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.
JOHNSON, Paul B. (W/M)
DC# 019513
DOB: 07/08/49
Tenth Judicial Circuit, Polk County Case # 81-112
Fifth Judicial Circuit, Lake County Case # 81-733
Change of venue for second trial to Eighth Judicial Circuit,Alachua County
Case # 88-448 (cases were consolidated)
Sentencing Judge, Trial I: The Honorable Randall G. McDonald
Sentencing Judge, Trial II: The Honorable Wayne M. Carlisle(Retired)
Attorney, Trial I: Lawrence Shearer – Assistant PublicDefender
Attorneys, Trial II: Lawrence Shearer and Robert Norgard –Assistant Public Defenders
Attorney, First Direct Appeal: W.C. McClain – AssistantPublic Defender
Attorney, Second Direct Appeal: Douglas S. Connor –Assistant Public Defender
Attorney, Collateral Appeals: Terri Backhus – Registry
Date ofOffenses: 01/09/81
Date ofSentence: 09/22/81
Date of Sentence (secondtrial): 04/28/88
Circumstances of Offense:
Paul Johnson and his wife visited their friends, Shayne andRicky Carter, on the evening of January 8, 1981. While at their friendshouse, they all smoked marijuana and took injections of crystalmethedrine. At trial, Ricky stated that he heard Johnson say he was goingto obtain more drugs and that he would possibly steal something or robsomeone. Shayne also testified that Johnson stated he was going to obtainmore drug money and that “if he had to shoot someone, he would have to shootsomeone.”
Taxicab driver William Evans picked up a fare in Polk Countyon the night of January 8, 1981. The cab dispatcher heard a stranger’svoice over the cab’s radio several times after midnight stating that Evans hadbeen knocked out. That was the last communication that the dispatcher hadwith the cab, which was found five days later in a citrus grove located about amile from where Evans’ body was found. Evans had been shot twice in thehead and both his fare money and wallet were missing. The cab had beenset on fire.
At approximately 3:00 a.m. on January 9, 1981, Amy Reid andDarrell Beasley left a restaurant in Lakeland. A man who said that his carwould not start approached them in the parking lot. The man alsorequested a ride to a friend’s house. Reid and Beasley complied and droveoff with the stranger. The stranger asked Beasley to stop the car in aremote area so he could relieve himself. When the stranger returned tothe car, he asked Beasley to walk to the back of the car with him. WhenReid looked through the rear-view window, she saw the stranger pointing a gunat Beasley. Reid locked the doors in the car and drove to a conveniencestore several miles away where she called the Polk County Sheriff’sOffice.
Deputy Allison and Deputy Darrington were the officers whoanswered Reid’s call. After the deputies picked Reid up, she directedthem to the location where she left Beasley and the stranger. Concurrently,another deputy, Theron Burnham, reported to dispatch that he had spotted asuspect on the road that Reid last saw Beasley. When Deputies Allison andDarrington arrived at Burnham’s location, they parked their car so that itfaced Burnham’s patrol car. Burnham’s car had been left running with thelights on, but they did not see Burnham. A white male came out from adrainage ditch on one side of the road and quickly passed in between the patrolcars. He fired two shots at Deputies Allison and Darrington and fledacross an open field. The deputies discovered Burnham’s body, which hadbeen shot three times, in the drainage ditch and his service revolver wasmissing. Beasley’s body was found later that day with one gunshot woundto the head. His wallet was missing.
On the following afternoon, Johnson’s wife and the Carterssaw a police sketch of the suspect in the newspaper and talked about whether itresembled Johnson. Johnson later telephoned his wife at the Carters’home, and she was visibly upset when she hung up the phone. Ricky spoketo Johnson and asked him if he was responsible for the killing that thenewspaper talked about and Johnson replied, “if that’s what it says.” Ricky and Johnson’s wife went to get Johnson. Johnson changed into a newshirt before throwing his old shirt, which had been described in the newspaper,out the window. Upon returning to the Carter residence, Johnson relayedthat he struck the officer with his gun when the officer told him to put his handson the patrol car. A struggle ensued and Johnson shot the deputy threetimes.
Paul Johnson was arrested for the murders of Beasley andBurnham on January 10, 1981. Johnson was charged the following week withtaxi cabdriver Evans’ murder. Reid, Allison, and Darrington identifiedJohnson. Additionally, Johnson’s fingerprints were discovered in thetaxicab.
