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Thread: Marvin Burnett Jones - Florida

  1. #1
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    Marvin Burnett Jones - Florida




    Facts of the Crime:

    Marvin Jones bought a used car from San Pablo Motors’ owner, Ezra Harold Stow, in Jacksonville. Jones returned the vehicle the following month due to a “blown engine.” Jones and Stow established an agreement to rebuild the engine at a cost of $1,500. Jones was to pay Stow $800 up front and finance the remainder of the balance. After the repairs were done, Stow requested the $800, but instead Jones wrote Stow a check for $4,200, which was the remaining amount owed for the car and the cost of the repairs. Jones then left in the repaired vehicle. Jones wrote the check with the knowledge that he had bounced six other checks and only carried a balance of $5 in his checking account. The bank notified Stow that the check bounced. Stow asked his 22-year-old daughter, Monique Stow, to call Jones about the bounced check.

    Jones said that he would return to San Pablo Motors on March 3, 1992, to give Stow the money. Jones arrived at the dealership at approximately 6:00 p.m. and entered the trailer where Stow’s office was located. Jones said that he had to get something from his car and returned with a .25 caliber pistol. Jones shot Monique while she was washing her hands in the restroom. She was shot between the eyes and behind her left ear. Upon hearing the shots, Stow reached for his gun. Jones hurried into Stow’s office and aimed his gun towards Stow’s face. As Jones fired the gun, Stow threw up his arm. The bullet went through his arm and nicked his head. Stow collapsed behind his desk because he went unconscious momentarily. Jones went around the desk and shot Stow a second time in the face. The bullet entered his cheek, broke his jaw and was embedded in his neck. Jones left, taking with him the papers for the car that were on Stow’s desk.

    Due to his injuries, Stow was incapable of speaking, yet prior to being taken to the hospital, he communicated through writing and gesturing that Jones was the perpetrator. Stow survived, but his daughter, Monique, died late in the night. Jones testified at trial that Stow agreed to hold the $4,200 check until he deposited the money in his account. Jones said that on March 3, he gave Stow $4,200 in cash, but Stow became angry and requested another $2,000. Jones said that when Stow reached for his gun, he shot Stow in self-defense. Jones got ill at the sight of Stow and went to the restroom. Jones stated that when he heard a noise in the bathroom, he was startled and shot Monique reflexively.

    Jones was sentenced to death in Duval County on May 31, 1994.

  2. #2
    Senior Member CnCP Legend JLR's Avatar
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    Factors Contributing to the Delay in Imposition of Sentence:

    No new court events since 12/20/2007.

    The 3.850 Motion was pending in the circuit court for five years.

    Case Information:

    The Direct Appeal was filed with the Florida Supreme Court on 07/14/94. Issues that were raised included whether the trial court erred in finding that the murder was committed for pecuniary gain and whether the trial court erred in giving the standard jury instruction to define cold, calculated, and premeditated aggravating circumstance. The Florida Supreme Court found all of the issues either harmless or without error and affirmed the conviction and sentence of Death on 12/26/96.

    A Petition for a Writ of Certiorari was filed with the United States Supreme Court on 06/23/97 and denied on 10/06/97.

    A 3.850 Motion was filed with the state circuit court on 09/17/98 and was denied on 01/23/04.

    A 3.850 Motion Appeal was filed with the Florida Supreme Court on 02/25/04, citing the following issues: ineffective assistance of counsel, denying a request to interview jurors, and loss of trial counsel’s files in a fire. On 04/13/06, the FSC affirmed the denial of the motion.

  3. #3
    Administrator Helen's Avatar
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    Florida Supreme Court rejects 10 Death Row appeals, including in Duval and Clay

    By News Service of Florida
    The Florida Times-Union

    The Florida Supreme Court on Monday rejected appeals by 10 Death Row inmates, including three in Duval County and one in Clay County.

    The Supreme Court’s release of 10 nearly identical rulings at the same time was a somewhat-unusual move. But each of the cases involved inmates challenging their death sentences because juries did not unanimously recommend execution.

    The appeals were rooted in a 2016 U.S. Supreme Court ruling in a case known as Hurst v. Florida and a subsequent Florida Supreme Court decision. The 2016 ruling found Florida’s death-penalty sentencing system was unconstitutional because it gave too much authority to judges, instead of juries. The subsequent Florida Supreme Court ruling said juries must unanimously agree on critical findings before judges can impose death sentences and must unanimously recommend the death penalty.

    But the Florida Supreme Court made the new sentencing requirements apply to cases since 2002. That is when the U.S. Supreme Court issued a ruling known as Ring v. Arizona that was a premise for striking down Florida’s death-penalty sentencing system in 2016.

    In each of the cases Monday, the Death Row inmates had been sentenced to death before the Ring decision and argued that the jury-unanimity requirements should also apply to their cases.

    The Jacksonville cases were Marvin Burnett Jones, Pressley Bernard Alston and Jason Demetrius Stephens. In Clay County, Donald Bradley’s appeal was denied.

    The others were Eric Scott Branch in Escambia County, Kayle Barrington Bates in Bay County, Daniel Jon Peterka in Okaloosa County, Harry Franklin Phillips in Miami-Dade County, Ernest D. Suggs in Walton County and Frank A. Walls in Okaloosa County.

    http://jacksonville.com/news/public-...ding-duval-and
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
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    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
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  4. #4
    Administrator Moh's Avatar
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    On January 26, 2018, Jones filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/fl...cv00168/346195

  5. #5
    Administrator Heidi's Avatar
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    In today's United States Supreme Court orders, Jones' petition for a writ of certiorari was DENIED.

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC17-497)
    Decision Date: January 22, 2018

    https://www.supremecourt.gov/search....c/17-8652.html
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    Senior Member CnCP Legend Mike's Avatar
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    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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