Habeas Corpus • Homicide • Robbery • Theft by Unlawful Taking • Receiving Stolen Property
Commonwealth v. Markijohn, PICS Case No. 17-0447(C.P. Lawrence County March 7, 2017) Cox, J. (13 pages).
Defendant filed a petition for habeas corpus on the charges of homicide, robbery, theft and receiving stolen property. Victim was found dead in 2014, defendant was interviewed in relation to that incident and then arrested for felony trafficking in Ohio. In investigating victim’s death, police found a marijuana grow operation in the basement of the house and a check payable to defendant, signed by victim and dated the day of the incident. Defendant gave conflicting explanations for the check, denied owning a gun even though there was a picture of him with a handgun on his Instagram account, his girlfriend said he told her he “threw the gun” on the day of the incident and detectives found seven pounds of marijuana in defendant’s house and defendant’s girlfriend said he brought back five pounds of marijuana on the day of the incident. In 2015, the commonwealth filed an information charging homicide, robbery, theft and receiving stolen property.