The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor statistical or legal purposes.
MARQUARD, John Christopher (W/M)
DC# 122995
DOB: 10/16/66
Seventh Judicial Circuit, St. Johns County, Case#91-2418-CFA
Sentencing Judge: The Honorable Richard Watson
Trial Attorney: Garry Wood & Howard Pearl –Private
Attorney, Direct Appeal: George D. E. Burden –Assistant Public Defender
Attorney, Collateral Appeals: Ali Shakoor – CCRC-M
Date of Offense: 06/20/91
Date of Sentence: 02/05/93
Circumstances of the Offense:
In June 1991, the victim, Stacy Willets, and two males, JohnMarquard and Mike Abshire, drove from North Carolina to Florida. They all wereplanning to move to Florida and were going to share the expense by drivingtogether. The three were going to use Ms. Willet’s car. Marquard and Abshiretalked about killing Ms. Willet for her car and money before the three leftNorth Carolina. On 06/20/91, Marquard told Abshire that he was going to killMs. Willet that night. The reason he gave for wanting to kill her was that hewas tired of arguing with her. The conversation took place when the three hadmade a stop in South Carolina.
When the three reached St. Augustine, Marquard and Abshiredecided to lure Ms. Willet into the woods and kill her. They got her to go withthem by telling her she was invited to a party. They drove her to adeserted area and the three walked into the woods. Marquard came at Ms. Willetfrom behind and stabbed her. Ms. Willet ended up on her stomach on the ground.Marquard then sat on her back; he noticed that she was still breathing, so hepushed her face into a puddle until she quit breathing. Ms. Willet’s body thenbegan to convulse, so Marquard again forced her face into the puddle. Abshirebegan to take part in the crime by stabbing Ms. Willet’s body. The two thenattempted to severe Ms. Willet’s head from her body.
Marquard was arrested for the murder and he confessed. Hetold law enforcement that he remembered only walking into the woods and thenstanding over Ms. Willet’s body with a knife, but he did not recall the crime.Abshire provided a detailed account of the murder.
Additional Information:
Marquard was on probation in the state of North Carolina forlarceny when the murder took place.
Codefendant Information:
Michael Gene Abshire (DC# 773461)
AKA: Lockjaw
Abshire was convicted of First-Degree murder and Robberywith a Deadly Weapon (CC# 91-2418). He was sentenced to life for bothoffenses and is currently incarcerated by the Florida Department ofCorrections.
Trial Summary:
04/24/91 The defendant was indicted on the following charges:
Count I: First-Degree Murder
Count II: Armed Robbery with aDeadly Weapon
01/13/93 The defendant was found guilty of all the charges in the indictment
01/15/93 The jury recommended the sentence of death by a vote of 12-0
02/05/93 The defendant was sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Armed Robbery with aDeadly Weapon – Life
Appeal Summary:
Florida State Supreme Court – Direct Appeal
FSC# 81,341
641 So. 2d 54
02/26/93 Appeal filed
06/09/94 FSC affirmed the conviction and sentence
08/23/94 Rehearing denied
09/22/94 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 94-7149
513 U.S. 1132
11/21/94 Petition filed
01/23/95 Petition denied
State Circuit Court – 3.850 Motion
CC# 91-2418
03/26/97 Motion filed
12/22/99 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 00-253
850 So. 2d 417
02/07/00 Appeal filed
11/21/02 Denial affirmed
07/15/03 Rehearing denied
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 00-1540
850 So. 2d 417
07/28/00 Petition filed
11/21/02 Petition denied
07/15/03 Rehearing denied
08/14/03 Mandate issued
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 03-752
09/05/03 Petition filed
10/21/03 Amended
01/18/05 Petition denied and dismissed with prejudice
United States Court of Appeals, 11th Circuit – HabeasAppeal
USCA# 05-10904
429 F.3d 1278
02/11/05 Appeal filed
11/10/05 USCA affirmed the USDC’s denial of Marquard’s Petition for Writ of HabeasCorpus
12/27/05 Motion for rehearing denied
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 05-10144
126 S. Ct. 2356
03/20/06 Petition filed
06/05/06 Petition denied
State Circuit Court – 3.850 Motion
CC# 91-2428
09/12/07 Motion filed
01/03/08 Motion denied
Florida Supreme Court – 3.851 Appeal
FSC# 08-148
993 So.2d 513
02/04/08 Appeal filed
09/24/08 Appeal denied
Factors Contributing to the Delay in the Imposition ofthe Sentence:
The 3.850 Motion was pending in the Circuit Court for twoand a half years.
