The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.

 

MARQUARD, John Christopher (W/M)

DC#    122995

DOB:  10/16/66

 

Seventh Judicial Circuit, St. Johns County, Case# 91-2418-CFA

Sentencing Judge:  The Honorable Richard Watson

Trial Attorney:  Garry Wood & Howard Pearl – Private

Attorney, Direct Appeal:  George D. E. Burden – Assistant Public Defender

Attorney, Collateral Appeals:  Ali Shakoor – CCRC-M

 

Date of Offense: 06/20/91

Date of Sentence: 02/05/93

 

Circumstances of the Offense:

 

In June 1991, the victim, Stacy Willets, and two males, John Marquard and Mike Abshire, drove from North Carolina to Florida. They all were planning to move to Florida and were going to share the expense by driving together. The three were going to use Ms. Willet’s car. Marquard and Abshire talked about killing Ms. Willet for her car and money before the three left North Carolina. On 06/20/91, Marquard told Abshire that he was going to kill Ms. Willet that night. The reason he gave for wanting to kill her was that he was tired of arguing with her. The conversation took place when the three had made a stop in South Carolina.

 

When the three reached St. Augustine, Marquard and Abshire decided to lure Ms. Willet into the woods and kill her. They got her to go with them by telling her she was invited to a party.  They drove her to a deserted area and the three walked into the woods. Marquard came at Ms. Willet from behind and stabbed her. Ms. Willet ended up on her stomach on the ground. Marquard then sat on her back; he noticed that she was still breathing, so he pushed her face into a puddle until she quit breathing. Ms. Willet’s body then began to convulse, so Marquard again forced her face into the puddle. Abshire began to take part in the crime by stabbing Ms. Willet’s body. The two then attempted to severe Ms. Willet’s head from her body.

 

Marquard was arrested for the murder and he confessed. He told law enforcement that he remembered only walking into the woods and then standing over Ms. Willet’s body with a knife, but he did not recall the crime. Abshire provided a detailed account of the murder.

 

Additional Information:

 

Marquard was on probation in the state of North Carolina for larceny when the murder took place.

 

Codefendant Information:

 

Michael Gene Abshire (DC# 773461)

AKA: Lockjaw

 

Abshire was convicted of First-Degree murder and Robbery with a Deadly Weapon (CC# 91-2418).  He was sentenced to life for both offenses and is currently incarcerated by the Florida Department of Corrections.

 

Trial Summary:

 

04/24/91          The defendant was indicted on the following charges:

                                    Count I:           First-Degree Murder

                                    Count II:         Armed Robbery with a Deadly Weapon

01/13/93          The defendant was found guilty of all the charges in the indictment

01/15/93          The jury recommended the sentence of death by a vote of 12-0

02/05/93          The defendant was sentenced as follows:

                                    Count I:           First-Degree Murder – Death

                                    Count II:         Armed Robbery with a Deadly Weapon – Life

 

Appeal Summary:

 

Florida State Supreme Court – Direct Appeal

FSC# 81,341

641 So. 2d 54

 

02/26/93          Appeal filed

06/09/94          FSC affirmed the conviction and sentence

08/23/94          Rehearing denied

09/22/94          Mandate issued

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 94-7149

513 U.S. 1132

 

11/21/94          Petition filed

01/23/95          Petition denied

 

State Circuit Court – 3.850 Motion

CC# 91-2418

 

03/26/97          Motion filed

12/22/99          Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 00-253

850 So. 2d 417

 

02/07/00          Appeal filed

11/21/02          Denial affirmed

07/15/03          Rehearing denied

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 00-1540

850 So. 2d 417

 

07/28/00          Petition filed

11/21/02          Petition denied

07/15/03          Rehearing denied

08/14/03          Mandate issued

 

United States District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 03-752

 

09/05/03          Petition filed

10/21/03          Amended

01/18/05          Petition denied and dismissed with prejudice

 

United States Court of Appeals, 11th Circuit – Habeas Appeal

USCA# 05-10904

429 F.3d 1278

 

02/11/05          Appeal filed

11/10/05          USCA affirmed the USDC’s denial of Marquard’s Petition for Writ of Habeas Corpus

12/27/05          Motion for rehearing denied

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 05-10144

126 S. Ct. 2356

 

03/20/06          Petition filed

06/05/06          Petition denied

 

State Circuit Court – 3.850 Motion

CC# 91-2428

 

09/12/07          Motion filed

01/03/08          Motion denied

 

Florida Supreme Court – 3.851 Appeal

FSC# 08-148

993 So.2d 513

 

02/04/08          Appeal filed

09/24/08          Appeal denied

 

Factors Contributing to the Delay in the Imposition of the Sentence:

 

The 3.850 Motion was pending in the Circuit Court for two and a half years.

