The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied on for statistical or legal purposes.
PRESTON, Jr., Robert Anthony (W/M)
DC# 072593
DOB: 11/13/57
Eighteenth Judicial Circuit, Seminole County Case# 78-41 CFA
Sentencing and Resentencing Judge: The Honorable S. Joseph Davis, Jr.
Attorney, Trial: Arthur Kutsche – Assistant Public Defender
Attorney, Direct Appeal: Joan H. Bickerstaff – Private
Attorney, Collateral Appeals: Robert T. Strain & David Gemmer – CCRC-M
Date of Offense: 01/09/78
Date of Sentence: 11/06/81
Date of Resentence: 05/08/91
Circumstances of Offense:
The defendant, Robert Preston, robbed and killed Earline Walker in Seminole County in 1978.
On the afternoon of 01/09/78, the nude and mutilated body of Earline Walker was discovered in an open field in Seminole County by police. Multiple stab wounds and lacerations on the body were so severe that they resulted in near decapitation.
Walker had been employed as a clerk at a convenience store. An officer of the Altamonte Springs Police Department on routine patrol discovered her missing from the store at approximately 3:30 a.m. He also discovered that $574.41 was missing from the store.
Preston was arrested the following day on an unrelated charge. While he was in custody, a deputy recovered a pubic hair from Preston’s belt buckle. The day after the arrest, police searched the home of Preston’s mother with her consent. The defendant also lived there. In his bedroom, they found a jacket belonging to Preston and several detached food stamp coupons. An analysis confirmed the coupons had been used at the convenience store to purchase items several days before the murder. Blood samples from Walker and Preston were compared with blood stains found on Preston’s jacket. The stains were of the same blood type and enzyme group as those of the victim. Analysis revealed that the hair recovered from Preston’s belt and another discovered on his jacket could have originated from the victim.
Additional information:
In 1980, Preston was sentenced to six years imprisonment after being convicted of throwing a deadly missile into an occupied vehicle. The offense occurred on 01/05/78, four days prior to the murder. In 1989, Preston obtained an order on motion for postconviction relief, which vacated the conviction. The Fifth Circuit Court of Appeal affirmed the order in 1990.
The defendant was acquitted on one count of felony murder committed during the course of a sexual battery, and one count of sexual battery. Sentence was withheld on counts II and III of the indictment.
06/9/81 Indicted as follows:
Count I: First Degree Murder
Count II: Felony Murder Committed During the Course of a Robbery
Count III: Felony Murder Committed During the Course of a Kidnapping
Count IV: Robbery
Count V: Kidnapping
06/10/81 Jury returned guilty verdicts on all counts of the indictment and recommended death by a vote of 7-5
11/06/81 Sentenced as follows:
Count I: First Degree Murder – Death
Count IV: Robbery – 15 years imprisonment
Count V: Kidnapping – Life imprisonment
04/19/91 Jury recommended death by a vote of 12-0
05/08/91 Defendant was resentenced to death
Appeals Summary:
FSC# 61,475
444 So.2d 939
12/09/81 Appeal filed.
01/19/84 FSC affirmed the conviction and sentence.
02/27/84 Rehearing denied.
CC# 78-41-CFA
10/31/85 Motion filed
02/12/87 Motion denied
06/10/87 Rehearing denied
Florida Supreme Court – 3.850 Appeal
FSC# 70,835
528 So.2d 896
07/13/87 Appeal filed
05/26/88 FSC affirmed trial court’s denial of 3.850 motion
08/19/88 Rehearing denied
USSC# A-216
109 S. Ct. 28
09/13/88 Application filed
09/23/88 USSC granted a stay of execution
FSC# 73,067
531 So.2d 154
09/20/88 Petition filed
09/22/88 Petition denied
USSC# 88-6121
109 S. Ct. 1356
11/17/88 Petition filed
03/06/89 Petition denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 74,038
545 So. 2d 1368
04/19/89 Petition filed
05/24/89 Petition denied
CC# 78-41-CFA
03/20/90 Motion filed
03/30/90 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 75,794
564 So.2d 120
04/04/90 Appeal filed
06/07/90 FSC vacated the sentence and remanded for a new trial
Florida Supreme Court – Direct Appeal (RS)
FSC# 78,025
607 So. 2d 404
06/05/91 Appeal filed
10/29/92 FSC affirmed trial court’s denial of 3.850 motion
10/29/92 Rehearing denied
11/30/92 Mandate issued
USSC# 92-7627
113 S. Ct. 1619
01/27/93 Petition filed
03/22/93 Petition denied
CC# 78-41-CFA
05/23/94 Motion filed
02/28/00 Amended motion filed
03/31/05 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 05-781
970 So.2d 789 (2007)
05/05/05 Appeal filed
05/31/07 FSC affirmed trial court’s denial of Preston’s 3.850 Motion
06/15/07 Motion for Rehearing filed
12/10/07 Motion for Rehearing denied
12/26/07 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 06-351
970 So.2d 789 (2007)
02/21/06 Petition filed
05/31/07 Petition denied
United States District Court, Middle District – Habeas Petition
USDC# 08-2085
(Pending)
12/15/08 Petition filed
Death Warrant:
10/08/85 Governor Graham signed death warrant
11/04/85 Scheduled execution date
10/31/85 Trial court granted stay of execution
08/25/88 Governor Martinez signed death warrant
09/27/88 Scheduled execution date
09/23/88 U.S. Supreme Court granted stay of execution
03/30/89 Governor Martinez signed death warrant
04/27/89 Scheduled execution date
04/19/89 Florida Supreme Court granted stay of execution
03/08/90 Governor Martinez signed death warrant
04/04/90 Scheduled execution date
04/03/90 Florida Supreme Court granted stay of execution
07/02/85 Hearing denied
Preston’s third 3.850 Motion had been pending since 1994. The reasons for the delay as cited by the CCRC-Middle are outstanding public records requests, a change in representation of Preston to the CCRC and the misplacement of the trial file by the State Attorney’s Office.
