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, Marvin Edwin (W/M)
DOB: 11/27/42
First Judicial Circuit, Escambia County Case # 78-1869
Sentencing Judge: The Honorable William Frye, III
Attorney, Trial: Terry Terrell – Assistant Public Defender
Attorney, Direct Appeal: Louis Carres – Assistant Public Defender
Attorney, Collateral Appeals: Thomas Dunn – Private
Date of Offense: 06/07/78
Date of Sentence: 01/12/79
Circumstances of Offense:
On the evening of 06/07/78, Gary Summitt, an employee of Warrington Pharmacy, went to ask a question of the pharmacist, Woodrow Moulton. Summitt found Moulton and saw a man, later identified as Marvin Johnson, pointing a gun at Moulton while he put drugs and money into a bag that Johnson was holding. Johnson then forced Summitt to help Moulton put the drugs and money into the bag.
After emptying the safe, Johnson began to walk to the front of the pharmacy, when Moulton grabbed a gun from behind the counter and began shooting at Johnson. After an exchange of gunfire in which Johnson was wounded, Moulton exhausted his ammunition. Moulton then stood up with his hands in the air. Johnson approached to within a foot and a half of Moulton, said “You think you’re a smart son-of-a-bitch don’t you?” and shot him in the chest.
Gary Summitt described the man who shot Moulton to police and identified Johnson from a photographic lineup.
Additional Information:
On 10/14/64, Johnson pled guilty to a charge of Robbery in Georgia and was sentenced to a prison term of 4 years.
On 11/16/76, Johnson was convicted of a charge of Armed Robbery in Tennessee and was sentenced to a prison term of 20 years. At the time of the Moulton murder, Johnson was an escapee from a Tennessee prison.
Johnson died of natural causes on 11/21/99.
Trial Summary:
08/29/78 Indicted as follows:
Count I: First-Degree Murder
Count II: Armed Robbery
12/08/78 Jury returned guilty verdicts on all counts of the indictment
12/09/78 Jury recommended a sentence of life imprisonment
12/09/78 Sentenced to Life Imprisonment for Count II: Armed Robbery
01/12/79 Judge overrode the jury’s recommendation and sentenced Johnson to
Death for Count I: First-Degree Murder
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 56,167
393 So.2d 1069
02/13/79 Appeal filed
12/11/80 FSC affirmed convictions and sentences
03/06/81 Rehearing denied
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 80-6610
454 U.S. 882
05/01/81 Petition filed
10/05/81 USSC denied Petition
U.S. District Court, Northern District – Petition for Writ of Habeas Corpus
USDC# 82-875
05/12/82 Petition filed
10/04/85 USDC denied Petition
12/06/85 Rehearing denied
U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal
USCA# 85-3962
806 F.2d 1479
12/16/85 Appeal filed
12/08/86 USCA affirmed denial of Petition
01/07/87 Rehearing denied
01/15/87 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 86-7022
484 U.S. 872
06/09/87 Petition filed
10/05/87 USSC denied Petition
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 72,231
523 So.2d 161
04/10/88 Petition filed
04/11/88 FSC denied Petition
Circuit Court, 1st Circuit – 3.850 Motion
CC# 78-1869
04/10/88 Motion filed
04/11/88 CC denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 72,238
536 So.2d 1009
04/11/88 Appeal filed
12/01/88 FSC affirmed denial of Motion
02/09/89 Rehearing denied and Mandate issued
U.S. District Court, Northern District – Petition for Writ of Habeas Corpus
USDC# 89-40046
03/10/89 Petition filed
03/14/89 USDC denied Petition
03/16/89 Rehearing denied
U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal
USCA# 89-3195
911 F.2d 440; 920 F.2d 721; 938 F.2d 1166
05/17/89 Appeal filed
08/21/90 USCA remanded to address ineffective assistance of counsel claims
12/18/90 Rehearing granted en banc and vacated remand
07/25/91 USCA affirmed denial of Petition
09/04/91 Rehearing denied
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 91-6576
506 U.S. 930
12/03/91 Petition filed
10/13/92 USSC denied Petition
12/14/92 Rehearing denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 83,690
647 So.2d 106
05/13/94 Petition filed
05/19/94 FSC denied Petition
08/25/94 Rehearing denied and Mandate issued
Circuit Court, 1st Circuit – 3.850 Motion
CC# 78-1869
05/16/94 Motion filed
05/17/94 CC denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 83,701
647 So.2d 106
05/17/94 Appeal filed
05/19/94 FSC remanded to address affidavits that another person committed crime
08/25/94 Rehearing denied and Mandate issued
Death Warrant:
04/23/82 Governor Graham signed a death warrant
05/14/82 Stay granted by the U.S. District Court
03/03/88 Governor Martinez signed a death warrant
04/13/88 Stay granted by the Florida Supreme Court
02/16/89 Governor Martinez signed a death warrant
03/16/89 Stay granted by the U.S. Court of Appeals
04/28/94 Governor Chiles signed a death warrant
05/19/94 Stay granted by the Florida Supreme Court
Clemency Hearing:
01/12/82 Clemency hearing held (denied)
Factors Contributing to the Delay in Imposition of Sentence:
Johnson’s case was remanded several times by various courts.
