Terrell Johnson

Overview

Terrell Johnson was sentenced to death on October 3, 1980. He was convicted of First-Degree Murder on Count I as charged and convicted of the lesser offense of Second-Degree Murder on Count II. The jury recommended a sentence of Death by a majority vote.

Background

Terrell Johnson was born on 04/15/46. The case took place in the Ninth Judicial Circuit, Orange County, and was identified as Case # 80-101.

The offence

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 demanded $100 to return the gun even though Dodson had bought it from Johnson for only $50. Johnson wanted to test fire the gun before he gave Dodson the money 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 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.

Johnson stated that as he was wiping the bar surface clear of fingerprints, he heard sounds coming from the bathroom. According to Johnson, he returned to the bathroom and found Himes alive, and he shot him again to “stop his suffering.” Johnson later sold the murder weapon prior to leaving Florida. Johnson later sold the murder weapon prior to leaving Florida.

Investigation

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

On 05/23/80, Terrell Johnson was indicted with the following counts:

• Count I: First-Degree Murder
• Count II: First-Degree Murder

On 09/26/80, the jury found Johnson guilty on Count I as charged and found Johnson guilty of the lesser offense of Second-Degree Murder for Count II. On 09/29/80, the jury recommended a sentence of Death by a majority vote.

Sentencing

On 10/03/80, Johnson was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: First-Degree Murder — Life

The sentencing judge was the Honorable Rom W. Powell. The trial attorney was Gerald Jones, Assistant Public Defender. The direct appeal attorney was Ronald K. Zimmet, Assistant Public Defender. The collateral appeals attorney was William Hennis, CCRC-S.

Appeals

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 was 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 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.

Outcome

Johnson was convicted on Count I of First-Degree Murder as charged and convicted on Count II of the lesser offense of Second-Degree Murder. Johnson was sentenced to death on Count I and life imprisonment on Count II. The Florida Supreme Court affirmed the convictions and the death sentence, and subsequent collateral proceedings resulted in denials or dismissals described in the appeals record.

Case information and identifiers

• Florida Supreme Court opinion: 74662
• Florida Supreme Court opinion: 85028
• Florida Supreme Court opinion: 89022
• Florida Supreme Court opinion: SC96333
• Florida Supreme Court case number: SC03-1042
• DC#: 010796
• Date of offense: 12/04/79
• Date of sentence: 10/03/80
• Ninth Judicial Circuit: Orange County
• Case #: 80-101