Marvin Cannon v. State of Florida

180 So. 3d 1023, 40 Fla. L. Weekly Supp. 509, 2015 Fla. LEXIS 2033, 2015 WL 5601524
CourtSupreme Court of Florida
DecidedSeptember 24, 2015
DocketSC13-46
StatusPublished
Cited by16 cases

This text of 180 So. 3d 1023 (Marvin Cannon v. State of Florida) 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
Marvin Cannon v. State of Florida, 180 So. 3d 1023, 40 Fla. L. Weekly Supp. 509, 2015 Fla. LEXIS 2033, 2015 WL 5601524 (Fla. 2015).

Opinions

PER CURIAM.

This case is before the Court on appeal from a judgment of conviction of first-degree murder and a sentence of death. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons stated below, we affirm the convictions and sentences, including the sentence of death.

FACTS AND PROCEDURAL HISTORY

Sean Neel and Zechariah1 Morgan were coworkers at Florida State Hospital and had been friends for over twenty years. In the fall of 2010, Mr. Morgan and Mr. Neel became involved in the purchase of corn, known as “deer corn,” from the defendant, Marvin Cannon. On December 24, 2010, Mr. Morgan and Mr. Neel drove to a convenience store to pick up Cannon. Mr. Neel understood the purpose of this trip to be the completion of a corn purchase. While waiting at the store, the two men noticed two people walking down the street toward them. Mr. Neel had never met or spoken with Cannon, but was familiar with Cannon’s father. Because of Can[1028]*1028non’s resemblance to his father, Mr. Neel recognized Cannon as one of the two men walking toward the truck, but did not recognize the other man. Mr. Neel would later discover that the second man’s name was Anton2 McMillian. Cannon and McMillian walked to Mr. Morgan’s side of the truck, and Mr. Morgan began to explain that there was no additional room in the truck for anyone other than Cannon. Mr. Morgan was driving a four-door, Ford “King Ranch” truck with a crew cab. Cannon told them McMillian was his cousin from New York and that Cannon wanted him to ride with them also. After some discussion, Mr. Morgan agreed, and he and Mr. Neel began clearing the back seat by stacking the newspapers, jackets, and other items in the center of the back seat so Cannon and McMillian could sit on either side. Among these items was a knife that Mr. Morgan placed in the center console.3 When the seats were cleared, Cannon sat on the back passenger side behind Mr. Neel and McMillian sat directly behind Mr. Morgan on the driver’s side.

At Cannon’s direction, Mr. Morgan drove onto Interstate Highway 10 (I — 10). The four men conversed while driving and eventually turned off of 1-10 onto Flat Creek Road. While they were heading west on Flat Creek Road, Cannon informed them that they had missed their turn, and Mr. Morgan made a U-turn. As Mr. Morgan drove eastbound for about two miles, he inquired of Cannon about Cannon’s familiarity with the area and how Cannon could let them travel two miles past where they were supposed to have turned, to which Cannon responded, “oh, we was talking” and “it just slipped my mind.” During the drive, Mr. Neel was “quartered around” in the front passenger seat with his head turned, looking directly at McMillian and conversing with him. Cannon eventually directed them onto a little dirt road, described by Mr. Neel as a “little pig trail,” in an overgrown, wooded area. As soon as they turned onto this dirt road, Mr. Neel heard Cannon fumbling in his jacket and saw Mr. Morgan turn around and look directly at Cannon. Cannon then began to talk as though he were on the phone; however, Mr. Neel was unsure whether Cannon had a cell phone because Mr. Neel was only looking at McMillian and did not turn to see Cannon.

Cannon then directed Mr. Morgan to turn behind an old, abandoned house. As Mr. Morgan made this turn, Mr. Neel glanced behind the house and simultaneously heard Cannon moving in the backseat. Suddenly, Mr. Neel was stabbed twice in the neck from behind. He testified that upon the first stab, he “looked right back at ... McMillian,” who was sitting still in the same spot as before. Mr. Neel testified that although he could not see around his seat to see Cannon stabbing him, he knew it was Cannon because Mr. Neel was “looking right at [McMillian]” and “could tell 100 percent” that McMillian was not the one stabbing him.

