Date of Sentence: 10/03/80
Circumstances of Offense:
Terrell Johnson went to Orange
County’s Lola’s Tavern on December 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 he had bought it from Johnson for
only $50. Johnson wanted to test fire the gun before he gave Dodson the
money for it and went out to an accompanying field to fire several
shots.
Johnson returned to the tavern angered by the inflation in price
that Dodson had requested and decided to rob the tavern.
Johnson
relayed to the police that he forced Dodson and Charles Himes, a
customer, into the men’s bathroom with the intention of tying them up
with electrical cord. Johnson then stated that Himes attacked him and
caused him to shoot both men as he began firing wildly.
Johnson took
all of the money out of the cash drawer, as well as Dodson’s gun that
was kept under the bar. As he was wiping the bar surface clear of
fingerprints, Johnson heard sounds coming from the bathroom.
According
to Johnson, he returned to the bathroom and finding Himes alive, shot
him again to “stop his suffering.” Johnson later sold the murder weapon
prior to leaving Florida.
Johnson was arrested several
weeks later for an unrelated crime in Oregon. Johnson still had
Dodson’s gun and was linked to the murders by a warrant in the National
Crime Information Center.
Trial Summary:
05/23/80
Defendant was indicted with the following
Count I: First-Degree
Murder
Count II: First-Degree
Murder
09/26/80 Defendant was found
guilty on Count I as charged and found guilty of the lesser offense of
Second-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
Case Information:
A
Direct Appeal was filed with the Florida Supreme Court (FSC) on
10/17/80. Issues that were raised on appeal included discrepancies
concerning “expert” testimony and whether the revised trial transcripts
omitted material that was included in the initial trial transcripts.
The FSC found all of the claims either harmless or without merit and
affirmed the convictions and sentence of Death on 11/23/83.
A
Petition for Writ of Certiorari was filed with the United States Supreme
Court (USSC) on 03/07/84 and denied on 04/30/84
A
3.850 Motion was filed with the circuit court on 10/06/86 and the
convictions and sentence were affirmed on 06/12/89. A 3.850 Appeal was
filed with the FSC on 09/05/89. Issues that were raised on appeal
included whether the defendant’s trial counsel was ineffective and
whether the jury was erroneously instructed concerning the requirements
for a life sentence. The FSC found all of the claims either harmless or
without merit and affirmed the circuit court’s denial of the 3.850
Motion on 01/02/9
A
Petition for Writ of Habeas Corpus was filed with the United States
District Court, Middle District on 05/05/92 and the Petition was
dismissed without prejudice on 09/08/94.
A
Petition for Writ of Certiorari was filed with the USSC on 05/15/92 and
denied on 10/05/92.
A
Petition for Writ of Habeas Corpus was filed with the FSC on 01/18/95.
Issues that were raised included whether the defendant was denied
effective assistance of counsel and whether the defendant was denied his
right to the independent and competent assistance of a mental health
expert. The FSC found all 23 claims either procedurally barred or
without merit and denied the Petition on 12/19/96.
A
3.850 Motion was filed with the circuit court on 02/13/97 and was denied
on 06/15/99.
A
3.850 Appeal was filed with the FSC on 08/23/99. Issues that were raised
on appeal included whether the summary denial of the defendant’s 3.850
Motion was improper and whether the defendant was denied access to
public records relating to the jurors. The FSC found all of the claims
either harmless or without merit and affirmed the circuit court’s denial
of the 3.850 Motion on 10/25/01.
A
3.850 Motion was filed with the circuit court on 02/11/02 and was denied
on 11/06/02.
A
3.850 Motion Appeal was filed with the Florida Supreme Court on
06/11/03, citing public records issues and Ring claims. On 04/28/05,
the Florida Supreme Court affirmed the denial of the Motion.
A
Petition for Writ of Habeas Corpus was filed with the U.S. District
Court, Southern District, on 04/28/06 and is pending.
FloridaCapitalCases.state.fl.us
