Marshall v. State

976 So. 2d 1071, 2007 WL 4258618
CourtSupreme Court of Florida
DecidedDecember 6, 2007
DocketSC05-2379
StatusPublished
Cited by12 cases

This text of 976 So. 2d 1071 (Marshall v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marshall v. State, 976 So. 2d 1071, 2007 WL 4258618 (Fla. 2007).

Opinion

976 So.2d 1071 (2007)

Matthew MARSHALL, Appellant,
v.
STATE of Florida, Appellee.

No. SC05-2379.

Supreme Court of Florida.

December 6, 2007.
Rehearing Denied February 29, 2008.

*1073 Neal A. Dupree, Capital Collateral Regional Counsel, and Melissa Minsk Donoho, Special Assistant CCR Counsel, Southern Region, Fort Lauderdale, FL, for Appellant.

Bill McCollum, Attorney General, Tallahassee, Florida, and Lisa-Marie Lerner, Assistant Attorney General, West Palm Beach, FL, for Appellee.

PER CURIAM.

Matthew Marshall, a prisoner under sentence of death, appeals the trial court's denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons set forth below, we affirm the trial court's denial of postconviction relief.

PROCEEDINGS TO DATE

Marshall was convicted and sentenced to death for the 1988 murder of Jeffrey Henry. Marshall v. State, 604 So.2d 799, 801-02 (Fla.1992) (Marshall I). After the penalty-phase proceedings were concluded, the jury recommended that Marshall receive a life sentence. Id. at 802. However, the trial judge imposed a sentence of death. Id. The facts of the case are set forth in our opinion in Marshall's direct appeal of his conviction and sentence. See id. On direct appeal, we affirmed the first-degree murder conviction and the death sentence imposed by the trial judge over the jury's recommendation. Id. at 801.

Subsequently, Marshall filed a postconviction motion raising twenty-seven claims. See Marshall v. State, 854 So.2d 1235, 1238 & n. 2 (Fla.2003) (Marshall II). The trial court held an evidentiary hearing on four of the claims but summarily denied others. Id. at 1239. On appeal, we affirmed the trial court's denial of postconviction relief on all but one issue: Marshall's claim of juror misconduct. Id. at 1253. In this claim, Marshall alleged that racial remarks and jokes as well as the jury's consideration of nonrecord materials deprived him of a fair and impartial trial. Id. at 1239. He attached three sworn affidavits to his postconviction motion in support of his claim. Id. Two of the affidavits were from jurors in his trial, and the other was from an attorney, Ronald Smith. Id. We concluded that the juror affidavits "discussed matters pertaining to the jury's deliberations." Id. More specifically, however, Smith's affidavit stated that he received a telephone call from a woman who claimed that she had served on the jury in Marshall's case in which she told him:

(1) some jurors decided Marshall was guilty before the trial was over; (2) some jurors told racial jokes about Marshall; (3) some jurors announced during the guilt phase that they were going to vote for a guilty verdict and life sentence because they wanted Marshall to return to prison to kill more black inmates; and (4) some jurors, despite the trial judge's orders forbidding it, read and discussed articles concerning the trial.

*1074 Id. Smith was unable to recall the name of or otherwise identify the woman who called his office. Id.[1]

On appeal, we held that the trial court erred in summarily denying Marshall's juror misconduct claim. Id. at 1244. We found that the alleged juror misconduct discussed in Smith's affidavit required further proceedings. See id.[2] We further observed that "it appears that evidence could be submitted that could identify the purported juror who contacted Mr. Smith to ascertain whether such misconduct took place." Id. at 1242. We remanded for an evidentiary hearing on the claim, but with limiting instructions:

The scope of the hearing on remand is limited to attempting to obtain the identity of the female juror who spoke to Mr. Smith, to interview that juror, and then to conduct further interviews only if the court determines that there is a reasonable probability of juror misconduct. Moreover, the trial court may wish to conduct most or all of the questioning of the jurors, thereby ensuring that unnecessarily intrusive questions will not be asked of the jurors and to prevent questioning on matters that inhere in the verdict. Cf. People v. Hedgecock, 51 Cal.3d 395, 272 Cal.Rptr. 803, 795 P.2d 1260, 1274 (1990) (discussing steps trial court can take to avoid a chilling effect on jury deliberations when holding evidentiary hearing on juror misconduct claim).

Marshall II, 854 So.2d at 1253.

After remand for an evidentiary hearing, the circuit court directed counsel to investigate the whereabouts of the jurors. The court further decided to question all of the jurors who could be located and not just the female ones. It was discovered that two of the jurors were deceased, leaving ten jurors to be questioned. Subsequently, at an initial hearing on March 24, 2004, the circuit court first questioned six of the surviving jurors who were subpoenaed to appear. The court advised each of the jurors that neither the individual juror nor any of the other jurors was in trouble. The court then asked each juror if he or she was a juror in Marshall's case. Each of the six jurors responded affirmatively. The court then asked each juror:

Are you the juror who phoned attorney Ronald B. Smith, who is a lawyer in Stuart, and said basically two things. First, that you were related to one of Mr. Smith's clients and also that you were a juror in the case and that you observed other jurors doing things that were improper including making racial jokes and also failing to follow the judge's instructions that the jurors should not come into any contact with news media coverage during the trial?

Each of the six jurors responded in the negative. The court also asked each juror if he or she knew who the person was that called Smith. Each again responded in the negative. After all six of the jurors were questioned individually, the court dismissed the jurors with agreement by the State and Marshall.

Subsequently, and before the next scheduled hearing on the issue, Marshall *1075 filed an emergency motion seeking to add a witness to the list of those to be questioned at the hearing. The motion alleged that during the attempt to locate the remaining witnesses, an investigator found the ex-wife of one of the surviving jurors, and requested that the court permit the ex-wife to testify. Attached to the motion was a sworn affidavit from Debra Thomason stating that her former husband, juror Coy Thomason, had discussed the case with her and others, even though he knew he was not supposed to talk about the case; he followed the case in the newspapers and carried newspaper articles about the case in his briefcase; and he "made it clear" to Debra Thomason and others that he thought that Marshall was "guilty from the getgo," because of Marshall's status as a prison inmate. The affidavit also alleged that Debra Thomason had read an article in the newspaper about the possibility of jurors going back to court regarding the issue of juror misconduct in the case and that the reference to "[t]he racial jokes and the sharing of information from newspaper articles brought my ex husband's face immediately to mind."

On May 19, 2004, the circuit court held a hearing to interview the remaining jurors from the case. The court again advised each juror that the juror was not in trouble.

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976 So. 2d 1071, 2007 WL 4258618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marshall-v-state-fla-2007.