John Loveman Reese

Case information

Name: John Loveman Reese Date of birth: 03/29/65 Jurisdiction: Fourth Judicial Circuit, Duval County Case number: 9204174 Date of offense: 01/28/92 Sentencing judge: The Honorable Henry W. Cook Re-sentencing judge (1st and 2nd): The Honorable L. Page Haddock

Timeline

• 01/28/92 — Sharlene Austin was found raped and murdered in her bedroom.
• 03/25/93 — Reese was found guilty on counts I, II and III; count IV was dropped prior to trial.
• 06/25/93 — Reese was sentenced to death and also received sentences for sexual battery and burglary with assault.
• 07/23/93 — Reese raised several issues during his first direct appeal.
• 03/20/97 — Florida Supreme Court affirmed the conviction but remanded the case to the trial court for a new sentencing order.
• 07/16/97 — Reese was re-sentenced to death.
• 09/18/97 — Reese filed a second direct appeal in the Florida Supreme Court.
• 02/18/99 — Florida Supreme Court clarified its instructions and remanded the case to the trial court for a revised sentencing order.
• 06/16/00 — Duval County Circuit Court sentenced John Reese to death.
• 08/17/00 — Florida Supreme Court affirmed the sentence.
• 01/08/01 — Reese filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 03/09/01 — The petition was denied.
• 09/27/01 — Reese filed a 3.850 Motion in the Duval County Circuit Court.
• 02/26/02 — The 3.850 petition was dismissed.
• 04/01/02 — Reese filed amended 3.850 motions.
• 03/03/04 — Reese filed amended 3.850 motions.

Background

John Loveman Reese was convicted and sentenced to death for the murder of Sharlene Austin. Reese knew Austin through his sometimes girlfriend, Jackie Grier, who had a close friendship with Austin. Reese had previously expressed dislike and jealousy of Austin based on her close friendship with Grier.

The offence

On 01/28/92, Sharlene Austin was found raped and murdered in her bedroom. Grier and a neighbor were concerned about not being able to get in touch with Austin and went to her home. They entered through an unlocked door and found Austin in the bedroom covered with a sheet.

The police found a print of Reese’s hand on the waterbed in Austin’s bedroom. Reese confessed to the crime when the police questioned him. He said that he broke into Austin’s home and waited for her to come home.

Four hours later, when Austin did arrive home, Reese hid in the closet because he said that he was scared. He came out of the closet when Austin fell asleep on the couch. According to Reese, he panicked because Austin started moving. He then dragged Austin into the bedroom, raped her, and then used an electrical cord to strangle her.

Investigation

Arrest

Charges and trial proceedings

Indictment

Reese was indicted on the following:

• Count I: First-Degree Murder (Sharlene Austin)
• Count II: Sexual Battery
• Count III: Burglary with Assault
• Count IV: Kidnapping

Trial verdicts

On 03/25/93, Reese was found guilty on counts I, II and III. Count IV was dropped prior to trial.

Advisory sentencing

Upon advisory sentencing, the jury, by an 8 to 4 majority, voted for the death penalty.

Sentencing

First sentencing

On 06/25/93, Reese was sentenced as follows:

• Count I: First-Degree Murder (Sharlene Austin) — Death
• Count II: Sexual Battery — 22 years less 1 year and 71 days for time served
• Count III: Burglary with Assault — 22 years less 1 year and 71 days for time served

Resentencing

• On 07/16/97, Reese was re-sentenced as follows:

• On 06/16/00, Reese was re-sentenced as follows:

Appeals

First direct appeal (issues raised on 07/23/93; decision dated 03/20/97)

Reese raised several issues during his first Direct Appeal. Three issues were raised about the guilt portion of the trial:

1. A Richardson violation, a violation of discovery rules, when defense counsel was not provided with a witness’s statement by the state.
2. The defense’s cross-examination of Grier should not have been limited.
3. The final issue referring to the guilt phase of the trial was that Reese should have been allowed to testify on redirect examination about his offer to plead.

The Florida Supreme Court did not find an error upon which to base a reversal within the guilt portion of the trial.

Reese raised several issues referring to the penalty portion of the trial:

1. An error in the jury instructions and the finding of the homicide being cold, calculated, and premeditated.
2. An error made in not properly handling unrebutted mitigation.
3. The sentence was not proportionate to the crime committed.
4. The closing argument made by the state was misleading.
5. The final issue raised was that the jury instructions were not constitutional.

On 03/20/97, the Florida Supreme Court affirmed the conviction, but remanded the case to the trial court for a new sentencing order.

Second direct appeal (decision dated 02/18/99; filing dated 09/18/97)

On 09/18/97, Reese filed a second Direct Appeal in the Florida Supreme Court. Reese raised several issues during his second Direct Appeal:

1. The court erred in not accepting the mitigating factors presented by Reese.
2. Cold, calculated, and premeditated aggravators should not have been found and the jury instructions were unconstitutional.
3. The sentence of capital punishment was not proportionate with the crime committed.

The Florida Supreme Court did not find these issues to warrant a reversal of the conviction or sentence. The Florida Supreme Court, however, found that there had been confusion regarding their instructions involving the remand of the case to the trial court for a new sentencing order. On 02/18/99, the Florida Supreme Court clarified their instructions and remanded the case to the trial court for a revised sentencing order.

Federal certiorari petition

Reese filed a Petition for Writ of Certiorari in the United States Supreme Court on 01/08/01. The petition was denied on 03/09/01.

Collateral proceedings

Reese filed a 3.850 Motion in the Duval County Circuit Court on 09/27/01. The petition was dismissed on 02/26/02. Reese filed Amended 3.850 Motions on 04/01/02 and 03/03/04.

Other details

Participants and representation

• Attorney, Trial (1st): Patrick McGuinness – Assistant Public Defender
• Attorney, Trial (2nd): Charles Coffer – Assistant Public Defender
• Direct Appeal (1st and 2nd): Nada M. Carey – Assistant Public Defender
• Collateral Appeals: Jefferson Morrow – Registry

Victim

Victim: Sharlene Austin

Relationship involving the victim and Reese

Evidence described

A print of Reese’s hand was found on the waterbed in Austin’s bedroom.

Case information references

Florida Supreme Court opinion numbers and case identifiers appeared with: 82119, SC91411, SC07-1309, DC# 123069, and DOB: 03/29/65.