Case Information:
Marquard filed a Direct Appeal to the Florida Supreme Courton 02/26/93. Marquard raised the following claims in the appeal: the trialcourt erred by dismissing a death-qualified venire person, an illegal searchand seizure claim, and an admission of irrelevant evidence. The Court found noerrors and affirmed Marquard’s conviction and sentence on 06/09/94. Therehearing was denied on 08/23/94, and the mandate was issued on 09/22/94.
Marquard filed a Petition for Writ of Certiorari to theUnited States Supreme Court on 11/21/94. The petition was denied on 01/23/95.
Marquard filed a 3.850 Motion to the Circuit Court on03/26/97. The petition was denied on 12/22/99.
Marquard filed a 3.850 Appeal to the Florida Supreme Courton 02/07/00. Marquard contended that his death sentence should have beenvacated because his codefendant, Abshire, received a life sentence. Healso argued that his death sentence should be vacated because Abshire recantedhis trial testimony and claimed that he cut the victim’s throat while she wasstill alive. Although the Court found that those reasons could be reasonto vacate a death sentence, they found that Marquard was the more culpable ofthe two making his death sentence proportional. He also claimed that hewas denied a fair evidentiary hearing because the trial court did not allowhearsay evidence to be heard. The Court found there to be harmless errorin this argument. Marquard also contended that his counsel was ineffective,which the Court also denied. The Court found Marquards’ arguments to beharmless and affirmed the denial of his 3.850 Motion on 11/21/02.
He also filed a Petition for Writ of Habeas Corpus to theFlorida Supreme Court on 07/28/00, which was later denied on 11/21/02. The rehearing was denied on 07/15/03. The mandate was issued on 08/14/03.
On 09/05/03, Marquard filed a Petition for Writ of HabeasCorpus to the United States District Court, Middle District. An amendedpetition was filed on 10/21/03. The petition was denied and dismissedwith prejudice on 01/18/05.
On 02/11/05, Marquard filed a Habeas Appeal to the UnitedStates Court of Appeals. On 11/10/05, the USCA affirmed the USDC’s denialof Marquard’s Petition for Writ of Habeas Corpus. The rehearing wasdenied on 12/27/05.
On 03/20/06, Marquard filed a Petition for Writ ofCertiorari to the United States Supreme Court, which was denied on06/05/06.
Marquard filed a 3.850 Motion for Post Conviction Relief inthe Circuit Court on 09/12/07, which was denied on 01/03/08.
On 02/04/08, Marquard filed a 3.851 Appeal in the FloridaSupreme Court, which was denied on 09/24/08.
Institutional Adjustments:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
05/24/93 0 POSS OF UNAUTHBEV. FLORIDA STATE PRISON
06/30/93 0 DISORDERLY CONDUCT UNION C. I.
08/17/93 0 DISOBEYING ORDER UNION C. I.
11/07/93 0 POSS OFNARCOTICS UNION C. I.
11/12/93 0 POSS OF CONTRABAND UNION C. I.
12/07/93 0 POSS OF CONTRABAND UNION C. I.
06/11/97 0 SEX ACTS UNION C. I.
12/01/02 90 SPOKEN THREATS UNION C. I.
04/04/05 60 DISORDERLYCONDUCT UNION C.I.
06/01/05 30 POSS OF CONTRABAND UNION C.I.
11/14/05 0 FAILURE TO COMPLY UNION C.I.
________________________________________________________________________
Report Date: 07/18/02 NMP
Approved: 07/23/02 RM
Updated: 07/13/09 EMJ