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Thread: John Loveman Reese - Florida Death Row

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    John Loveman Reese - Florida Death Row




    Facts of the Crime:

    John Loveman Reese was convicted and sentenced to death for the murder of Sharlene Austin. Reese knew Austin through his sometimes girlfriend, Jackie Grier, who had a close friendship with Austin. Reese had previously expressed dislike and jealousy of Austin based on her close friendship with Grier. On January 28, 1992, Sharlene Austin was found raped and murdered in her bedroom. Grier and a neighbor were concerned about not being able to get in touch with Austin and went to her home. They entered through an unlocked door and found Austin in the bedroom covered with a sheet. The police found a print of Reese’s hand on the waterbed in Austin’s bedroom.

    Reese confessed to the crime when the police questioned him. He said that he broke into Austin’s home and waited for her to come home. Four hours later, when Austin did arrive home, Reese hid in the closet because he said that he was scared. He came out of the closet when Austin fell asleep on the couch. According to Reese, he panicked because Austin started moving. He then dragged Austin into the bedroom, raped her, and then used an electrical cord to strangle her.

    Reese was re-sentenced to death in Duval County for the third time on June 16, 2000.

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    Senior Member CnCP Legend JLR's Avatar
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    Factors Contributing to the Delay in Execution of Sentence:

    The delay in execution was related to the Florida Supreme Court remanding the case to the trial court for a revised sentencing order on the first Direct Appeal. There, however, was confusion in the sentencing directions. The case was remanded a second time to the trial court with new directions for revising the sentencing order.

    Case Information:

    On 07/23/93, Reese raised several issues during his first Direct Appeal. Three issues were raised about the guilt portion of the trial. The first issue was that there was a Richardson violation, a violation of discovery rules, when defense counsel was not provided with a witness’s statement by the state. The second issue was that defense’s cross-examination of Grier should not have been limited. The final issue referring to the guilt phase of the trial was that Reese should have been allowed to testify on redirect examination about his offer to plead. The Florida Supreme Court did not find an error upon which to base a reversal within the guilt portion of the trial.

    Reese raised several issues referring to the penalty portion of the trial. The first issue was that there was an error in the jury instructions and the finding of the homicide being cold, calculated, and premeditated. The next issue was that there was an error made in not properly handling unrebutted mitigation. The third issue was that the sentence was not proportionate to the crime committed. The fourth issue was that the closing argument made by the state was misleading. The final issue raised was that the jury instructions were not constitutional. On 03/20/97, the Florida Supreme Court affirmed the conviction, but remanded the case to the trial court for a new sentencing order. On 07/16/97, Reese was sentenced to death.

    On 09/18/97, Reese filed a second Direct Appeal in the Florida Supreme Court. Reese raised several issues during his second Direct Appeal. One issue was that the court erred in not accepting the mitigating factors presented by Reese. Another issue was that cold, calculated, and premeditated aggravators should not have been found and the jury instructions were unconstitutional. A final issue was that the sentence of capital punishment was not proportionate with the crime committed. The Florida Supreme Court did not find these issues to warrant a reversal of the conviction or sentence.

    The Florida Supreme Court, however, found that there had been confusion regarding their instructions involving the remand of the case to the trial court for a new sentencing order. On 02/18/99, the Florida Supreme Court clarified their instructions and remanded the case to the trial court for a revised sentencing order. On 06/16/00, the Duval County Circuit Court sentenced John Reese to death. On 08/17/00, The Florida Supreme Court affirmed the sentence.

    Reese filed a Petition for Writ of Certiorari in the United States Supreme Court on 01/08/01. The petition was denied on 03/09/01.

    Reese filed a 3.850 Motion in the Duval County Circuit Court on 09/27/01. The petition was dismissed on 02/26/02. Reese filed Amended 3.850 Motions on 04/01/02 and 03/03/04. The Order denying the motion was issued on 06/28/07.

    On 07/13/07, Reese filed a 3.850 Appeal in the Florida Supreme Court. Oral Arguments were held on 12/04/08. On 03/26/09, the Florida Supreme Court affirmed the conviction and sentence of death. A mandate was issued on 07/22/09.

    On 11/20/09, Reese filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District. This case is currently pending.

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    JOHN LOVEMAN REESE v SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, ATTORNEY GENERAL, STATE OF FLORIDA

    Docket: 11-12178 11th Circuit Court of Appeals

    Petitioner, a Florida prisoner sentenced to death for the murder and sexual battery of the victim, appealed the denial of his petition for a writ of habeas corpus. Petitioner contended that, during the sentencing phase of his trial, the lead prosecutor made several improper arguments that persuaded the jury to recommend a death sentence. The Supreme Court of Florida concluded that none of the prosecutor's arguments rose to the level of misconduct that would violate petitioner's constitutional right to due process. Because no decision of the United States Supreme Court clearly established otherwise, the court could not say that the Supreme Court of Florida unreasonably applied federal law. Moreover, even under a de novo review, none of the prosecutor's comments were improper. Accordingly, the court affirmed the judgment.
    An uninformed opponent is a dangerous opponent.

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    In today's United States Supreme Court orders, Reese's petition for a writ of certiorari was DENIED.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  5. #5
    Administrator Moh's Avatar
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    In today's orders, the US Supreme Court DENIED Reese's certiorari petition.

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC18-815)
    Decision Date: January 4, 2019

    https://www.supremecourt.gov/search....c/18-9267.html

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