Matthew Marshall

Case identifiers

Matthew Marshall was identified in the case as: Florida Supreme Court opinion 75 406, opinion SC 00-1186, opinion SC02-420, opinion SC 05-2379, DC# 648254, DOB: 07/23/64, Nineteenth Judicial Circuit, Martin County, Case# 89-174 CF.

Timeline

• 11/01/88 — Matthew Marshall and Jeffrey Henry were both incarcerated at the Martin Correction Institute; the murder occurred.
• 12/12/89 — Matthew Marshall was sentenced to death.
• 02/16/89 — Indictment occurred as follows.
• 12/08/89 — Jury returned guilty verdicts on all counts of the indictment.
• 12/11/89 — Jury recommended the life sentence by a vote of 12-0.
• 12/12/89 — Trial judge rejected the jury’s recommendation and imposed death sentence.
• 01/30/90 — Matthew Marshall filed a direct appeal to the Florida Supreme Court.
• 07/16/90 — The Florida Supreme Court affirmed Marshall’s conviction and death sentence.
• 02/11/93 — Marshall filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 05/17/93 — The United States Supreme Court denied the petition.
• 01/19/95 — Marshall filed a 3.850 Motion to the Circuit Court.
• 01/29/99 — The 3.850 Motion was amended.
• 04/18/00 — The 3.850 Motion was denied.
• 06/22/00 — Marshall filed a 3.850 appeal to the Florida Supreme Court.
• 06/12/03 — The Florida Supreme Court remanded for an evidentiary hearing on claims of juror misconduct.
• 06/23/03 — Marshall filed a motion for a rehearing.
• 09/08/03 — The motion for a rehearing was denied.
• 10/08/03 — The mandate was issued.
• 02/22/02 — Marshall filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court.
• 05/26/05 — The Petition for Writ of Habeas Corpus was denied.
• 09/15/05 — A motion for a rehearing filed on 06/10/05 was denied.
• 09/28/05 — The Circuit Court denied the issue of juror misconduct.
• 12/12/05 — Marshall filed a 3.850 appeal to the Florida Supreme Court, currently pending.
• 02/09/06 — Marshall filed a Petition for Writ of Certiorari to the United States Supreme Court.
• 05/15/06 — The United States Supreme Court denied the petition.

Background

Matthew Marshall was known as the “muscle man” for inmates who operated football game-pools. Marshall won sums of money and sought to collect his winnings from the other inmates. During his indictment, Marshall stated that Henry was known as the “muscle man” for inmates who operated football game-pools. Marshall also stated that he won sums of money and sought to collect his winnings from the other inmates.

The offence

On 11/01/88, Matthew Marshall and Jeffrey Henry were both incarcerated at the Martin Correction Institute. On the day of Henry’s murder, witnesses heard moans and screaming emanating from Henry’s cell. Witnesses saw Marshall exiting Henry’s cell with blood on his chest and arms. Minutes later, witnesses saw Marshall re-entering Henry’s cell and heard similar noises emanating from his cell once again. After a moment of silence, witnesses saw Marshall exiting from Henry’s cell covered in blood.

Henry was found dead, lying face-down in his cell with his sweat pants pulled down to his ankles and his hands tied behind his back. Henry’s cause of death was severe blows to the back of the head.

A fight broke out between Marshall and Henry when Henry refused to pay. In statements during his indictment, Marshall said Henry attacked first and Marshall killed Henry in self-defense.

Investigation and evidence

Witnesses heard moans and screaming from Henry’s cell, and they observed Marshall exiting and re-entering Henry’s cell with blood on his clothing during the period leading up to Henry being found dead.

Trial

Indictment and jury verdict

On 02/16/89, Matthew Marshall was indicted as follows:

• Count I: First-Degree Murder

On 12/08/89, the jury returned guilty verdicts on all counts of the indictment. On 12/11/89, the jury recommended the life sentence by a vote of 12-0. On 12/12/89, the trial judge rejected the jury’s recommendation and imposed death sentence. Marshall was sentenced as follows:

• Count I: First-Degree Murder – Death

Sentencing judge and counsel

• Sentencing Judge: The Honorable Dwight L. Geiger
• Attorney, Trial: Cliff Barnes – Assistant Public Defender
• Attorney, Direct Appeal: Louis G. Carres – Assistant Public Defender
• Collateral Appeals: Melissa M. Donoho – CCRC-S

Appeals

Direct appeal

Marshall filed a direct appeal to the Florida Supreme Court on 01/30/90, raising numerous issues:

