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. 

MARSHALL, Matthew (B/M)

DC#    648254

DOB:  07/23/64

Nineteenth Judicial Circuit, Martin County Case# 89-174 CF

Sentencing Judge:  The Honorable Dwight L. Geiger

Attorney, Trial:  Cliff Barnes – Assistant PublicDefender

Attorney, Direct Appeal:  Louis G. Carres – AssistantPublic Defender

Attorney, Collateral Appeals:  Melissa M. Donoho –CCRC-S

Date of Offense:  11/01/88

Date of Sentence:  12/12/89

Circumstances of the Offense:

On 12/12/89, Matthew Marshall was convicted of first-degreemurder and sentenced to death.

Marshall and Jeffrey Henry were both incarcerated at theMartin Correction Institute on 11/01/88.  At the time, Marshall wasserving prison time for previous offenses.  On the day of the murder,witnesses heard moans and screaming emanating from Henry’s cell.  Marshallwas seen exiting from the cell with blood on his chest and arms.  Minuteslater, witnesses saw Marshall re-entering Henry’s cell and heard similar noisesemanating from his cell once again.  After a moment of silence, witnessessaw Marshall exiting from Henry’s cell, this time covered in blood.

Henry was found dead, lying face-down in his cell with hissweat pants pulled down to his ankles and his hands tied behind his back. Henry’s cause of death was severe blows to the back of the head.

During his indictment, Marshall stated that Henry was knownas the “muscle man” for inmates who operated football game-pools. Marshall won sums of money and sought to collect his winnings from the otherinmates.  The inmates instructed Marshall to obtain his winnings fromHenry.  When Marshall met Henry at his cell, a fight broke out between thetwo men when Henry refused to pay.  According to Marshall, Henry attackedfirst and he killed Henry in self-defense.

Additional Information:

Marshall was convicted of the following offenses and wasincarcerated at the Martin Correction Institute at the time of Henry’s murder:

 Prior Incarceration History in the State ofFlorida:

Trial Summary:

02/16/89         Indicted as follows:

                                   Count I:          First-Degree Murder (Jeffrey Henry)

12/08/89         Jury returned guilty verdicts on all counts of the indictment

12/11/89         Jury recommended the life sentence by a vote of 12-0

12/12/89         Trial judge rejected jury’s recommendation and imposed death sentence

12/12/89         Sentenced as follows:

                                   Count I:          First-Degree Murder – Death

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 75, 406

604 So. 2d 799 (Fla. 1992)

01/30/90         Appeal filed

07/16/92         FSC affirmed conviction and death sentence

07/30/92         Motion for a rehearing filed

09/28/92         Rehearing denied

10/29/92         Mandate issued

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 92-7602

508 U.S. 915

02/11/93         Petition filed

05/17/93         Petition denied

State Circuit Court – 3.850 Motion

CC# 89-174 CF

01/19/95         Motion filed

01/29/99         Amended Motion filed

04/18/00         Motion denied

Florida Supreme Court – 3.850 Appeal

FSC# 00-1186

854 So.2d 1235 (Fla. 2003)

06/20/00         Appeal filed

06/12/03         FSC remanded for evidentiary hearing

06/23/03         Motion for a rehearing filed

09/08/03         Rehearing denied

10/08/03         Mandate issued

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 02-420

911 So. 2d 1129

02/22/02         Petition filed

05/26/05         Petition denied

09/15/05         Rehearing denied

State Circuit Court – 3.850 Motion (On Remand fromFSC)

CC# 89-174 CF

10/08/03         Case remanded from the Florida Supreme Court for an evidentiary hearing

09/28/05         Issue of juror misconduct denied

Florida Supreme Court – 3.850 Appeal

FSC# 05-2379

12/12/05         Appeal filed

12/06/07         FSC affirms trail court’s denial of postconviction relief.

12/20/07         Motion for Rehearing filed.

02/29/08         Rehearing denied.

03/17/08         Mandate issued.

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 05-9181

126 S. Ct. 2059

02/09/06         Petition filed

05/15/06         Petition denied

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

USDC# 09-14065

02/27/09         Petition filed

09/21/09         Petition denied

United States Court of Appeals, 11th Circuit – HabeasAppeal

USCA# 09-15419

610 F.3d 576

10/20/09         Appeal filed

06/28/10          USCA affirmed the denial of the HabeasPetition

State Circuit Court – 3.851 Motion

CC# 89-174

11/29/10         Motion filed

02/21/11          Motion denied

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 10-8557

01/18/11            Petition filed

03/28/11            Petition denied

Florida Supreme Court – 3.851 Appeal

FSC# 11-616

(Pending)

03/29/11            Appeal filed

Factors Contributing to the Delay in Imposition ofSentence:

It took over five years for the Circuit Court to denyMarshall’s 3.850 Motion.  When Marshall appealed the Circuit Court’sdenial of the 3.850 Motion to the Florida Supreme Court, it took three yearsfor the Court to render a decision.

