Johnson v. Wainwright, 68319
| Court | United States State Supreme Court of Florida |
| Citation | 498 So.2d 938,11 Fla. L. Weekly 647 |
| Docket Number | No. 68319,68319 |
| Parties | 11 Fla. L. Weekly 647 Paul Beasley JOHNSON, Petitioner, v. Louie L. WAINWRIGHT, Respondent. |
| Decision Date | 11 December 1986 |
Page 938
v.
Louie L. WAINWRIGHT, Respondent.
Rehearing Denied Jan. 9, 1987.
Larry Helm Spalding, Office of the Capital Collateral Representative, Tallahassee, for petitioner.
Jim Smith, Atty. Gen., and Robert J. Krauss, Asst. Atty. Gen., Tampa, for respondent.
PER CURIAM.
Paul Johnson, a Florida prisoner under sentence of death, petitions this Court for a writ of habeas corpus. We have jurisdiction. Art. V, §§ 3(b)(1), (9), Fla. Const. We grant the writ and remand for a new trial.
A jury convicted Johnson of, among other things, three counts of first-degree murder and recommended that he be sentenced to death. The trial court imposed three death sentences on Johnson, and we affirmed his convictions and sentences. Johnson v. State, 438 So.2d 774 (Fla.1983), cert. denied, 465 U.S. 1051, 104 S.Ct. 1329, 79 L.Ed.2d 724 (1984). The governor signed Johnson's death warrant in January 1986, and Johnson subsequently filed the instant petition.
Johnson raises two claims in this petition. First, he argues that this Court should stay his execution because the United States Supreme Court is currently considering the constitutionality of "death qualifying" juries in Lockhart v. McCree, 476 U.S. 162, 106 S.Ct. 1758, 90 L.Ed.2d 137 (1986). We have previously found this issue to be without merit. Kennedy v. Wainwright, 483 So.2d 424 (Fla.), cert. denied, 479 U.S. 890, 107 S.Ct. 291, 93 L.Ed.2d 265 (1986). Moreover, after Johnson filed this petition, the Supreme Court decided Lockhart adversely to his position. 476 U.S. 162, 106 S.Ct. 1758, 90 L.Ed.2d 137 (1986).
As his second point, Johnson claims that he received ineffective assistance of appellate counsel. We granted the requested stay so that oral argument could be presented on the second issue. After reviewing this matter we conclude that relief is warranted. *
Page 939
Several hours after the jury had begun its deliberations on Johnson's guilt or innocence, the trial court allowed the jury to separate for the night. Johnson's trial counsel objected to this separation and requested that the jury be sequestered overnight. The court denied both the objection and the request. The following morning trial counsel again objected to the procedure and moved for a mistrial. The court denied the motion. Appellate counsel did not raise this separation of the jury as an issue on appeal.
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Thompson v. State, No. SC87481
...on direct appeal that would not have constituted reversible error. See, e.g., Teffeteller, 734 So.2d at 1027; cf. Johnson v. Wainwright, 498 So.2d 938, 939 (Fla.1986) (granting habeas relief after finding that appellate counsel was ineffective for failing to raise an issue that was properly......
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Teffeteller v. Dugger, No. 73
...We do not agree that the merits of this claim are cognizable on habeas when not raised as an issue on appeal. Cf. Johnson v. Wainwright, 498 So.2d 938 (Fla.1986) (issue of jury's separation during deliberations raised in habeas petition as claim that appellate counsel was ineffective for no......
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Johnson v. State, No. SC08-1213 (Fla. 1/14/2010), SC08-1213.
...not keeping a capital-case jury together during deliberations is reversible error and granted Johnson a new trial. Johnson v. Wainwright, 498 So.2d 938 (Fla.1986), cert. denied, 481 U.S. 1016, 107 S.Ct. 1894, 95 L.Ed.2d 500 (1987). Johnson's retrial began in Polk County in October 1987. Dur......
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Johnson v. State Of Fla., SC08-1213
...not keeping a capital-case jury together during deliberations is reversible error and granted Johnson a new trial. Johnson v. Wainwright, 498 So.2d 938 (Fla.1986), cert. denied, 481 U.S. 1016, 107 S.Ct. 1894, 95 L.Ed.2d 500 (1987). Johnson's retrial began in Polk County in October 1987. Dur......