1. Marshall claimed the trial court erred in permitting an inmate to testify identified only by number, not by name.
2. Marshall argued that the trial court erred in instructing the jury on manslaughter.
3. Marshall claimed the trial court erred in instructing the jury that self-defense was unavailable to third-degree murder where the underlying felonies were respectively burglary and aggravated battery.
4. Marshall argued that the trial court erred in denying Marshall an instruction on aggravated assault in connection with self-defense instruction.
5. Marshall claimed the trial court erred in not declaring a mistrial after the prosecution conceded that it had failed to link evidence to the alleged motive.
6. Marshall claimed the trial court erred in admitting evidence of gambling slips found in Marshall’s cell six months after the murder.
7. Marshall claimed the trial court erred in refusing to poll prospective juror to determine whether they had read an article about the murder appearing in the Palm Beach Post.
8. Marshall alleged that the trial court erred in finding the murder to be heinous, atrocious, or cruel.
9. Marshall argued that the trial court abused its discretion in sentencing him to death where the jury had made a recommendation of life imprisonment.

The Court affirmed Marshall’s conviction and death sentence on 07/16/90.

Marshall filed a Petition for Writ of Certiorari to the United States Supreme Court on 02/11/93, which was denied on 05/17/93.

3.850 Motion and appeal

On 01/19/95, Marshall filed a 3.850 Motion to the Circuit Court. The Motion was amended on 01/29/99. The Motion was pending for five years until it was denied on 04/18/00.

Marshall filed a 3.850 Appeal to the Florida Supreme Court on 06/22/00. On 06/12/03, the Court remanded Marshall’s 3.850 Motion back to the Circuit Court for an evidentiary hearing on the claim of juror misconduct. On 06/23/03, Marshall filed a motion for a rehearing, which was denied on 09/08/03. The mandate was issued on 10/08/03. On 09/28/05, the Circuit Court denied the issue of juror misconduct. On 12/12/05, Marshall filed a 3.850 Appeal to the Florida Supreme Court, which is currently pending.

Habeas corpus and additional certiorari

On 02/22/02, Marshall filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was denied on 05/26/05. On 06/10/05, Marshall filed a motion for a rehearing, which was denied on 09/15/05.

On 02/09/06, Marshall filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 05/15/06.

Factors contributing to delay in imposition and related motions

It took over five years for the Circuit Court to deny Marshall’s 3.850 Motion. When Marshall appealed the Circuit Court’s denial of the 3.850 Motion to the Florida Supreme Court, it took three years for the Court to render a decision. On 10/08/03, the Florida Supreme Court remanded Marshall’s 3.850 Motion back to the Circuit Court for an evidentiary hearing on the claim of juror misconduct. It took nearly two years for the Circuit Court to render a decision, which denied the issue of juror misconduct, on 09/28/05.

Other details

Dates and case metadata

• Date of Offense: 11/01/88
• Date of Sentence: 12/12/89
• Martin County, Case# 89-174 CF
• DC# 648254
• DOB: 07/23/64

Prior incarceration history in Florida (listed offences)

Marshall had the following prior incarceration history in the State of Florida:

• 07/28/1983 — GRAND THEFT,$300 LESS &20,000 — Sentence Date: 09/26/1983 — Broward — Case No. 8308072 — Community Supervision Length: 1Y 0M 0D
• 08/10/1984 — ESCAPE — Sentence Date: 03/14/1985 — Miami-Dade — Case No. 8418638 — Sentence Length: 7Y 0M 0D
• 12/02/1983 — KIDNAP;COMM.OR FAC.FELONY — Sentence Date: 05/07/1986 — Miami-Dade — Case No. 8323746 — Sentence Length: 13Y 0M 0D
• 12/02/1983 — SEX BAT/INJURY NOT LIKELY — Sentence Date: 05/07/1986 — Miami-Dade — Case No.
• 07/20/1984 — ROBB. GUN/DEADLY WPN — Sentence Date: 05/07/1986 — Miami-Dade — Case No. 8416823 — Sentence Length: 13Y 0M 0D
• 06/29/1984 — ROBB. 8423078 — Sentence Length: 13Y 0M 0D

Marshall was serving prison time for previous offenses at the time of Henry’s murder.

Circumstances as described by Marshall during indictment

Marshall stated that Henry was known as the “muscle man” for inmates who operated football game-pools, and that inmates instructed Marshall to obtain his winnings from Henry. Marshall stated that when Marshall met Henry at his cell, a fight broke out after Henry refused to pay, and that Henry attacked first; Marshall said he killed Henry in self-defense.

Outcome

Marshall was convicted of first-degree murder and was sentenced to death.