The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.
 

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Inmate

Last NameFirst NamePictureDC NumberAgencyCase Summary
JohnsonPaul 019513RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
6/27/2008FSC08-12133.850 Appeal
1/30/2009FSC08-1213Initial brief
4/29/2009FSC08-1213Answer
9/14/2009FSC08-1213Reply
10/28/2009FSC08-1213Oral Argument
10/28/2009FSC08-1213State Response
1/14/2010FSC08-1213Sentence Vacated and Remanded for New Penalty Phase
1/29/2010FSC08-1213State Motion for Rehearing
2/22/2010FSC08-1213Response
9/2/2010FSC08-1213State Motion for Rehearing Denied
10/19/2009USDC-M09-02065Petition for Habeas Corpus
12/18/2009USDC-M09-02065Petition Denied
4/27/2007CC81-1123.851 Motion
7/12/2007CC81-112Response
9/7/2007CC81-112Status Conference
12/4/2007CC81-112Evidentiary Hearing
4/9/2008CC81-112Motion denied
4/30/2008CC81-112Motion for rehearing
5/22/2008CC81-112Rehearing denied

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
BackhusTerri L.Tampa, FL13014 N. Dale Mabry Hwy., Ste. 74633618-2808813/269-7604Email

Cases

Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
BackhusCF81-0112A1-XXWadsworthAlachua PolkNorth-P7/9/20048/11/2004

Last Updated

2008-01-09 11:43:13.0


Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

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

 

JOHNSON, Paul B. (W/M)

DC#    019513

DOB: 07/08/49

 

Tenth Judicial Circuit, Polk County Case # 81-112

Fifth Judicial Circuit, Lake County Case # 81-733

Change of venue for second trial to Eighth Judicial Circuit,Alachua County

Case # 88-448 (cases were consolidated)

Sentencing Judge, Trial I: The Honorable Randall G. McDonald

Sentencing Judge, Trial II: The Honorable Wayne M. Carlisle(Retired)

Attorney, Trial I: Lawrence Shearer – Assistant PublicDefender

Attorneys, Trial II: Lawrence Shearer and Robert Norgard –Assistant Public Defenders

Attorney, First Direct Appeal: W.C. McClain – AssistantPublic Defender

Attorney, Second Direct Appeal: Douglas S. Connor –Assistant Public Defender

Attorney, Collateral Appeals: Terri Backhus – Registry

 

Date ofOffenses:                              01/09/81

Date ofSentence:                              09/22/81

Date of Sentence (secondtrial):         04/28/88

 

Circumstances of Offense:

 

Paul Johnson and his wife visited their friends, Shayne andRicky Carter, on the evening of January 8, 1981.  While at their friendshouse, they all smoked marijuana and took injections of crystalmethedrine.  At trial, Ricky stated that he heard Johnson say he was goingto obtain more drugs and that he would possibly steal something or robsomeone.  Shayne also testified that Johnson stated he was going to obtainmore drug money and that “if he had to shoot someone, he would have to shootsomeone.” 

 

Taxicab driver William Evans picked up a fare in Polk Countyon the night of January 8, 1981.  The cab dispatcher heard a stranger’svoice over the cab’s radio several times after midnight stating that Evans hadbeen knocked out.  That was the last communication that the dispatcher hadwith the cab, which was found five days later in a citrus grove located about amile from where Evans’ body was found.  Evans had been shot twice in thehead and both his fare money and wallet were missing.  The cab had beenset on fire. 

 

At approximately 3:00 a.m. on January 9, 1981, Amy Reid andDarrell Beasley left a restaurant in Lakeland. A man who said that his carwould not start approached them in the parking lot.  The man alsorequested a ride to a friend’s house.  Reid and Beasley complied and droveoff with the stranger.  The stranger asked Beasley to stop the car in aremote area so he could relieve himself.  When the stranger returned tothe car, he asked Beasley to walk to the back of the car with him.  WhenReid looked through the rear-view window, she saw the stranger pointing a gunat Beasley.  Reid locked the doors in the car and drove to a conveniencestore several miles away where she called the Polk County Sheriff’sOffice. 

 

Deputy Allison and Deputy Darrington were the officers whoanswered Reid’s call.  After the deputies picked Reid up, she directedthem to the location where she left Beasley and the stranger.  Concurrently,another deputy, Theron Burnham, reported to dispatch that he had spotted asuspect on the road that Reid last saw Beasley.  When Deputies Allison andDarrington arrived at Burnham’s location, they parked their car so that itfaced Burnham’s patrol car.  Burnham’s car had been left running with thelights on, but they did not see Burnham.  A white male came out from adrainage ditch on one side of the road and quickly passed in between the patrolcars.  He fired two shots at Deputies Allison and Darrington and fledacross an open field.  The deputies discovered Burnham’s body, which hadbeen shot three times, in the drainage ditch and his service revolver wasmissing.  Beasley’s body was found later that day with one gunshot woundto the head.  His wallet was missing.   

