The Florida Supreme Court on Thursday rejected Darious Wilcox’s latest attempt to overturn his 2008 murder conviction and death sentence, keeping in place the punishment a Broward County jury handed down for the killing of Nimoy Johnson. Wilcox had asked the state’s highest court to throw out his conviction and grant post-conviction relief.
According to the Tampa Free Press, the justices turned away two separate filings from Wilcox: a post-conviction motion and a petition for a writ of habeas corpus. Justice Jamie Grosshans wrote the opinion, which was joined by Chief Justice Carlos Muñiz and Justices Jorge Labarga, John Couriel, Renatha Francis and Meredith Sasso. Justice Brad Tanenbaum did not take part in the decision.
Case background
The crime dates back to early 2008 in Lauderhill, Broward County. Court records state that Wilcox forced his way into Johnson’s townhouse, held Johnson and three women at gunpoint, bound the victims and then shot Johnson once in the back of the head before leaving in a stolen Chevrolet Tahoe, according to the Supreme Court of Florida.
Trial evidence and arrest
Investigators used Wilcox’s cellphone activity to track him to a Miami gas station. After a brief chase by car and then on foot, officers arrested him and recovered a black jacket, a bandana, fingerprints and a Taurus Millennium pistol from an abandoned vehicle. Ballistics testing later tied that gun to the bullet that killed Johnson, according to court records summarized by Justia.
Appeal arguments
In his most recent filings, Wilcox argued that his trial lawyers did not have enough time to prepare, failed to present sufficient mental-health experts and did not effectively challenge the state’s evidence. He also urged the court to apply more recent changes in state law regarding non-unanimous death recommendations to his case, the Tampa Free Press reported.
The justices rejected each of those arguments. In doing so, they pointed to the case timeline, noting that it was affected in part by Wilcox’s own decision to fire his attorneys and represent himself in the months leading up to trial.
Legal backdrop
The ruling arrives against the backdrop of shifting death-penalty rules in Florida. In 2023, the Legislature amended section 921.141 to permit a death sentence based on an 8-4 jury recommendation, rather than requiring unanimity. The Florida Supreme Court has since reviewed and upheld that structure in cases such as Justia…