Case Information:
Johnson filed a Direct Appeal with the Florida Supreme Court on 02/13/79, citing the following trial court errors: allowing improper questioning during cross-examination, granting a motion to prevent the testimony of an expert witness, admitting photographs of the pharmacy, overriding the jury’s recommendation of life imprisonment. On 12/11/80, the FSC affirmed the convictions and sentences.
Johnson filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/01/81 that was denied on 10/05/81.
Johnson filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Northern District, on 05/12/82, raising such issues as the jury override, aggravating and mitigating factors, prosecutorial misconduct, expert testimony, and evidence admission. On 10/04/85, the USDC denied the Petition.
Johnson filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Circuit Court of Appeals, 11th Circuit, on 12/16/85, raising such issues as lingering doubt, nonstatutory mitigating circumstances, expert testimony, prosecutorial misconduct, due process violations, and the jury override. On 12/08/86, the USCA affirmed the denial of the Petition.
Johnson filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 06/09/87 that was denied on 10/05/87.
Johnson filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 04/10/88 that was denied on 04/11/88.
Johnson filed a 3.850 Motion with the Circuit Court, 1st Circuit, on 04/10/88 that was denied on 04/11/88.
Johnson filed a 3.850 Motion Appeal with the Florida Supreme Court on 04/11/88, raising the issue of ineffective assistance of counsel. On 12/01/88, the FSC affirmed the denial of the Motion.
Johnson filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Northern District, on 03/10/89, raising the issues of ineffective assistance of counsel and the jury override. On 03/14/89, the USDC denied the Petition.
Johnson filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Circuit Court of Appeal, 11th Circuit. On 08/21/90, a panel of the court remanded the case to the USDC to address the ineffective assistance of counsel claims. A rehearing was granted on 12/18/90, the panel’s decision was vacated, and the appeal was ordered heard by the USCA en banc. On 07/25/91, the USCA affirmed the denial of the Petition.
Johnson filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 12/03/91 that was denied on 10/13/92.
Johnson filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 05/13/94, raising the issue of aggravating circumstances. On 05/19/94, the FSC denied the Petition.
Johnson filed a 3.850 Motion with the Circuit Court, 1st Circuit, on 05/16/94 that was denied on 05/17/94.
Johnson filed a 3.850 Motion Appeal with the Florida Supreme Court on 05/17/94, citing Brady violations and newly discovered evidence of alibis and affidavits that pointed to another person as the murderer. On 05/19/94, the FSC remanded the Motion to the Circuit Court for an evidentiary hearing to address the affidavits.
Johnson died of natural causes on 11/21/99.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE
FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
07/20/79 45 POSS OF NARCOTICS FLORIDA STATE PRISON
01/18/80 30 POSS OF UNAUTH BEV. FLORIDA STATE PRISON
12/14/80 0 DISOBEYING ORDER FLORIDA STATE PRISON
10/07/81 0 POSS OF NARCOTICS CENTRAL OFFICE
01/19/82 0 POSS OF NEGOTIABLES CENTRAL OFFICE
02/14/82 0 SEX ACTS CENTRAL OFFICE
04/16/82 0 SEX ACTS CENTRAL OFFICE
07/13/82 0 DISRESP.TO OFFICIALS CENTRAL OFFICE
07/16/82 0 DISRESP.TO OFFICIALS CENTRAL OFFICE
03/22/83 0 POSS OF NARCOTICS NEW RIVER "O" UNIT
03/26/83 0 DISRESP.TO OFFICIALS NEW RIVER "O" UNIT
06/15/83 30 DISRESP.TO OFFICIALS NEW RIVER "O" UNIT
09/10/83 0 DISRESP.TO OFFICIALS NEW RIVER "O" UNIT
06/04/84 30 SPOKEN THREATS NEW RIVER "O" UNIT
06/04/84 30 DISOBEYING ORDER NEW RIVER "O" UNIT
12/10/84 60 POSS OF NARCOTICS FLORIDA STATE PRISON
05/25/85 0 DISOBEYING ORDER FLORIDA STATE PRISON
01/20/86 30 POSS OF NEGOTIABLES FLORIDA STATE PRISON
05/22/86 0 POSS OF UNAUTH BEV. FLORIDA STATE PRISON
05/22/86 30 POSS OF NEGOTIABLES FLORIDA STATE PRISON
12/28/86 10 POSS OF NEGOTIABLES FLORIDA STATE PRISON
11/08/88 30 ATTEMPT TO CONSPIRE FLORIDA STATE PRISON
08/19/89 90 ATTEMPT TO CONSPIRE FLORIDA STATE PRISON
10/28/89 0 POSS OF NARCOTICS FLORIDA STATE PRISON
04/10/91 0 POSS OF CONTRABAND FLORIDA STATE PRISON
07/28/91 30 POSS OF NARCOTICS FLORIDA STATE PRISON
08/12/91 0 POSS OF CONTRABAND FLORIDA STATE PRISON
09/25/96 0 POSS OF CONTRABAND FLORIDA STATE PRISON
02/03/97 0 POSS OF CONTRABAND FLORIDA STATE PRISON
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Report Date: 03/10/05 JFL