Trial I Summary:
01/23/81 Defendant was indicted for the following:
Count I: First-Degree Murder
Count II: First-Degree Murder
Count III: First-Degree Murder
Count IV: Robbery
Count V: Kidnapping
Count VI: Arson
Count VII: Robbery
Count VIII: Attempted First-Degree Murder
Count IX: Attempted First-DegreeMurder
01/30/81 Defendant pled not guilty.
09/22/81 Defendant found guilty on all counts.
09/22/81 Jury recommended death by a majority on all three counts.
09/23/81 Defendant sentenced as follows:
CountI: First-DegreeMurder – Death
Count II: First-Degree Murder –Death
Count III: First-Degree Murder –Death
Count IV: Robbery – Life sentence
Count V: Kidnapping – 15 years
Count VI: Arson – 15 years
Count VII: Robbery – Life sentence
Count VIII: Attempted First-Degree Murder – 30 years
Count IX: Attempted First-DegreeMurder – 30 years
**Polk County Case # 81-112 was transferred to Lake Countyin order for the case to be tried in consolidation with Lake County Case #81-733
Trial II Summary:
04/22/88 Defendant found guilty on all counts (Case # 88-488 CFA)
04/26/88 Jury recommended death by a vote of:
Count I: 8-4
Count II: 9-3
Count III: 9-3
04/28/88 Defendant sentenced as follows:
CountI: First-DegreeMurder – Death
Count II: First-Degree Murder –Death
Count III: First-Degree Murder –Death
Count IV: Robbery – Life sentence
Count V: Kidnapping – 15 years
Count VI: Arson – 15 years
Count VII: Robbery – Life sentence
Count VIII: Attempted First-Degree Murder – 30 years
Count IX: Attempted First-DegreeMurder – 30 years
**Polk County Case # 81-112 and Lake County Case # 81-733 wereconsolidated and changed into Alachua County Case # 88-488 CFA for a change ofvenue
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC#61,341
438 So. 2d 774
10/29/81 Appeal filed.
08/25/83 Conviction and sentence affirmed.
10/26/83 Rehearing denied.
United States Supreme Court – Petition for Writ ofCertiorari
USSC#83-5924
465 U.S. 1051
12/15/83 Petition filed.
02/21/84 Petition denied.
Florida Supreme Court – Petition for Habeas Corpus
FSC#68,319
498 So. 2d 938
02/17/86 Petition filed.
12/11/86 Petition granted and case remanded for a new trial.
01/09/87 Rehearing denied.
United States Supreme Court – Petition for Writ ofCertiorari
USSC#86-1398
481 U.S. 1016
02/26/87 Petition filed.
04/20/87 Petition denied.
Florida Supreme Court – Direct Appeal (from secondtrial)
FSC#72,694
608 So. 2d 4
07/11/88 Appeal filed.
10/01/92 Conviction and sentence affirmed.
12/14/92 Rehearing denied.
01/13/93 Mandate issued.
United States Supreme Court – Petition for Writ ofCertiorari
USSC#92-8005
508 U.S. 919
03/12/93 Petition filed.
05/17/93 Petition denied.
Circuit Court, 3.850 Motion
CC#81-112
08/01/94 Motion filed.
12/12/94 Motion denied.
Florida Supreme Court, 3.850 Appeal
FSC#85,095
661 So. 2d 824
02/02/95 Appeal filed.
08/29/95 Appeal dismissed.
Circuit Court, 3.850 Motion
CC#81-112
05/17/95 Amended Motion filed.
03/20/97 Motion denied.
Florida Supreme Court, 3.850 Appeal
FSC#90,743
769 So. 2d 990
06/09/97 Appeal filed.
07/13/00 FSC affirmed the circuit court’s denial of the 3.850 Motion.
Florida Supreme Court, Petition for Writ of HabeasCorpus
FSC#01-2182
837 So.2d 343
10/10/01 Petition filed.
09/26/02 Petition denied.
Circuit Court – 3.851 Motion
CC#81-112
02/07/03 Motion filed.
03/11/05 CC denied Motion.
