SC09-780 – Ray Lamar Johnston v. State of Florida

State: Florida

Docket No: SC09-780

Case Date: 03/24/2011

Preview:Supreme Court of Florida
____________ No. SC09-780 ____________ RAY LAMAR JOHNSTON, Appellant, vs. STATE OF FLORIDA, Appellee. ____________ No. SC10-75 ____________ RAY LAMAR JOHNSTON, Appellant, vs. EDWIN G. BUSS, etc., Appellee. [March 24, 2011] PER CURIAM. Ray Lamar Johnston appeals an order of the trial court denying his motion to vacate his conviction for first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851. He also petitions this Court for a writ

of habeas corpus. 1 For the reasons that follow, we affirm the trial court`s order denying postconviction relief. We also deny the habeas petition. I. FACTS AND PROCEDURAL HISTORY Johnston was charged with the 1997 murder, kidnapping, robbery, and sexual battery of Leanne Coryell and with burglary of a conveyance with assault or battery. Johnston v. State, 841 So. 2d 349, 351 (Fla. 2002). The jury found Johnston guilty on all charges and unanimously recommended the death penalty. The trial court followed the jury`s recommendation and sentenced Johnston to death. Id. at 355. The evidence presented at Johnston`s trial demonstrated that Johnston had beaten, raped, and manually strangled Coryell, then dragged her to a pond and left her nude, floating face down. Id. at 352. When law enforcement arrived at the scene, Coryell`s car was in a nearby parking lot with the keys in the ignition and the engine still warm. Id. Later that night and early the next morning, ATM surveillance videos captured Johnston using Coryell`s ATM card to withdraw $1000 from her account. Id. Police obtained a warrant to search Johnston`s apartment, where they found a pair of wet tennis shoes matching three partial impressions found at the scene. Id.

1. We have jurisdiction. See art. V,

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