Case Information:
Preston’s conviction and sentence were affirmed by the Florida Supreme Court on Direct Appeal in 1984.
Governor Graham signed Preston’s first death warrant in October 1985, prompting the defendant to file a 3.850 Motion with the trial court in 1985. The court granted a stay of execution the same day the motion was filed and denied the motion in 1987. On appeal, the Florida Supreme Court in May 1988 affirmed the trial court’s ruling.
Governor Martinez signed Preston’s second death warrant in August 1988. The defendant responded by filing an application for a stay of execution with the United States Supreme Court and by petitioning the Florida Supreme Court for a Writ of Habeas Corpus. The petition was denied without prejudice to raise the same issues by 3.850 motion. The following month, the United States Supreme Court stayed the execution and the Florida Supreme Court denied the habeas petition. The United States Supreme Court denied the Certiorari in 1989.
A third death warrant was signed by Governor Martinez in March 1989. The following month Preston filed his second habeas petition with the Florida Supreme Court. The court granted a stay of execution in April 1989 and dismissed the case without prejudice in May.
Governor Martinez signed Preston’s fourth death warrant in March 1990, prompting Preston to file his second 3.850 motion with the trial court. The court denied the motion. Preston appealed the trial court’s ruling and asked the Florida Supreme Court for a stay of execution. The Court granted the stay. In his appeal, Preston cited the United States Supreme Court’s decision in Johnson v. Mississippi as reason to vacate his death sentence. In Johnson, the court vacated the defendant’s death sentence because it had been predicated on a prior violent felony conviction that was overturned. Accordingly, Preston argued that his death sentence should be reconsidered after the trial court overturned Preston’s unrelated conviction in 1980 of throwing a deadly missile into an occupied vehicle. The high court agreed, and vacated the sentence and remanded for resentencing.
The trial court resentenced Preston to death in 1991. The Florida Supreme Court affirmed the sentence in 1992. The United States Supreme Court denied the Certiorari in 1993.
Preston filed his third 3.850 Motion to the Circuit Court on 05/23/94. An Amended Motion was filed on 02/28/00. The Motion was denied on 03/31/05.
On 05/05/05, Preston filed a 3.850 Appeal to the Florida Supreme Court. Of the 42 claims Preston raised in his 3.850 Motion, Preston appealed the trial court’s denial of eight claims: (1) Preston was denied effective representation by counsel for lack of access to public records, (2) Preston’s counsel was ineffective for failing to present a corroborating witness, (3) Florida’s rule prohibiting defense counsel from interviewing jurors violates equal protection and due process, (4) Preston was deprived of a fair trial due to procedural and substantive issues, (5) execution by lethal injection is unconstitutional because it is cruel and unusual punishment, (6) resentencing counsel was ineffective for failing to challenge the credentials of the State’s expert witness, (7) guilt phase counsel was ineffective for failing to challenge the qualifications of the medical examiner and his testimony, and (8) Preston’s judgment and death sentence must be vacated in light of Ring. The Court found these claims procedurally barred and without merit. On 05/31/07, the Court affirmed the trial court’s denial of Preston’s 3.850 Motion. On 06/15/07, Preston filed a Motion for Rehearing, which was denied on 12/10/07. The Florida Supreme Court issued a Mandate in reference to the 05/31/07 Opinion on 12/26/07.
On 02/21/06, Preston filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court. Preston raised four issues in his Habeas petition: (1) appellate counsel was ineffective for failing to raise the claim that Florida’s capital sentencing scheme is unconstitutional under Ring, (2) appellate counsel was ineffective for failing to raise the claim that Preston’s due process and equal protection rights were violated because his counsel was prohibited from interviewing jurors, (3) appellate counsel was ineffective for failing to raise the claim that the jury was unconstitutionally instructed that its role was merely “advisory” in violation of Caldwell v. Mississippi, and (4) Preston may not be competent at the time of his execution. The Court concluded that Preston is not entitled to relief on any of these claims. On 05/31/07, the Court denied Preston’s Petition for Writ of Habeas Corpus. The Florida Supreme Court issued a Mandate in reference to the 05/31/07 Opinion on 12/26/07.
On 12/15/08, Preston filed a Habeas Petition in the United States District Court, Middle District. This case is currently pending.
Institutional Adjustment:
|
DATE |
DAYS |
VIOLATION |
LOCATION |
|
09/08/80 |
20 |
PART. IN RIOTS |
SUMTER CI |
|
04/30/87 |
30 |
DES. OF STATE PROPERTY |
FLORIDA STATE PRISON |
|
06/30/94 |
0 |
REF. SUB. ABUSE TEST |
UNION CI |
|
08/31/94 |
0 |
DES. OF STATE PROPERTY |
UNION CI |
|
12/28/94 |
0 |
DISRESP. TO OFFICIALS |
UNION CI |
_______________________________________________________________________
Report Date: 06/21/01 TB
Approved: 06/29/01 WS
Updated 01/09/09 AEH