David Eugene Johnston

Case information

• Name: David Eugene Johnston
• Date of birth: 03/11/57
• Jurisdiction: Ninth Judicial Circuit, Orange County
• Case number: 83-5401
• Offense date: 11/05/83
• Sentencing judge: The Honorable Rom W. Powell

Timeline

• 11/05/83 — David Johnston placed a call to the Orlando Police Department at 3:30 a.m. identifying himself as Martin White and stated that someone had killed his grandmother.
• 05/18/84 — David Johnston was indicted with the following: Count I: First-Degree Murder.
• 12/05/83 — Defendant was indicted with the following: Count I: First-Degree Murder.
• 05/29/84 — Defendant found guilty of First-Degree Murder.
• 05/29/84 — Jury recommended Death by a vote of 8-4.
• 06/01/84 — Defendant was sentenced as follows: Count I: First-Degree Murder – Death.
• 07/02/84 — A Direct Appeal was filed with the Florida Supreme Court (FSC).
• 11/13/86 — The Florida Supreme Court affirmed the conviction and sentence.
• 11/28/88 — A 3.850 Motion was filed with the State Circuit Court.
• 08/16/89 — The State Circuit Court denied the 3.850 Motion.
• 11/28/88 — A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court.
• 09/19/89 — A 3.850 Appeal was filed with the Florida Supreme Court.
• 06/20/91 — The Florida Supreme Court denied the Petition for Writ of Habeas Corpus.
• 06/20/91 — The Florida Supreme Court affirmed the Circuit Court’s denial of the 3.850 on 06/20/91.
• 10/23/91 — A Petition for Writ of Habeas Corpus was filed with the Middle District of the United States District Court (USDC).
• 09/16/93 — The USDC remanded the case to the Florida Supreme Court for a harmless error analysis.
• 11/15/93 — A Habeas Appeal was filed with the 11th District of the United States Court of Appeal (USCA).
• 06/23/94 — The Florida Supreme Court reaffirmed the conviction and sentence.
• 01/09/95 — A Petition for Writ of Certiorari was filed with the United States Supreme Court (USSC).
• 02/27/95 — The United States Supreme Court denied the Petition for Writ of Certiorari.
• 03/08/95 — A 3.850 Motion was filed with the State Circuit Court.
• 03/25/96 — The State Circuit Court denied the 3.850 Motion.
• 05/13/96 — A 3.850 Appeal was filed with the Florida Supreme Court.
• 03/05/98 — The Florida Supreme Court affirmed the Circuit Court’s denial of the 3.850 Motion on 03/05/98.
• 02/11/97 — A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court.
• 03/05/98 — The Florida Supreme Court denied the Petition on 03/05/98.
• 06/25/99 — A Petition for Writ of Certiorari was filed with the United States Supreme Court (USSC).
• 10/04/99 — The United States Supreme Court denied on 10/04/99.
• 05/10/00 — A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court.
• 04/12/01 — The Florida Supreme Court denied the Petition on 04/12/01.
• 06/11/02 — A 3.851 Motion was filed with the State Circuit Court.
• 01/31/03 — The State Circuit Court denied the 3.851 Motion.
• 05/02/03 — A 3.851 Appeal was filed with the Florida Supreme Court.
• 05/04/06 — The Florida Supreme Court affirmed the denial of the motion.

The offence

On November 5, 1983, David Johnston placed a call to the Orlando Police Department at 3:30 a.m. identifying himself as Martin White. Johnston gave the police the address of the crime scene stating that someone had killed his grandmother. When the police arrived, they found 84-year-old Mary Hammond’s dead body in the house. The victim had been stabbed multiple times and also displayed signs of manual strangulation.

Prior to the murder, Johnston had contact with the victim due to his employment at a demolition site close to the victim’s home. Johnston was seen in the victim’s apartment, washing dishes five days prior to the murder. Witnesses saw Johnston earlier without scratches on his face. Johnston’s watch, which was later found covered with blood in the victim’s bathroom, was seen on Johnston’s wrist as late as 1:45 a.m. the morning of the murder. A butterfly pendant that Johnston was seen wearing as late as 2:00 a.m. was found in the victim’s hair. A blood-stained butcher knife was discovered under the victim’s mattress and a footprint was found outside the kitchen window that matched Johnston’s shoe.