Florida Supreme Court – 3.851 Motion Appeal
FSC# 05-701
933 So.2d 1153
04/20/05 Appeal filed
03/17/06 FSC affirmed the denial of the motion
06/13/06 Rehearing denied
Circuit Court—3.851 Motion
CC#81-112
04/27/07 Motion filed.
04/09/08 Motion denied.
Florida Supreme Court – 3.851 Motion Appeal
FSC#08-1213
06/27/08 Appeal filed
01/14/10 Appeal Granted. Sentenced Vacated and Remandedfor a New Penalty Phase
01/29/10 Motion for Rehearing filed by State
United States District Court (Middle District) –Petition for Writ of Habeas Corpus
USDC#09-02065
10/19/09 Petition Filed
12/18/09 Petition Denied
Death Warrant Information:
01/16/86 Warrant signed (Bob Graham).
02/17/86 Stay granted (FSC).
10/07/09 Warrant signed (Charlie Crist).
Clemency Hearing:
11/20/85 Hearing held (denied).
Factors Contributing to the Delay in Imposition ofSentence:
The two trials and the large number of appeals havecontributed to the delay.
Case Information:
A Direct Appeal was filed with the Florida Supreme Court on10/29/81. Issues that were raised on appeal included whether the policeemployed an unnecessarily suggestive procedure in obtaining an out-of-courtidentification and whether the trial court erred in allowing the chargesarising from the cab driver’s death to be grouped with the other counts of theindictment. The FSC found these claims either harmless or without meritand affirmed the sentences and convictions of Death on 08/25/83.
A Petition for a Writ of Certiorari was filed with theUnited States Supreme Court on 12/15/83 and denied on 02/21/84.
A Petition for a Writ of Habeas Corpus was filed with theFSC on 02/17/86. The Petition was granted based on a claim of ineffectivecounsel and was remanded to the circuit court for a new trial on12/11/86.
A Petition for a Writ of Certiorari was filed with the USSCon 02/26/87 and denied on 04/20/87.
A second Direct Appeal was filed with the FSC on07/11/88. Issues that were raised on appeal included whether the trialcourt erred in granting the State’s challenge for cause of two particularjurors and whether the trial court erred in denying Johnson’s motion tosuppress the testimony of James Leon Smith, a fellow inmate. The FSCfound all of the claims either harmless or without merit and confirmed theconvictions and sentences of Death.
A Petition for a Writ of Certiorari was filed with the USSCon 03/12/93 and denied on 05/17/93.
A 3.850 Motion was filed with the state circuit court on08/01/94 and denied on 12/12/94.
A 3.850 Appeal was filed with the FSC on 02/02/95 and thestate’s motion to dismiss was granted on 08/29/95. The FSC directed thetrial court to reinstate the amended 3.850 Motion filed on 05/17/95 and proceedwith the hearing.
The amended 3.850 Motion was denied on 03/20/97.
A 3.850 Appeal was filed on 06/09/97. Issues that wereraised on appeal included whether the trial court erred in denying Johnson anevidentiary hearing or additional discovery concerning his public recordsrequest, and whether the trial court erred in denying Johnson’s motion todisqualify the presiding judge. The FSC found all of the claims eitherharmless or without merit and affirmed the circuit court’s denial of the3.850.
A Petition for a Writ of Habeas Corpus was filed with theFSC on 10/10/01. Issues that were raised included whether appellate counsel wasineffective. The FSC found all of the claims either without merit or procedurallybarred and denied the petition on 09/26/02.
A 3.851 Motion was filed with the state circuit court on02/07/03 and was denied on 03/11/05.
A 3.851 Motion Appeal was filed with the Florida SupremeCourt on 04/20/05, and on 03/17/06, the FSC affirmed the denial of the motion.
On 04/27/07, a 3.851 Motion was filed in the state circuitcourt that was denied 04/09/08.
Johnson filed a 3.851 Appeal with the Florida Supreme Courton 06/27/08. On 01/14/10 the FSC reversed the postconviction court’s orderdenying Johnson’s rule 3.851 Motion. The FSC vacated Johnson’s death sentencesand remanded for a new penalty phase proceeding before a newly empanelled jury. On 01/29/10 the State filed a Motion for a Rehearing.
A Petition for a Writ of Habeas Corpus was filed on 10/19/09that was denied on 12/18/09.
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Report Date: 09/17/02 cc
Approved: 10/05/02 ws
Updated: 02/03/10 CAR