The Commission on Capital Cases updates this informationregularly. This information, however, is subject to change and may not reflectthe latest status of an inmate’s case and should not be relied upon forstatistical 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 homefrom a vacation via the Florida Turnpike when their car broke down.  John Marekand Raymond Wigley stopped and attempted to fix the two women’s car.  WhenMarek 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 desolatebeach approximately 60 miles from the car.  The two men dragged Simmons to theobservation room of a lifeguard stand.  In the observation room, Simmons’shorts were removed, and her pubic hairs and one finger were burned.  Wigleytestified that the victim was forced to perform oral sex and was sexuallyassaulted repeatedly.  Simmons was then strangled with a bandana atapproximately 3:00 to 3:30 a.m.

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

Fingerprints found at the lifeguard tower matched bothWigley and Marek.  Only Marek’s prints were found inside the observation deckwhere 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 yearsmandatory

Count II:         Kidnapping – 12 years to run consecutivewith Count I

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

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

All of these sentences are to run consecutive to the sixmonths 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 countsof 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 servedconsecutively to Count I.

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

consecutively toCount 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 HabeasCorpus

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 ofthe 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 – HabeasAppeal

USCA# 90-6083

62 F.3d 1295

12/28/90          Appeal filed

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

11/06/95          Rehearing denied

11/14/95          Mandate issued

Florida Supreme Court – Petition for Writ of HabeasCorpus

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 ofCertiorari

USSC# 93-8029

511 U.S. 1100

02/15/94          Petition filed

05/16/94          Petition denied

United States Supreme Court – Petition for Writ ofCertiorari

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’sdenial of Marek’s 3.850 Motion

09/21/06          Motion for Rehearing denied

Florida Supreme Court – Petition for Writ of HabeasCorpus

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 ofCertiorari

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 OralArguments filed

05/11/09          Execution stayed, pending Oral Arguments

05/20/09          Oral Arguments held

05/21/09          Denial reversed, remanded for a newEvidentiary 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-convictionrelief, and lifted the Stay of Execution

07/16/09          Mandate issued

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

USSC# 09-5778

08/06/09          Petition for Writ of Certiorari andApplication 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-convictionrelief

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

USSC# 09-5943

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

08/19/09          Petition and Application denied

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

USSC# 09-5998

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

08/19/09          Petition and Application denied

Warrants:

09/12/88          Death Warrant signed by Governor BobMartinez

11/08/88          FSC granted stay of execution

09/07/89          Death Warrant signed by Governor BobMartinez

10/10/89          USDC granted stay of execution

04/20/09          Death Warrant signed by Governor CharlieChrist

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 ofthe Sentence:

The Habeas Appeal filed to the United States Court ofAppeals, 11th Circuit, was pending for four years.  The 3.850 Motion filed tothe 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 FloridaSupreme Court.  Among several issues raised within the appeal, the main issuewas that the trial judge erred in sentencing Marek to death while Wigley wassentenced to life.  The Court found this argument to be without merit andaffirmed Marek’s conviction and sentence on 06/26/86.  The rehearing was deniedon 09/08/86 and the mandate was issued on 10/08/86.

Marek filed a 3.850 Motion to the Circuit Court on10/10/88.  The motion was denied on 11/07/88.

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

On 10/10/89, Marek filed a Petition for Writ of HabeasCorpus to the United States District Court, which was denied on 10/01/90.  Hethen filed a Habeas Appeal to the United States Court of Appeal, 11th Circuiton 12/28/90.  He raised five issues on appeal. The Court of Appeals found nomerit in the ineffective counsel claims and affirmed the USDC judge’s decisionon the remaining issues.  Therefore, the Court of Appeals affirmed the USDC’sdenial of relief on 08/14/95.  The rehearing was denied on 11/06/95 and themandate was issued on 11/14/95.

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

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

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

On 02/16/04, Marek filed a 3.850 Appeal to the FloridaSupreme Court.  Subsequently, Marek filed a Petition for Writ of Habeas Corpusto the Florida Supreme Court on 08/22/05.  On 08/24/05, the petition wasstricken for non-compliance (exceeding 50 pages in length) with Florida Rule ofAppellate Procedure 9.100; on 09/06/05, a proper petition was filed.  Marek’sMotion to Continue Oral Argument was granted on 05/11/06; thus, the 3.850Appeal and the Habeas Petition, which were scheduled for oral argument on06/0706, had been removed from the oral argument calendar.  Although the Courtinitially scheduled oral argument for these cases, the Court concluded, uponfurther review, that it was unnecessary in light of the clarity of the issuesand the successive posture of the cases.  Finding no merit to any of Marek’sclaims, the Court affirmed the denial of his 3.850 Motion and denied his HabeasPetition 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 Certiorarito the United States Supreme Court, which was denied on 04/23/07.

On 05/11/07, Marek filed a 3.851 Motion in the CircuitCourt.  On 07/18/08, Marek filed an amended motion in the Circuit Court.  This3.851 Motion was denied on 04/23/09.

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

On 05/04/09, Marek filed a 3.851 Motion in the CircuitCourt.  An emergency hearing was held on 05/06/09.  This motion was denied on05/08/09.

On 05/09/09, Marek filed a 3.851 Appeal in the FloridaSupreme Court. On 05/11/09, Marek filed a Motion for Stay of Execution andRequest 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 reversedthe lower court’s denial of the 3.851 motion and remanded for a new evidentiaryhearing in the circuit court under a different judge.  A new order is due 30days from 05/21/09.

On 06/02/09, an Evidentiary Hearing was held in the CircuitCourt.  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 FloridaSupreme Court.  Oral Arguments were held 07/01/09.  On 07/16/09, the FloridaSupreme Court affirmed the lower court’s disposition and denied the 3.581Appeal, 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 Certiorarian Application for Stay of Execution to the United States Supreme Court. On08/19/09, the Petition and Application were denied.

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

On 08/19/09, Marek appealed the Circuit Court denial of the3.851 Motion in the Florida Supreme Court. On 08/19/09, the Florida SupremeCourt affirmed the lower court’s disposition and denied the 3.581 Appeal.

On 08/18/09, Marek filed a Petition for Writ of Certiorariand 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 Certiorariand 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:

Report date:    01/22/02          NMP

Approved:       01/30/02          WS

Updated:         08/24/09          EMJ