Justin Barber is today an inmate in the Florida state prison system, serving life without the possibility of parole for the 2002 first-degree murder of his wife, April Barber. Convicted in June 2006, he has exhausted his state appeals, seen his federal habeas petition dismissed as time-barred, and been turned away by the Eleventh Circuit and the U.S. Supreme Court.
Where Justin Barber Is Now
Barber remains incarcerated in Florida, serving a life sentence with no parole eligibility. He has maintained his innocence throughout. His conviction has been affirmed at every level of the state and federal judiciary, and his legal options are effectively closed.1U.S. Supreme Court. Barber v. United States, Petition for Writ of Certiorari
Why He Isn’t On Death Row
Barber came close to a death sentence. On June 26, 2006, two days after the guilty verdict, the trial jury recommended death by a vote of eight to four after 51 minutes of deliberation. The defense presented no mitigating evidence during the penalty phase; Barber refused to let relatives plead for his life and continued to maintain his innocence.2CNN. Barber Found Guilty of Murder
Under Florida law at the time, the jury’s recommendation was advisory and the final call belonged to the judge. On September 15, 2006, St. Johns County Circuit Judge Edward Hedstrom overrode the jury and imposed life without parole. Hedstrom said he had “concluded that this murder is not the most aggravated and unmitigated of crimes for which the death penalty is reserved,” and told the courtroom he believed the Florida Supreme Court would likely overturn a death sentence in the case.3News4Jax. Judge Spares Convicted Killer’s Life The court found the killing was motivated by pecuniary gain and was cold, calculated, and premeditated, but declined to apply the “heinous, atrocious, and cruel” aggravating factor.4FindLaw. Barber v. State, No. 5D06-3529
That override is the reason Barber is doing life today rather than sitting on Florida’s death row.
Every Appeal He Has Lost
Barber has pursued relief at every available level and been turned away at each one.
His direct appeal ended on January 23, 2009, when Florida’s Fifth District Court of Appeal affirmed both the conviction and the sentence.4FindLaw. Barber v. State, No. 5D06-3529 The conviction became final on November 2, 2010.1U.S. Supreme Court. Barber v. United States, Petition for Writ of Certiorari
In 2010 he filed his first post-conviction motion under Florida Rule 3.850, alleging ineffective assistance of counsel. The state circuit court denied it on April 18, 2013, and the Fifth District Court of Appeal affirmed.5St. Augustine Record. Convicted Murderer Justin Barber Denied Post-Conviction Relief A 2014 second Rule 3.850 motion, this one alleging juror misconduct, was denied by the trial court and affirmed by the Fifth District on February 16, 2016.1U.S. Supreme Court. Barber v. United States, Petition for Writ of Certiorari
Barber then moved to federal court. He filed a habeas petition under 28 U.S.C. § 2254 on March 1, 2016. The district court dismissed it as time-barred under the Antiterrorism and Effective Death Penalty Act, holding that the one-year limitations period had expired and that Barber had not shown extraordinary circumstances to justify equitable tolling. The Eleventh Circuit denied a certificate of appealability on June 16, 2020, and denied reconsideration on July 20, 2020.1U.S. Supreme Court. Barber v. United States, Petition for Writ of Certiorari
He then petitioned the U.S. Supreme Court for a writ of certiorari during the October 2020 term, arguing that the lower courts had misapplied the “properly filed” standard for tolling under federal law. That petition, too, did not free him.1U.S. Supreme Court. Barber v. United States, Petition for Writ of Certiorari
His trial lawyer, Robert Willis — named in the first ineffective-counsel motion — has reportedly continued to maintain his belief in Barber’s innocence.6Forensic Files Now. Justin and April Barber
The Case That Put Him There
On the night of August 17, 2002, April Lott Barber, a 27-year-old radiation therapist, was shot in the face and killed on a beach at Guana River State Park, between Ponte Vedra and St. Augustine in northeast Florida. She died from a single .22 caliber gunshot wound to the left cheek.7NBC News. Dateline NBC: The Barber Case Justin, then 30, told police an unknown man in a ball cap had approached the couple on a late-night walk, demanded cash, and opened fire. He arrived at Shands Jacksonville hospital with four bullet wounds and was released after two days.8St. Augustine Record. Justin Barber Accused in His Wife’s 2002 Slaying
Investigators found no weapon, no third party, and no sign of a robbery. April’s jewelry, including her wedding band and engagement ring, was still on her body. Justin’s own wounds — to his left hand, left shoulder, and right collarbone — were in locations consistent with self-infliction, and none threatened a major organ.9CNN Transcripts. Nancy Grace Transcript After the shooting he drove roughly ten miles past a gas station, a Walgreens, and a McDonald’s without stopping for help.10CBS News. Secrets in the Sand
The prosecution built a circumstantial case around motive and premeditation. Justin was about $58,000 in debt from online day trading, and the couple held a $2 million life insurance policy obtained roughly eleven months before the killing.7NBC News. Dateline NBC: The Barber Case4FindLaw. Barber v. State, No. 5D06-3529 Forensic analysis of his work laptop showed a February 14, 2002 search using the terms “trauma,” “cases,” “gunshot,” “right,” and “chest” — six months before Justin sustained a gunshot graze to his right chest. On the day of the killing he downloaded sixteen songs, including “Used to Love Her (But I Had to Kill Her)” by Guns N’ Roses, which a computer expert testified was the only file deleted when he turned the computer over to investigators two weeks later.10CBS News. Secrets in the Sand
Justin admitted in a videotaped deposition to five extramarital affairs during the three-year marriage. According to prosecutors, on the couple’s third wedding anniversary — August 4, 2002, less than two weeks before the killing — April told Justin she was leaving him.7NBC News. Dateline NBC: The Barber Case
A St. Johns County grand jury indicted Barber on July 9, 2004. He was tried in St. Augustine before Judge Hedstrom, and on June 24, 2006 the jury found him guilty of first-degree murder with a firearm.8St. Augustine Record. Justin Barber Accused in His Wife’s 2002 Slaying7NBC News. Dateline NBC: The Barber Case
What Comes Next
There is no realistic path to release. Barber has no parole eligibility, his direct appeal and two rounds of state post-conviction review are done, his federal habeas petition failed on procedural time-bar grounds, the Eleventh Circuit refused to hear it, and the Supreme Court was his last stop. Absent a successor petition based on newly discovered evidence or a change in the law, he will remain in Florida custody for the rest of his life.