 

On the following afternoon, Johnson’s wife and the Carterssaw a police sketch of the suspect in the newspaper and talked about whether itresembled Johnson.  Johnson later telephoned his wife at the Carters’home, and she was visibly upset when she hung up the phone.  Ricky spoketo Johnson and asked him if he was responsible for the killing that thenewspaper talked about and Johnson replied, “if that’s what it says.” Ricky and Johnson’s wife went to get Johnson.  Johnson changed into a newshirt before throwing his old shirt, which had been described in the newspaper,out the window.  Upon returning to the Carter residence, Johnson relayedthat he struck the officer with his gun when the officer told him to put his handson the patrol car.  A struggle ensued and Johnson shot the deputy threetimes. 

 

Paul Johnson was arrested for the murders of Beasley andBurnham on January 10, 1981.  Johnson was charged the following week withtaxi cabdriver Evans’ murder.  Reid, Allison, and Darrington identifiedJohnson.  Additionally, Johnson’s fingerprints were discovered in thetaxicab.

 
Trial I Summary:

 

01/23/81         Defendant was indicted for the following:

                                   Count I:          First-Degree Murder

                                   Count II:         First-Degree Murder

                                   Count III:        First-Degree Murder

                                   Count IV:        Robbery

                                   Count V:         Kidnapping

                                   Count VI:        Arson

                                   Count VII:      Robbery

                                   Count VIII:     Attempted First-Degree Murder

                                   Count IX:        Attempted First-DegreeMurder

01/30/81         Defendant pled not guilty.

09/22/81         Defendant found guilty on all counts.

09/22/81         Jury recommended death by a majority on all three counts.

09/23/81         Defendant sentenced as follows:

CountI:           First-DegreeMurder – Death

                                   Count II:         First-Degree Murder –Death

                                   Count III:        First-Degree Murder –Death

                                   Count IV:        Robbery – Life sentence

                                   Count V:         Kidnapping – 15 years

                                   Count VI:        Arson – 15 years

                                   Count VII:      Robbery – Life sentence

                                   Count VIII:     Attempted First-Degree Murder – 30 years

                                   Count IX:        Attempted First-DegreeMurder – 30 years

 

**Polk County Case # 81-112 was transferred to Lake Countyin order for the case to be tried in consolidation with Lake County Case #81-733

 

Trial II Summary:

 

04/22/88         Defendant found guilty on all counts (Case # 88-488 CFA)

04/26/88         Jury recommended death by a vote of:

                                   Count I:           8-4

                                   Count II:         9-3

                                   Count III:        9-3

04/28/88         Defendant sentenced as follows:

CountI:           First-DegreeMurder – Death

                                   Count II:         First-Degree Murder –Death

                                   Count III:        First-Degree Murder –Death

                                   Count IV:        Robbery – Life sentence

                                   Count V:         Kidnapping – 15 years

                                   Count VI:        Arson – 15 years

                                   Count VII:      Robbery – Life sentence

                                  Count VIII:     Attempted First-Degree Murder – 30 years

                                   Count IX:        Attempted First-DegreeMurder – 30 years

 

**Polk County Case # 81-112 and Lake County Case # 81-733 wereconsolidated and changed into Alachua County Case # 88-488 CFA for a change ofvenue

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC#61,341

438 So. 2d 774

 

10/29/81         Appeal filed.

08/25/83         Conviction and sentence affirmed.

10/26/83         Rehearing denied.

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC#83-5924

465 U.S. 1051

 

12/15/83         Petition filed.

02/21/84         Petition denied.

 

Florida Supreme Court – Petition for Habeas Corpus

FSC#68,319

498 So. 2d 938

 

02/17/86         Petition filed.

12/11/86         Petition granted and case remanded for a new trial.

01/09/87         Rehearing denied.

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC#86-1398

481 U.S. 1016

 

02/26/87         Petition filed.

04/20/87         Petition denied.

 

Florida Supreme Court – Direct Appeal (from secondtrial)

FSC#72,694

608 So. 2d 4

 

07/11/88         Appeal filed.

10/01/92         Conviction and sentence affirmed.

12/14/92         Rehearing denied.

01/13/93         Mandate issued.

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC#92-8005

508 U.S. 919

 

03/12/93         Petition filed.

05/17/93         Petition denied.

 

Circuit Court, 3.850 Motion

CC#81-112

 

08/01/94         Motion filed.

12/12/94         Motion denied.

 

Florida Supreme Court, 3.850 Appeal

FSC#85,095

661 So. 2d 824

 

02/02/95         Appeal filed.

08/29/95         Appeal dismissed.

 

Circuit Court, 3.850 Motion

CC#81-112

 

05/17/95         Amended Motion filed.

03/20/97         Motion denied.

 

Florida Supreme Court, 3.850 Appeal

FSC#90,743

769 So. 2d 990

 

06/09/97         Appeal filed.

07/13/00         FSC affirmed the circuit court’s denial of the 3.850 Motion.

