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 upon for statistical or legal purposes.
HENDRIX, Robert E. (W/M)
DC # 104721
Fifth Judicial Circuit, Lake County Case # 90-1297 CFA
Sentencing Judge: The Honorable Jerry Lockett
Trial Attorneys: Thomas Turner & Edward Kirkland
Attorney, Direct Appeal: Michael S. Becker – Assistant Public Defender
Attorney, Collateral Appeals: Harry Brody – Registry
Date of Offense: 08/27/90
Date of Sentence: 11/04/91
Circumstances of the Offense:
The defendant, Robert Hendrix, and his cousin, Elmer Scott, broke into a house. Soon after the incident, Scott was apprehended by the police and entered into a plea agreement with the State. In exchange for the withholding of adjudication and a two-year sentence of community control, Scott agreed to plead no contest to a lesser charge of simple burglary. Scott’s agreement to testify truthfully against Hendrix was a condition of the plea. Hendrix was arrested and charged with armed burglary of the dwelling as a result of Scott’s deposition. The plea agreement that was offered to Hendrix was a sentence of four years’ imprisonment and five years’ probation. The official court date was set to be August 28, 1990.
Prior to his court date, Hendrix told several friends that he intended to kill Scott to prevent him from testifying because he did not want to accept a plea. Hendrix also discussed different plans to kill Scott with Denise Turbyville, his live-in girlfriend. Hendrix approached several people and attempted to get a “throw-away” pistol that was not traceable back to him. The day before his court date, August 27th, Hendrix arrived at his residence with a handgun and test-fired it after attempting to construct a silencer for it.
At some point after 11 p.m., Hendrix decided to go to Scott’s residence and he told Denise to get ready. He took with him gloves, a mask, and a hat. Denise drove the vehicle near Scott’s mobile home and dropped off Hendrix after which she drove to the county line to wait for him. Denise heard several shots fired and a short period of time later, Hendrix returned to the car and prompted her to quickly leave the scene. When they returned to their residence, they elected to leave to lights off, and Hendrix proceeded to shower and to burn his clothing behind the residence. Hendrix told Denise how he killed Scott and Scott’s wife, Michelle. Hendrix relayed to her that he shot Scott in the head and, when Michelle tried to fight him, Hendrix used a knife to slash her throat. Hendrix then used the gun to hit Scott over the head, and he slashed his throat with the knife as well.
The police arrested Hendrix and he was subsequently tried for his crimes. Denise, in addition to several other witnesses, testified that Hendrix admitted committing the murders to prevent Scott from testifying against him.
09/18/90 Indicted as follows:
Count I: Conspiracy to Commit Murder
Count II: Conspiracy to Commit Murder
Count III: First-Degree Murder
Count IV: First-Degree Murder
Count V: Armed Burglary
09/20/91 Defendant was found guilty by the trial jury on all counts
09/23/91 The jury unanimously recommended Death for both counts of
11/09/91 Defendant was sentenced as follows:
Count I: Conspiracy to Commit Murder- 30 years
Count II: Conspiracy to Commit Murder- 30 years
Count III: First Degree Murder - Death
Count IV: First Degree Murder- Death
Count V: Armed Burglary- Life
* Please note: On Direct Appeal, the Florida Supreme Court reversed the conviction and vacated the sentence for one of the Conspiracy charges.
637 So. 2d 916
12/09/91 Appeal filed.
04/21/94 FSC affirmed the conviction of First Degree Murder and the sentence of Death.
06/21/94 Rehearing denied.
07/21/94 Mandate issued.
513 U.S. 1004
09/19/94 Petition filed.
11/14/94 USSC denied petition.
02/29/96 Motion filed.
12/11/03 Motion denied.
Florida Supreme Court – 3.850 Appeal
908 So. 2d 412
01/12/04 Appeal filed.
07/07/05 FSC affirmed denial of 3.850 Motion.
07/28/05 Mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
908 So. 2d 412
08/31/04 Petition filed.
07/07/05 FSC denied Habeas Petition.
07/28/05 Mandate issued.
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
07/27/06 Petition filed.
05/03/07 USDC denied petition.
07/25/07 Certificate of Appealability filed.
08/08/07 COA granted.
United States Court of Appeals, 11th Circuit- Habeas Appeal
527 F. 3d 1149
07/06/07 Appeal filed.
06/16/08 Appeal denied.
United States Supreme Court – Petition for Writ of Certiorari
129 S. Ct. 509
08/11/08 Petition filed.
11/03/08 Petition denied.
The Direct Appeal took three years for a decision to be rendered. The Circuit Court 3.850 was pending for nearly eight years.
A Direct Appeal was filed on 12/09/91. Issues that were raised included whether the trial court erred in refusing to grant his motion to disqualify the judge, and whether or not the trial court erred in denying his motion for judgment of acquittal on the conspiracy counts. The Florida Supreme Court found merit to the claim that one count of conspiracy was not supported by evidence, and they therefore reversed the conviction and vacated the sentence for that count. The Florida Supreme Court found the rest of the claims either without merit or harmless and affirmed the conviction and sentence of death on 04/21/94.
A Petition for Writ of Certiorari was filed on 09/19/94 and denied on 11/14/94.
A 3.850 motion was filed with the circuit court on 02/29/96 and was denied on 12/11/03.
A 3.850 appeal was filed with the Florida Supreme Court on 01/12/04, citing allegations of a non-impartial judge, improper shackling, ineffective assistance of counsel, and Brady violations. On 07/07/05, the FSC affirmed the denial of the 3.850 Motion.
A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 08/31/04, citing claims of ineffective assistance of counsel. On 07/07/05, the FSC denied the Habeas Petition.
A Petition for Writ of Habeas Corpus was filed with the U.S. District Court, Middle District, on 07/27/06. On 05/03/07, the USDC denied the petition. A Certificate of Appealability was filed on 07/25/07 and was granted on 08/08/07.
An appeal of the United States District Court’s denial of the Habeas was filed on 07/06/07. The appeal was denied on 06/16/08.
Hendrix filed a Petition for Writ of Certiorari in the United States Supreme Court on 08/11/08. This petition was denied on 11/03/08.
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE
FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
10/21/93 0 DISOBEYING ORDER UNION C. I.
Report Date: 11/01/01 cc
Approved: 11/15/01 ws
Updated: 02/20/09 klh