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, Terrell (W/M)
DC# 010796
DOB:04/15/46
Ninth Judicial Circuit, Orange County, Case # 80-101
Sentencing Judge, Trial: The Honorable Rom W. Powell
Attorney, Trial: Gerald Jones – Assistant Public Defender
Attorney, Direct Appeal: Ronald K. Zimmet – Assistant PublicDefender
Attorney, Collateral Appeals: William Hennis – CCRC-S
Date of Offense: 12/04/79
Date of Sentence: 10/03/80
Circumstances of Offense:
Terrell Johnson went to Orange County’s Lola’s Tavern onDecember 4, 1979, to reclaim a gun he had pawned to the owner of the tavern,James Dodson. Dodson had demanded $100 to return the gun even though hehad bought it from Johnson for only $50. Johnson wanted to test fire thegun before he gave Dodson the money for it and went out to an accompanyingfield to fire several shots. Johnson returned to the tavern angered by theinflation in price that Dodson had requested and decided to rob thetavern. Johnson relayed to the police that he forced Dodson and CharlesHimes, a customer, into the men’s bathroom with the intention of tying them upwith electrical cord. Johnson then stated that Himes attacked him andcaused him to shoot both men as he began firing wildly. Johnson took allof the money out of the cash drawer, as well as Dodson’s gun that was keptunder the bar. As he was wiping the bar surface clear of fingerprints,Johnson heard sounds coming from the bathroom. According to Johnson, hereturned to the bathroom and finding Himes alive, shot him again to “stop hissuffering.” Johnson later sold the murder weapon prior to leavingFlorida.
Johnson was arrested several weeks later for an unrelatedcrime in Oregon. Johnson still had Dodson’s gun and was linked to themurders by a warrant in the National Crime Information Center.
Trial Summary:
05/23/80 Defendant was indicted with the following:
Count I: First-DegreeMurder
Count II: First-Degree Murder
09/26/80 Defendant was found guilty on Count I as charged and found guilty of the
lesser offense ofSecond-Degree Murder for Count II.
09/29/80 The jury recommended a sentence of Death by a majority vote.
10/03/80 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
Count II: First-Degree Murder –Life
Prior Incarceration History in the State of Florida:
| Offense Date | Offense | Sentence Date | Sentence |
| 10/19/1975 | Burglary of an unoccupied structure. | 12/04/1975 | 5 Years |
| 10/19/1975 | Attempted armed burglary | 03/08/1976 | 5 Years |
| 11/09/1976 | Escape | 01/10/1977 | 6 Months |
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 59,811
442 So. 2d 193
10/17/80 Appeal filed.
11/23/83 FSC affirmed the convictions and sentence of death.
01/13/84 Rehearing denied.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 83-6390
466 U.S. 963
03/07/84 Petition filed.
04/30/84 Petition denied.
State Circuit Court – 3.850 Motion
CC# 80-101
10/06/86 Motion filed.
06/12/89 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC# 74,662
593 So. 2d 206
09/05/89 Appeal filed.
01/02/92 FSC affirmed circuit court’s denial of 3.850.
03/03/92 Rehearing denied.
03/03/92 Mandate issued.
U.S. District Court, Middle District – Petition forWrit of Habeas Corpus
USDC# 92-378
05/04/92 Petition filed.
09/08/94 USDC dismissed Petition without prejudice.
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 91-8337
506 U.S. 839
05/15/92 Petition filed.
10/05/92 Petition denied.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 85,028
695 So. 2d 263
01/18/95 Petition filed.
12/19/96 Petition denied.
State Circuit Court – 3.850 Motion
CC# 80-101
02/13/97 Motion filed.
06/15/99 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC# 96,333
804 So. 2d 1218
08/23/99 Appeal filed.
10/25/01 FSC affirmed circuit court’s denial of 3.850.
12/31/01 Rehearing denied.
01/30/02 Mandate issued.
State Circuit Court – 3.850 Motion
CC# 80-101
02/11/02 Motion filed.
11/06/02 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC# 03-1042
904 So. 2d 400
06/11/03 Appeal filed.
04/28/05 FSC affirmed denial of Motion.
06/10/05 Rehearing denied.
06/27/05 Mandate issued.
United States Supreme Court- Writ of Certiorari
USSC# 04-1545
545 U.S. 1141
05/14/05 Petition filed.
06/27/04 Petition denied.
