Florida Supreme Court

DC# 123069
DOB: 03/29/65

Fourth Judicial Circuit, Duval County, Case #9204174
Sentencing Judge:  The Honorable Henry W. Cook
Re-Sentencing Judge (1^st and 2^nd):  The Honorable L. Page Haddock
Attorney, Trial  (1^st):  Patrick McGuinness – Assistant Public Defender
Attorney, Trial (2^nd): Charles Coffer – Assistant Public Defender
Attorney, Direct Appeal (1^st and 2^nd):  Nada M. Carey – Assistant Public Defender
Attorney, Collateral Appeals:  Jefferson Morrow – Registry

Date of Offense: 01/28/92

Date of Sentence: 06/25/93

Date of Resentence: 07/16/97

Date of Resentence: 06/16/00

Circumstances of Offense:

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 01/28/92, 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.

Trial Summary:

01/28/92          Reese was indicted on the following:

Count I: First-Degree Murder (Sharlene Austin)
Count II: Sexual Battery
Count III: Burglary with Assault
Count IV: Kidnapping

03/25/93          Reese was found guilty on counts I, II and III. Count IV was dropped prior to trial.

03/25/93          Upon advisory sentencing, the jury, by an 8 to 4 majority, voted for the death penalty.

06/25/93          Reese was sentenced as follows:

Count I: First-Degree Murder (Sharlene Austin) – Death
Count II: Sexual Battery – 22 years less 1 year and 71 days for time served
Count III: Burglary with Assault – 22 years less 1 year and 71 days for time served

03/20/97          FSC affirmed the conviction, but remanded the case to the trial court for a new sentencing order.

07/16/97          Reese was re-sentenced as follows

Count I: First-Degree Murder (Sharlene Austin) – Death

02/18/99          FSC remanded the case to the trial court for a revised sentencing order.

06/16/00          Reese was re-sentenced as follows:

Count I: First-Degree Murder (Sharlene Austin) – Death

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.

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