As soon as Mr. Neel was stabbed, Mr. Morgan “looked dead at [Cannon]” and began to scream — “[l]ike a scared-to-death holler.” Mr. Morgan floored the gas pedal, and Mr. Neel grabbed the knife in the console and also grabbed for the door handle. The truck was now “all over the place .... fishtailing everywhere,” and when the door sprung open, Mr. Neel flew out of the [1029]*1029truck, losing his shoes, his hat, and the knife he had in his hand. When Mr. Neel got back on his feet, he looked back in time to see the truck plow into a tree next to an old shed. He did not see anyone at or near the truck and began running back up the dirt road to get help.

Upon reaching Flat Creek Road, Mr. Neel saw some people at a nearby home and ran toward them, yelling that they needed to “get the guns” and that his friend still needed help. The home belonged to the Renfroes. Upon seeing Mr. Neel, Vera Renfroe called 911 and ran toward Mr. Neel to help him. Some of the men from the home, who had -retrieved their firearms, saw a man standing at the edge of the dirt road. Mr. Neel glanced in that direction, but could not say for certain which of the two men from the truck it could have been. Mrs. Renfroe also noticed this individual standing there looking around, but was not close enough to be able to identify him. The man eventually turned and ran in another direction toward a pond.

Alan Parrot, one of the men who had retrieved a firearm, drove his car toward the pond and found MeMillian near the pond, looking confused and trying to run away. Mr. Parrot exited his vehicle and held his gun on MeMillian until the police arrived. Shortly thereafter, Officer Michael Lawrence of the Gretna Police Department arrived. After Officer Lawrence handcuffed and put MeMillian in the back seat of his patrol car, he and Mr. Parrot ran over to where Mr. Morgan’s truck had crashed into the tree. They saw Mr. Morgan’s body on the ground near the driver’s side door, checked his pulse, and determined that he was deceased. Other officers began to arrive on the scene and eventually someone noticed smoke coming from Mr. Morgan’s vehicle. When the passenger-side door was opened, the cab of the truck was engulfed in flames.

Lead Investigator Robbie Maxwell of the Gadsden County Sheriffs Department had MeMillian removed from the back of Officer Lawrence’s patrol car and photographed. One of,the photographs documented some drops of blood on McMilli-an’s face. MeMillian was then transferred to the patrol car of Investigator Brian Faison of the Gadsden' County Sheriffs Department for transport to the Sheriffs Office. During transport, MeMillian heard talk on the police radio about a search for a knife and told' Investigator Faison that the knife they were looking for was in the back of the other patrol car. Upon inspection, Investigator Maxwell discovered a long, black-handled knife and a can or bottle opener on the back floorboard of the patrol car. The knife had a broken tip, which was later determined by a fiber and physical match analyst from the Florida Department of Law Enforcement (FDLE) to match a triangular piece of metal found in Mr. Morgan’s head.

Also on the scene was Detective Eric Bryant with the State Fire Marshal’s Office. ' He testified that there was only minimal fire damage to the front of the truck with no fire damage to the hood or engine compartment. By this evidence, he excluded as the cause of the fire the truck crashing into the tree. The greatest degree of damage occurred in the rear seats of the truck, and Detective Bryant concluded that the fire’s'point of origin was the rear passenger compartment behind the driver’s seat.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Antron Colston v. State of Florida
District Court of Appeal of Florida, 2025
Philip Morris USA Inc. v. Michael Jordan Lipp, etc.
District Court of Appeal of Florida, 2024
Christian Cruz v. State of Florida
Supreme Court of Florida, 2023
Marlin L. Joseph v. State of Florida
Supreme Court of Florida, 2022
Gonzalez v. State
275 So. 3d 766 (District Court of Appeal of Florida, 2019)
TYRONE POINTER v. STATE OF FLORIDA
District Court of Appeal of Florida, 2019
Timothy Clarence Miller v. State of Florida
253 So. 3d 752 (District Court of Appeal of Florida, 2018)
Jarrett v. State
225 So. 3d 964 (District Court of Appeal of Florida, 2017)
Richard Kevin Kline v. State of Florida
223 So. 3d 482 (District Court of Appeal of Florida, 2017)
North v. State
221 So. 3d 1235 (District Court of Appeal of Florida, 2017)
Randy W. Tundidor v. State of Florida
221 So. 3d 587 (Supreme Court of Florida, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
180 So. 3d 1023, 40 Fla. L. Weekly Supp. 509, 2015 Fla. LEXIS 2033, 2015 WL 5601524, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marvin-cannon-v-state-of-florida-fla-2015.