 

Florida Supreme Court, Petition for Writ of HabeasCorpus

FSC#01-2182

837 So.2d 343

 

10/10/01         Petition filed.

09/26/02         Petition denied.

 

Circuit Court – 3.851 Motion

CC#81-112

 

02/07/03         Motion filed.

03/11/05         CC denied Motion.

 

Florida Supreme Court – 3.851 Motion Appeal

FSC# 05-701

933 So.2d 1153

 

04/20/05         Appeal filed

03/17/06         FSC affirmed the denial of the motion

06/13/06         Rehearing denied

 

Circuit Court—3.851 Motion

CC#81-112

 

04/27/07         Motion filed.

04/09/08         Motion denied.

 

Florida Supreme Court – 3.851 Motion Appeal

FSC#08-1213

 

06/27/08         Appeal filed

01/14/10          Appeal Granted.  Sentenced Vacated and Remandedfor a New Penalty Phase

01/29/10          Motion for Rehearing filed by State

 

 

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

USDC#09-02065

 

10/19/09         Petition Filed

12/18/09         Petition Denied

 

 

Death Warrant Information:

 

01/16/86         Warrant signed (Bob Graham).

02/17/86         Stay granted (FSC).

10/07/09         Warrant signed (Charlie Crist).

 

Clemency Hearing:

 

11/20/85         Hearing held (denied).

 

Factors Contributing to the Delay in Imposition ofSentence:

 

The two trials and the large number of appeals havecontributed to the delay.

 

Case Information:

 

A Direct Appeal was filed with the Florida Supreme Court on10/29/81.  Issues that were raised on appeal included whether the policeemployed an unnecessarily suggestive procedure in obtaining an out-of-courtidentification and whether the trial court erred in allowing the chargesarising from the cab driver’s death to be grouped with the other counts of theindictment.  The FSC found these claims either harmless or without meritand affirmed the sentences and convictions of Death on 08/25/83. 

 

A Petition for a Writ of Certiorari was filed with theUnited States Supreme Court on 12/15/83 and denied on 02/21/84.

 

A Petition for a Writ of Habeas Corpus was filed with theFSC on 02/17/86.  The Petition was granted based on a claim of ineffectivecounsel and was remanded to the circuit court for a new trial on12/11/86. 

 

A Petition for a Writ of Certiorari was filed with the USSCon 02/26/87 and denied on 04/20/87.

 

A second Direct Appeal was filed with the FSC on07/11/88.  Issues that were raised on appeal included whether the trialcourt erred in granting the State’s challenge for cause of two particularjurors and whether the trial court erred in denying Johnson’s motion tosuppress the testimony of James Leon Smith, a fellow inmate.  The FSCfound all of the claims either harmless or without merit and confirmed theconvictions and sentences of Death. 

 

A Petition for a Writ of Certiorari was filed with the USSCon 03/12/93 and denied on 05/17/93.

 

A 3.850 Motion was filed with the state circuit court on08/01/94 and denied on 12/12/94. 

 

A 3.850 Appeal was filed with the FSC on 02/02/95 and thestate’s motion to dismiss was granted on 08/29/95.  The FSC directed thetrial court to reinstate the amended 3.850 Motion filed on 05/17/95 and proceedwith the hearing. 

 

The amended 3.850 Motion was denied on 03/20/97. 

 

A 3.850 Appeal was filed on 06/09/97.  Issues that wereraised on appeal included whether the trial court erred in denying Johnson anevidentiary hearing or additional discovery concerning his public recordsrequest, and whether the trial court erred in denying Johnson’s motion todisqualify the presiding judge.  The FSC found all of the claims eitherharmless or without merit and affirmed the circuit court’s denial of the3.850. 

 

A Petition for a Writ of Habeas Corpus was filed with theFSC on 10/10/01. Issues that were raised included whether appellate counsel wasineffective.  The FSC found all of the claims either without merit or procedurallybarred and denied the petition on 09/26/02.  

 

A 3.851 Motion was filed with the state circuit court on02/07/03 and was denied on 03/11/05.    

 

A 3.851 Motion Appeal was filed with the Florida SupremeCourt on 04/20/05, and on 03/17/06, the FSC affirmed the denial of the motion.

 

On 04/27/07, a 3.851 Motion was filed in the state circuitcourt that was denied 04/09/08.

 

Johnson filed a 3.851 Appeal with the Florida Supreme Courton 06/27/08.  On 01/14/10 the FSC reversed the postconviction court’s orderdenying Johnson’s rule 3.851 Motion.  The FSC vacated Johnson’s death sentencesand remanded for a new penalty phase proceeding before a newly empanelled jury. On 01/29/10 the State filed a Motion for a Rehearing. 

 

A Petition for a Writ of Habeas Corpus was filed on 10/19/09that was denied on 12/18/09.

 

 ____________________________________________________________________

 

 

Report Date:  09/17/02          cc

Approved:      10/05/02          ws

Updated:         02/03/10         CAR