Marvell Dixon Case Dismissed
Posted on 3/25/2022
Marvell Dixon was convicted of Aggravated Murder and Felonious Assault with a firearm specification in 1998 for the killing of Douglas Harvey and shooting Ervin Nixon. He was sentenced to 20 years to life on the Aggravated Murder count.
Dixon filed a motion for a new trial in 2016 after learning that Ervin Nixon was recanting his testimony that Dixon was the shooter. A hearing was held and Nixon testified under oath that Dixon was not the shooter and recanted his trial testimony. Nixon subsequently pled guilty to Perjury. The trial judge issued a decision indicating that, although Nixon’s recantation was credible, one eyewitness remained – Joe Robinson. The judge accordingly denied a new trial at that point.
Dixon later filed another motion that included an affidavit from Joe Robinson recanting his prior testimony. A hearing was held on March 23, 2022 and Robinson testified under oath that he lied at trial and Dixon was not the shooter. Robinson pled guilty to Perjury, as well. The Prosecutor’s Office reviewed the case to determine whether to move forward with a new trial. With both Nixon and Robinson having recanted their trial testimonies, and with no other evidence linking Dixon to the shootings, the State has concluded that the interests of justice require dismissing this case.
Franklin County Prosecutor G. Gary Tyack previously served as a judge on the Tenth District Court of Appeals and heard two prior appeals filed by Dixon. Accordingly, Mr. Tyack was conflicted off this case and took no part in the ultimate decision to dismiss this case.
The Prosecutor’s Office is making its best effort to notify the victim’s next of kin.