 

Case Information:

 

Marquard filed a Direct Appeal to the Florida Supreme Court on 02/26/93. Marquard raised the following claims in the appeal: the trial court erred by dismissing a death-qualified venire person, an illegal search and seizure claim, and an admission of irrelevant evidence. The Court found no errors and affirmed Marquard’s conviction and sentence on 06/09/94. The rehearing was denied on 08/23/94, and the mandate was issued on 09/22/94.

 

Marquard filed a Petition for Writ of Certiorari to the United States Supreme Court on 11/21/94. The petition was denied on 01/23/95.

 

Marquard filed a 3.850 Motion to the Circuit Court on 03/26/97. The petition was denied on 12/22/99.

 

Marquard filed a 3.850 Appeal to the Florida Supreme Court on 02/07/00.  Marquard contended that his death sentence should have been vacated because his codefendant, Abshire, received a life sentence.  He also argued that his death sentence should be vacated because Abshire recanted his trial testimony and claimed that he cut the victim’s throat while she was still alive.  Although the Court found that those reasons could be reason to vacate a death sentence, they found that Marquard was the more culpable of the two making his death sentence proportional.  He also claimed that he was denied a fair evidentiary hearing because the trial court did not allow hearsay evidence to be heard.  The Court found there to be harmless error in this argument. Marquard also contended that his counsel was ineffective, which the Court also denied.  The Court found Marquards’ arguments to be harmless and affirmed the denial of his 3.850 Motion on 11/21/02.

 

He also filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 07/28/00, which was later denied on 11/21/02.  The rehearing was denied on 07/15/03.  The mandate was issued on 08/14/03.

 

On 09/05/03, Marquard filed a Petition for Writ of Habeas Corpus to the United States District Court, Middle District.  An amended petition was filed on 10/21/03.  The petition was denied and dismissed with prejudice on 01/18/05.

 

On 02/11/05, Marquard filed a Habeas Appeal to the United States Court of Appeals.  On 11/10/05, the USCA affirmed the USDC’s denial of Marquard’s Petition for Writ of Habeas Corpus.  The rehearing was denied on 12/27/05.

 

On 03/20/06, Marquard filed a Petition for Writ of Certiorari to the United States Supreme Court, which was denied on 06/05/06.  

 

Marquard filed a 3.850 Motion for Post Conviction Relief in the Circuit Court on 09/12/07, which was denied on 01/03/08.

 

On 02/04/08, Marquard filed a 3.851 Appeal in the Florida Supreme Court, which was denied on 09/24/08.

 

Institutional Adjustments:

 

DATE             DAYS             VIOLATION                                     LOCATION       

--------              ----                   ----------------------------             ------------------- 

 05/24/93         0                      POSS OF UNAUTH BEV.                FLORIDA STATE PRISON

 06/30/93         0                      DISORDERLY CONDUCT             UNION C. I.         

 08/17/93         0                      DISOBEYING ORDER                    UNION C. I.         

 11/07/93         0                      POSS OF NARCOTICS                    UNION C. I.         

 11/12/93         0                      POSS OF CONTRABAND               UNION C. I.         

 12/07/93         0                      POSS OF CONTRABAND               UNION C. I.         

 06/11/97         0                      SEX ACTS                                         UNION C. I.         

 12/01/02         90                    SPOKEN THREATS                         UNION C. I.   

 04/04/05         60                    DISORDERLY CONDUCT             UNION C.I.

 06/01/05         30                    POSS OF CONTRABAND               UNION C.I.

 11/14/05         0                      FAILURE TO COMPLY                  UNION C.I.

     

________________________________________________________________________

 

Report Date:   07/18/02          NMP

Approved:       07/23/02          RM

Updated:         07/13/09          EMJ