Legal Opinion

Johnston v. State

Supreme Court of Florida

Decided January 21, 2010No. SC09-839PublishedCited by 67 opinions

1Per curiam

David Eugene Johnston, a prisoner under sentence of death, appeals the postcon-viction court’s order denying his fourth and fifth successive motions for postconviction relief, filed under Florida Rule of Criminal Procedure 3.851. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. For the reasons explained below, we affirm the postconviction court’s orders denying Johnston’s successive motions for postcon-viction relief.

FACTS AND PROCEDURAL HISTORY

On May 18, 1984, Johnston was convicted of the first-degree murder of Mary Hammond, which occurred on November 5, 1983, in Orange County, Florida.…

2Cases cited55 opinions

  1. Ring v. ArizonaSupreme Court of the United States · 2002
  2. Atkins v. VirginiaSupreme Court of the United States · 2002
  3. Illinois v. AllenSupreme Court of the United States · 1970
  4. Herrera v. CollinsSupreme Court of the United States · 1993
  5. Roper v. SimmonsSupreme Court of the United States · 2005

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3Cited by67 opinions

  1. Mays v. StateCourt of Criminal Appeals of Texas · 2010
  2. Mark James Asay v. State of Florida, SC16-102 Mark James Asay v. Julie L. Jones, etc. & SC16-628 Mark James Asay v. Julie L. Jones, etc.Supreme Court of Florida · 2016
  3. Malone v. StateCourt of Criminal Appeals of Oklahoma · 2013
  4. McCray v. StateSupreme Court of Florida · 2011
  5. Simmons v. StateSupreme Court of Florida · 2012

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