On 10/08/03, the Florida Supreme Court remanded Marshall’s3.850 Motion back to the Circuit Court for an evidentiary hearing on the claimof juror misconduct.  It took nearly two years for the Circuit Court torender a decision, which denied the issue of juror misconduct, on 09/28/05.

Case Information:

Marshall filed a Direct Appeal to the Florida Supreme Courton 01/30/90.  There were numerous issues raised.  First, Marshallclaimed that the trial court erred in permitting an inmate to testifyidentified only by number, not by name.  Second, he argued that the trialcourt erred in instructing the jury on manslaughter.  Third, Marshallclaimed that the trial court erred in instructing the jury that self-defensewas unavailable to third-degree murder where the underlying felonies wererespectively burglary and aggravated battery.  Fourth, he argued that thetrial court erred in denying Marshall an instruction on aggravated assault inconnection with self-defense instruction.  Fifth, Marshall claimed thetrial court erred in not declaring a mistrial after the prosecution concededthat it had failed to link evidence to the alleged motive.  Sixth, heargued that the trial court erred in admitting evidence of gambling slips foundin Marshall’s cell six months after the murder.  Seventh, Marshall claimedthat the trial court erred in refusing to poll prospective juror to determinewhether they had read an article about the murder appearing in the Palm BeachPost.  Eight, Marshall alleged that the trial court erred in finding themurder to be heinous, atrocious, or cruel.  Finally, he argued that thetrial court abused its discretion in sentencing Marshall to death where thejury had made a recommendation of life imprisonment.  The Court affirmedMarshall’s conviction and death sentence on 07/16/90.

Marshall filed a Petition for Writ of Certiorari to theUnited States Supreme Court on 02/11/93, which was denied on 05/17/93.

On 01/19/95, Marshall filed a 3.850 Motion to the CircuitCourt.  The Motion was amended on 01/29/99.  The Motion was pendingfor five years until it was denied on 04/18/00.

Marshall filed 3.850 Appeal to the Florida Supreme Court on06/22/00.  On 06/12/03, the Court remanded for an evidentiary hearing onclaims of juror misconduct.  On 06/23/03, Marshall filed a motion for arehearing, which was denied on 09/08/03.  The mandate was issued on10/08/03.

On 02/22/02, Marshall filed a Petition for Writ of HabeasCorpus to the Florida Supreme Court, which was denied on 05/26/05.  On06/10/05, Marshall filed a motion for a rehearing, which was denied on09/15/05.

On 10/08/03, the Florida Supreme Court remanded Marshall’s3.850 Motion back to the Circuit Court for an evidentiary hearing on the claimof juror misconduct.  On 09/28/05, the Circuit Court denied the issue ofjuror misconduct.

On 12/12/05, Marshall filed a 3.850 Appeal to the FloridaSupreme Court.  The FSC affirmed the trial court’s denial ofpostconviction relief in an opinion ordered and entered on 12/06/07.  On12/20/07, Marshall filed a Motion for Rehearing which was denied 02/29/08. The Florida Supreme Court issued a mandate in this case on 03/17/08.

On 02/09/06, Marshall filed a Petition for Writ ofCertiorari to the United States Supreme Court, which was denied on 05/15/06.

On 02/27/09, Marshall filed a Petition for Writ of HabeasCorpus in the United States District Court, Southern District.  Thispetition was denied on 09/21/09.

Marshall filed a Habeas Corpus Appeal in the United StatesCourt of Appeals on 10/20/09. The USCA affirmed the denial of the HabeasPetition on 06/28/10.

On 11/29/10, Marshall filed a 3.851 Motion in the StateCircuit Court. This motion was denied on 02/21/11.

Marshall filed a Petition for Writ of Certiorari in theUnited States Supreme Court on 01/18/11. This petition was denied on 03/28/11.

Marshall filed a 3.851 Appeal in the Florida Supreme Courton 03/29/11. This case is currently pending.

Institutional Adjustment:

________________________________________________________________________

Report Date:   12/07/04         NRC

Approved:       01/10/04         JFL

Updated:         04/28/11         EMJ