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 06-577
04/28/06 Petition filed.
06/22/06 USDC struck petition.
11/16/06 Petition refiled.
08/26/09 Petition denied.
10/16/09 Application for Certificate of Appealability
10/21/09 Order denying application
United States Court of Appeals, 11thCircuit – Habeas Appeal
USCA# 09-15344-P
(Pending)
10/16/09 Appeal filed
Circuit Court – 3.850 Motion
CC# 80-101
(Pending)
11/29/10 Motion filed
Death Warrant Information:
05/31/85 Death Warrant signed by Governor Bob Graham.
06/19/85 A stay of execution was granted by the circuit court.
Clemency Hearing:
03/13/85 Hearing held (denied).
Factors Contributing to the Delay in Imposition ofSentence:
There have been three 3.850 Motions filed with the statecircuit court.
Case Information:
A Direct Appeal was filed with the Florida Supreme Court(FSC) on 10/17/80. Issues that were raised on appeal includeddiscrepancies concerning “expert” testimony and whether the revised trialtranscripts omitted material that was included in the initial trialtranscripts. The FSC found all of the claims either harmless or withoutmerit and affirmed the convictions and sentence of Death on 11/23/83.
A Petition for Writ of Certiorari was filed with the U.S.Supreme Court on 03/07/84 and denied on 04/30/84.
A 3.850 Motion was filed with the circuit court on 10/06/86and the convictions and sentence were affirmed on 06/12/89. A 3.850 Appealwas filed with the FSC on 09/05/89. Issues that were raised on appealincluded whether the defendant’s trial counsel was ineffective and whether thejury was erroneously instructed concerning the requirements for a lifesentence. The FSC found all of the claims either harmless or withoutmerit and affirmed the circuit court’s denial of the 3.850 Motion on 01/02/92.
A Petition for Writ of Habeas Corpus was filed with the U.S.District Court, Middle District on 05/05/92 and the Petition was dismissedwithout prejudice on 09/08/94.
A Petition for Writ of Certiorari was filed with the U.S.Supreme Court on 05/15/92 and denied on 10/05/92.
A Petition for Writ of Habeas Corpus was filed with theFlorida Supreme Court on 01/18/95. Issues that were raised includedwhether the defendant was denied effective assistance of counsel and whetherthe defendant was denied his right to the independent and competent assistanceof a mental health expert. The FSC found all 23 claims eitherprocedurally barred or without merit and denied the Petition on 12/19/96.
A 3.850 Motion was filed with the circuit court on 02/13/97and was denied on 06/15/99.
A 3.850 Appeal was filed with the Florida Supreme Court on08/23/99. Issues that were raised on appeal included whether the summary denialof the defendant’s 3.850 Motion was improper and whether the defendant wasdenied access to public records relating to the jurors. The FSC found allof the claims either harmless or without merit and affirmed the circuit court’sdenial of the 3.850 Motion on 10/25/01.
A 3.850 Motion was filed with the circuit court on 02/11/02and was denied on 11/06/02.
A 3.850 Motion Appeal was filed with the Florida SupremeCourt on 06/11/03, citing public records issues and Ring claims. On04/28/05, the Florida Supreme Court affirmed the denial of the Motion.
A Petition for Writ of Habeas Corpus was filed with theUnited States District Court, Southern District, on 04/28/06, but was struck bythe court on 06/22/06. A new petition was filed on 11/16/06. Thispetition was denied on 08/26/09. An application for a Certificate ofAppealability was filed on 10/16/09, and an order denied it on 10/21/09.
An Appeal was filed with the United States Court of Appeals,11th District, on 10/16/09. This appeal is pending.
On 11/29/10, Johnson filed a 3.850 Motion with the CircuitCourt. This motion is still pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
05/28/76 20 UNKNOWN CENTRALOFFICE
06/01/77 0 UNKNOWN CENTRALOFFICE
05/14/91 0 FIGHTING FLORIDA STATE PRISON
06/11/92 0 POSS OFNARCOTICS FLORIDA STATE PRISON
07/15/94 0 UNAUTHUSE OF DRUGS UNIONC. I.
01/12/95 0 POSS OF NARCOTICS UNION C.I.
11/02/98 0 UNAUTHUSE OF DRUGS UNIONC. I.
____________________________________________________________________
Report Date: 05/20/03 cc
Approved: 07/10/03 ws
Updated: 01/26/11 CAR