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. 

 

Hoskins, Johnny (Johnnie) (B/M)

AKA Jamil Alle

DC#     962032

DOB: 10/31/1963

 

­­­Eighth Judicial Circuit, Brevard County Case #92-017795

Sentencing Judge: The Honorable Harry Stein

Sentencing Judge (at resentencing): The Honorable Jere Lober

Attorney, Trial: Ernie Chang, Assistant Public Defender

Attorney, Direct Appeal: James Gibson, Public Defender and James Wulchack, Assistant Public Defender

Attorney, Direct Appeal (after resentencing): James Purdy, Public Defender and Christopher Quarles, Assistant Public Defender

Attorney, Collateral Appeals:  Carol C. Rodgriguez − CCRC-M

 

Date of Offense:       10/17/1992

Date of Sentence:     11/04/1994

Date of Resentence: 11/20/2004

 

Circumstances of Offense:

 

On October 18, 1992, police were summoned to the residence of Dorothy Berger.  Neighbors had noticed that her door was open and her television and air conditioner were on, but she was not home.  Although, there were no signs of forced entry, several items were out of place, and a shoe impression was visible in the dust on the floor.  Berger’s car was also gone.  The previous evening, a witness had seen Berger’s neighbor, Johnnie Hoskins, driving a car similar to Berger’s.

 

The same day police were called to Berger’s house in Brevard County, Hoskins arrived at his parent’s home in Georgia and asked to borrow a shovel.  He returned to his parent’s house about 20 minutes later.  Hoskins was stopped in Georgia on October 19, 1992, for a traffic violation; the car was later determined to be the victim’s.  Along with blood, police found vegetation in the trunk that was later used to discover the victim’s body in a grave.  Her hands were tied behind her back and her mouth was gagged.

 

Postmortem examinations indicated the victim was raped, and DNA evidence found in semen on the victim and the victim’s bed could have come from Hoskins.  Berger received several blows to the head and numerous bodily injuries, but her death was caused by strangulation.    

 

Prior Incarceration History in the State of Florida:

 

 

Offense Date

Offense

Sentence Date

County

Case No.

Prison Sentence Length

10/17/1992

1ST DG MUR/PREMED. OR ATT.

11/04/1994

BREVARD

9217795

DEATH SENTENCE

10/17/1992

BURGLARY ASSAULT ANY PERSON

11/04/1994

BREVARD

9217795

SENTENCED TO LIFE

10/17/1992

SEX BAT/ WPN. OR FORCE

11/04/1994

BREVARD

9217795

SENTENCED TO LIFE

10/17/1992

KIDNAP;COMM.OR FAC.FELONY

11/04/1994

BREVARD

9217795

SENTENCED TO LIFE

10/17/1994

ROBB. NO GUN/DDLY.WPN

11/04/1994

BREVARD

9217795

15Y 0M 0D

 

 

Trial Summary:

 

11/10/1992      Indicted as follows:

                                    Count I:            Robbery without a firearm

                                    Count II:           First -Degree murder

                                    Count III:         Sexual Battery with a deadly weapon

                                    Count IV:         Burglary

                                    Count V:          Kidnapping

03/21/94          Jury returned guilty verdicts on all counts of the indictment

11/04/94          Jury recommended death by a vote of 12-0

11/04/94          Sentenced as follows:

                                    Count I:            Robbery without a firearm – Life imprisonment

                                    Count II:           First-Degree murder - Death

                                    Count III:         Sexual Battery with a deadly weapon – Life imprisonment

                                    Count IV:         Burglary – Life imprisonment

                                    Count V:          Kidnapping – 15 years

 

05/11/99          Convictions affirmed by FSC, death sentence vacated and remanded for new

penalty phase

11/01/04          Jury recommended death by a vote of 11-1 (Resentencing)

11/12/04          Resentenced to death.

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 60-84737

702 So.2d 202

 

11/21/94          Appeal filed.

10/06/97          Remanded for PET scan.

05/13/99          Convictions were affirmed, but death sentence was vacated and remanded for a new penalty phase.

06/21/99          Rehearing denied

07/21/99          Mandate issued.

 

Circuit Court – Resentencing

CC#92-017795

 

07/02/99          Case reopened.

11/01/04          Jury recommended death by a vote of 11-1 (Resentencing)

11/12/04          Resentenced to death.

 

Florida Supreme Court – Direct Appeal (Resentence)

FSC # 05-28

965 So.2d 1

 

01/03/05          Appeal filed.

04/19/07          Convictions and sentence affirmed.

08/08/07          Rehearing denied.

08/24/07          Mandate issued.

 

United States Supreme Court- Writ of Certiorari

USSC# 07-7696

128 U.S. 1112

 

11/06/07          Petition filed.

01/14/08          Petition denied.

 

Circuit Court – 3.850 Motion

CC#92-017795

 

01/09/09          Motion filed.

01/14/10          Motion denied.

 

Florida Supreme Court – 3.850 Appeal

FSC #10-450

(Pending)

 

03/11/10          Appeal filed.

 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

The first direct appeal was remanded for a PET-Scan and medical evaluation of Hoskins.  The FSC directed the Circuit Court to hold a new penalty phase.  The second penalty phase took four years to conclude.  Upon resentencing, Hoskins received a second death sentence, which was again appealed to the Florida Supreme Court.

 

Case Information:

 

Hoskins was sentenced to death on 11/04/94, and filed a Direct Appeal with the Florida Supreme Court on 11/21/94.  In this initial Direct Appeal, Hoskins raised the following issues:  (1) excusal from jury service were improperly granted, (2) the trial judge improperly barred neurological testing (3) the death penalty was improperly imposed, and (4) Florida’s death penalty statute is unconstitutional.  Upon review, the FSC affirmed Hoskins’ convictions but remanded to the State Circuit Court for a PET Scan and new penalty phase.  A rehearing was denied on 06/21/99 and the mandate issued on 07/21/99.

 

On 07/02/99, the resentencing phase began in the State Circuit Court.  The jury recommended death by a vote of 11-1 on 11/01/04.  The sentencing judge followed the jury’s recommendation and resentenced Hoskins to death on 11/12/04.

 

At the new penalty phase, Hoskins was again sentenced to death.  He filed a second Direct Appeal to the Florida Supreme Court on 01/03/05.  Issues raised in this Direct Appeal included: (1) overruling defense’s objection to State’s use of preemptory challenges of African American juror, (2) Hoskins’ limited examination during voir dire concerning juror’s ability to “gory photographs”, (3) trial court failed to give the requested limiting instructions on victim impact statements, (4) trial court’s denied Hoskins’ requested jury instruction, (5) the trial court improperly weighed mitigating and aggravating circumstances, and  (6) Florida’s death penalty sentencing process is unconstitutional.  The convictions and sentences were affirmed on 04/19/07.  A rehearing was denied on 08/08/07 and the mandate was issued on 08/24/07.

 

On 11/06/07, Hoskins filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 01/14/08.

 

On 01/09/09, Hoskins filed a 3.850 Motion in the Circuit Court. This motion was denied on 01/14/10.

 

On 03/11/10, Hoskins filed a 3.850 Appeal in the Florida Supreme Court.  This appeal is pending.

 

 

________________________________________________________________________

 

Report Date:     09/11/07          MCL

Approved:        09/25/07          BK/RM

Updated:          03/16/10          CAR