearm

                                   Count II:           First-Degree murder

                                   Count III:         Sexual Battery witha 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 witha deadly weapon – Life imprisonment

                                   Count IV:         Burglary – Lifeimprisonment

                                   Count V:          Kidnapping – 15years

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 anew 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 ofSentence:

The first direct appeal was remanded for a PET-Scan andmedical evaluation of Hoskins.  The FSC directed the Circuit Court to holda new penalty phase.  The second penalty phase took four years toconclude.  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 aDirect Appeal with the Florida Supreme Court on 11/21/94.  In this initialDirect Appeal, Hoskins raised the following issues:  (1) excusal from juryservice were improperly granted, (2) the trial judge improperly barredneurological testing (3) the death penalty was improperly imposed, and (4)Florida’s death penalty statute is unconstitutional.  Upon review, the FSCaffirmed Hoskins’ convictions but remanded to the State Circuit Court for a PETScan and new penalty phase.  A rehearing was denied on 06/21/99 and themandate issued on 07/21/99.

On 07/02/99, the resentencing phase began in the StateCircuit Court.  The jury recommended death by a vote of 11-1 on11/01/04.  The sentencing judge followed the jury’s recommendation andresentenced Hoskins to death on 11/12/04.

At the new penalty phase, Hoskins was again sentenced todeath.  He filed a second Direct Appeal to the Florida Supreme Court on01/03/05.  Issues raised in this Direct Appeal included: (1) overrulingdefense’s objection to State’s use of preemptory challenges of African Americanjuror, (2) Hoskins’ limited examination during voir dire concerning juror’sability to “gory photographs”, (3) trial court failed to give the requestedlimiting instructions on victim impact statements, (4) trial court’s deniedHoskins’ requested jury instruction, (5) the trial court improperly weighedmitigating and aggravating circumstances, and  (6) Florida’s death penaltysentencing process is unconstitutional.  The convictions and sentenceswere affirmed on 04/19/07.  A rehearing was denied on 08/08/07 and themandate was issued on 08/24/07.

On 11/06/07, Hoskins filed a Petition for Writ of Certiorariin 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 CircuitCourt. This motion was denied on 01/14/10.

On 03/11/10, Hoskins filed a 3.850 Appeal in the FloridaSupreme Court.  This appeal is pending.

________________________________________________________________________

Report Date:    09/11/07          MCL

Approved:       09/25/07          BK/RM

Updated:         03/16/10          CAR