A pillowcase was found at the demolition site that contained a brass teapot, a wine bottle, flatware, tableware, and a silver candlestick, all of which belonged to the victim.

Investigation

Johnston was arrested after police noticed scratches on his face, blood on his clothing, and noted various discrepancies in the accounts he gave to several officers at the crime scene.

Trial

• Indictment:
  • Count I: First-Degree Murder
• Verdict:
  • Defendant found guilty of First-Degree Murder
• Jury recommendation:
  • Jury recommended Death by a vote of 8-4

Sentencing

• Date of sentence: 06/01/84
• Sentenced as follows:
  • Count I: First-Degree Murder – Death

Appeals

Direct appeal

A Direct Appeal was filed with the Florida Supreme Court (FSC) on 07/02/84. Issues raised on appeal included whether the trial court erred by not allowing the public defender to withdraw and whether the trial court erred by swearing in each individual juror as selected, thus preventing “backstriking” of jurors. The FSC found all of the claims either harmless or without merit and affirmed the conviction and sentence on 11/13/86.

State collateral proceedings

A 3.850 Motion was filed with the State Circuit Court on 11/28/88 and denied on 08/16/89.

A Petition for Writ of Habeas Corpus was filed with the FSC on 11/28/88. Issues raised included whether the prosecutor and the trial court misinformed the jury concerning its proper role in sentencing and whether the trial court failed to consider nonstatutory mitigating factors. The FSC found all of the claims either harmless or without merit and denied the Petition on 06/20/91.

A 3.850 Appeal was filed with the FSC on 09/19/89. Issues included whether the trial court erred by finding Johnston competent to stand trial and included various claims of ineffective counsel. The FSC found all of the claims either harmless or without merit and affirmed the Circuit Court’s denial of the 3.850 on 06/20/91.

A 3.850 Motion was filed with the State Circuit Court on 03/08/95 and denied on 03/25/96.

A 3.850 Appeal was filed with the FSC on 05/13/96. Issues raised included whether the trial court erred in refusing to grant a hearing on the failure of various state agencies to comply with outstanding public records requests. The FSC found claims either harmless or without merit and affirmed the Circuit Court’s denial of the 3.850 Motion on 03/05/98.

A Petition for Writ of Habeas Corpus was filed with the FSC on 02/11/97. Issues raised included whether the harmless error analysis was improperly and unconstitutionally conducted. The FSC found all of the claims either harmless or without error and denied the Petition on 03/05/98.

A Petition for Writ of Habeas Corpus was filed with the FSC on 05/10/00. Issues raised included whether the FSC applied an incorrect standard in reviewing Johnston’s ineffective assistance of counsel claim in their 1991 opinion. The FSC denied the Petition on 04/12/01.

A 3.851 Motion was filed with the State Circuit Court on 06/11/02 and denied on 01/31/03.

A 3.851 Appeal was filed with the FSC on 05/02/03, raising Ring issues and mental retardation determination. On 05/04/06, the FSC affirmed the denial of the motion.

Federal habeas and certiorari

A Petition for Writ of Habeas Corpus was filed with the Middle District of the United States District Court (USDC) on 10/23/91. The USDC remanded the case to the FSC on 09/16/93 for a harmless error analysis. A Habeas Appeal was filed with the 11th District of the United States Court of Appeal (USCA) on 11/15/93 who affirmed the USDC denial of the Petition for Habeas Corpus.

A Petition for Writ of Certiorari was filed with the United States Supreme Court (USSC) on 01/09/95 and denied on 02/27/95.

A Petition for Writ of Certiorari was filed with the USSC on 06/25/99 and denied on 10/04/99.

Other details

Parties and counsel

• Trial: The Honorable Rom W. Powell
• Trial attorneys: Christine Warren and Clyde Wolfe — Assistant Public Defenders
• Direct Appeal: Ronald R. Findell — Private Attorney
• Collateral Appeals: J. Edwin Mills — Registry

Charge labeling in the case record

The record included Count I: First-Degree Murder.

Remand for mental retardation determination

On 12/17/04, the Florida Supreme Court remanded jurisdiction to the Circuit Court for a mental retardation determination. On 07/25/05, the Circuit Court denied the motion.