EXECUTED BY LETHAL INJECTION 05-25-05 12:28 AM EST.
DOB: 02-18-1965 DOC#: 863293 White Male



Madison County Superior Court
Judge Thomas Newman




Prosecutor: William F. Lawler, Jr.

Defense: Gary Miracle

Date of Murder: June 23, 1985

Victim(s): Ruby Hutslar W/F/82 (No relationship to Johnson)

Method of Murder: stomping with feet; beating with broom handle

Summary: A newspaper delivery boy noticed the home of 82 year old Ruby Hutslar on fire and roused a neighbor to call police. He returned but could not enter the home due to the fire and smoke. Firemen were able to put out the fire in about a half hour. Ruby Hutslar was found 5 feet from the front door with broken bones on her nose and cheek and 20 fractured ribs. Her larnyx and spine were also fractured. An autopsy revealed that she died as a result of these injuries and not fire or smoke inhalation. A dispatch was sent out that Johnson was a suspect in several fires in the area. Johnson was seen by Officers watching the firemen fight the fire and was arrested for Public Intoxication. In custody, Johnson initially denied any involvement, but admitted setting 4 recent fires in the area. During a later interrogation, Johnson was asked if by killing Hutslar he was trying to join his friend, Mark Wisehart, on death row. Johnson became emotional and gave a full confession. (Johnson had testified as a prosecution witness against his friend Mark Wisehart charged with capital murder) Johnson stated that he had entered the home by breaking a front window with a broom and immediately confronted 90 pound Hutslar in her night clothes. Hutslar slumped to the floor, breathing heavily. Johnson said he stepped on her as he moved around the house. He took a watch and silver dollars, found some matches, started the fire and fled.

Conviction: Felony-Murder (Burglary), Arson (B Felony)

Sentencing: June 19, 1986 (Death Sentence, 10 years imprisonment)

Aggravating Circumstances: b(1) Burglary

Mitigating Circumstances: alcoholism, intoxication, 20 years old at the time of the crime, graduated from high school at Indiana Boys School, served 9 months in National Guard / 2 months in Army, got along well in jail

Direct Appeal:
Johnson v. State, 584 N.E.2d 1092 (Ind. January 27, 1992)
Conviction Affirmed 4-0; DP Affirmed 4-0
Debruler Opinion; Shepard, Dickson, Krahulik concur.
(Givan Not Participating)
Johnson v. Indiana, 113 S. Ct. 155 (1992) (Cert. denied).

PCR:
PCR Petition filed 12-01-93. Amended PCR filed 06-21-94.
PCR Hearing 05-04-95. Special Judge Richard D. Culver
07-19-95 PCR Petition denied.

Johnson v. State, 693 N.E.2d 941 (Ind. 1998)
(Appeal of PCR denial by Special Judge Richard Culver)
Conviction Affirmed 5-0; DP Affirmed 5-0
Sullivan Opinion; Shepard, Dickson, Selby, Boehm concur.


Johnson v. State, 827 N.E.2d 547 (Ind. May 16, 2005) (48S00-0505-SD-192).
(Johnson sought leave to file successive petition for state postconviction relief. Held: Denied.)
Shepard Opinion; Dickson, Sullivan, Boehm, Rucker concur.

Habeas:
06-29-99 Petition for Writ of Habeas Corpus filed in U.S. District Court, Southern District of Indiana.
Judge Richard L. Young
10-28-03 Entry dismissing Petition as untimely.

Johnson v. McBride, 381 F.3d 587 (7th Cir. August 20, 2004) (04-1354).
(Appeal of Habeas Denial; Affirmed 3-0)
Frank H. Easterbrook Opinion; Wiliam J. Bauer, Daniel A. Manion concur.
Johnson v. McBride, 125 S.Ct. 1649 (March 21, 2005) (Cert. denied)

JOHNSON WAS EXECUTED BY LETHAL INJECTION ON 05-25-05 12:28 AM EST. HE WAS THE 74TH CONVICTED MURDERER EXECUTED IN INDIANA SINCE 1900, AND 14TH SINCE THE DEATH PENALTY WAS REINSTATED IN 1977.