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.

ARCHER, Robin Lee (W/M)

DC #   216728

DOB: 10/12/64

First Judicial Circuit, Escambia County, Case #91-0606

Sentencing Judge: The Honorable Lacey Collier

Resentencing Judge: The Honorable T. Michael Jones

Trial Attorney: E. Brian Lang, Esq. – Private

Attorney, Retrial: Spiro Kypreos, Esq. – Private

Attorney, Direct Appeal: David A. Davis – Assistant Public Defender

Attorney, Direct Appeal, Resentencing: David A. Davis – Assistant Public Defender

Attorney, Collateral Appeals: Michael Reiter – Registry

Date of Offense: 01/26/91

Date of Sentence:       09/20/91

Date of Resentence: 01/19/94

Circumstances of Offense:

On January 26, 1991, Robin Lee Archer, through the acts of his cousin and three accomplices, murdered the victim, Billy Coker.  The victim was shot to death.

Archer was fired from his job at an auto parts store in March 1990.  The following January, he convinced his 17-year-old cousin, James Patrick Bonifay, to kill the clerk he blamed for his having been fired.  Bonifay testified that Archer told him to rob the store to conceal the motive for the killing and also told him the location of the store’s cash box and emergency exit.  Bonifay asked a friend to borrow a gun.  Bonifay was not home when his friend brought the gun, so he gave it to Archer who, in turn, gave it to Bonifay.

Bonifay talked two friends into helping him, and the trio went to the parts store on the night of January 25, 1990.  Bonifay, however, could not go through with the plan, and they left.  The following morning Archer chastised Bonifay for not killing the clerk and the three went back to the store that night.  Bonifay and Clifford Barth each shot the clerk from outside the store.  They then crawled into the store through the parts window.  After opening the cash boxes, Bonifay shot the clerk twice in the head execution-style as he lay on the floor begging for his life.  Archer later refused to pay Bonifay because he had killed the wrong clerk.

Bonifay confessed to several people, one of who informed the authorities.  Archer, Bonifay and Bonifay’s two friends were arrested.  The defendants were tried separately.  Archer’s jury convicted him of First-Degree Murder.  He was sentenced to death.

Codefendant Information:

James Patrick Bonifay, in a separate trial, also was convicted of First-Degree Murder and sentenced to death in 1991.  His appeals history resembles Archer’s.  The Florida Supreme Court in 1993 affirmed his conviction, but remanded the sentence.  A new jury resentenced Bonifay to death in 1994.  The Supreme Court affirmed the sentence in 1996. 

Clifford Barth in 1991 received a life sentence for his role in the murder.

Trial Summary:

07/18/91          Defendant found guilty of one count of Felony Murder, one count of Robbery and one count of Grand Theft as charged in the indictment.

07/19/91          Upon advisory sentencing, the trial jury recommended the death penalty by a 7 to 5 vote.

09/20/91          Defendant was sentenced to death.

10/27/93          New jury recommended the death penalty by a 7 to 5 vote.

01/19/94          Defendant was resentenced to death.

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #78,701

613 So. 2d 446

10/02/91          Appeal filed.

01/28/93          FSC affirmed the conviction and remanded for resentencing.

03/04/93          Rehearing denied.

04/05/93          Mandate issued.

Florida Supreme Court – Direct Appeal (Resentencing)

FSC #83,258

673 So. 2d 17

02/28/94          Appeal filed.

08/29/95          FSC affirmed the conviction and sentence of death.

05/01/96          Rehearing denied.

06/05/96          Mandate issued.

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #96-5054

519 U.S. 876

06/05/96          Petition filed.

10/07/96          Petition denied.

State Circuit Court – 3.850 Motion

CC #91-0606-A

09/19/97          Shell motion filed.

02/22/00          Amended motion filed.

02/25/04          Motion denied.

Florida Supreme Court – 3.850 Motion Appeal

FSC #04-451

934 So. 2d 1187

03/19/04          Appeal filed.

06/29/06          FSC affirmed denial of motion.

10/05/06          Mandate issued.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #05-696

934 So. 2d 1187

04/22/05          Petition filed.

06/29/06          FSC denied petition.

10/05/06          Mandate issued.

United States District Court, Northern District- Petition for Writ of Habeas Corpus

USDC # 06-00312

07/18/06          Petition filed.

11/06/06          Amended petition filed.

03/03/08          Petition denied.

United States Court of Appeals, 11^th Circuit – Habeas Appeal

USCA #08-11963

05/14/08          Appeal filed.

10/17/08          Certificate of Appealability denied.

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #08-10315

130 S.Ct. 364

05/11/09 Petition filed.

10/05/09 Petition denied.

State Circuit Court – 3.851 Motion

CC #91-0606-A

11/30/10 Motion filed.

Factors Contributing to the Delay in the Imposition of the Sentence:

Archer’s 1991 death sentence was remanded for resentencing, which renewed the appeals process.  He was resentenced to death in 1994.  Archer’s 3.850 Motion was pending for nearly six years in the State Circuit Court. 

Case Information:

Archer filed a direct appeal with the Florida Supreme Court in 1991.  The defendant argued that the jury should not have been instructed on the heinous, atrocious or cruel aggravator because that aggravator did not apply to him.  The Supreme Court agreed and in 1993 affirmed the murder conviction, but remanded the sentence.  The defendant’s request for a rehearing was denied that same year.

The trial court resentenced Archer to death in 1994.  The Supreme Court affirmed the decision in 1996, and denied a request for a rehearing that same year.

The defendant then petitioned the United States Supreme Court for a Petition for Writ of Certiorari in 1996, which the court denied in the same year.

The defendant filed a shell 3.850 Motion in the State Circuit Court in 1997 and an amended motion in March 2000.  The motion was denied 02/25/04. 

Archer filed an appeal in the Florida Supreme Court on 03/19/04, citing the following issues: newly discovered evidence, as well as Giglio and Brady claims.  On 06/29/06, the FSC affirmed the denial of the motion. 

Archer filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 04/22/05, citing ineffective assistance of counsel claims.  On 06/29/06, the FSC denied the petition.

On 07/18/06, Archer filed a Petition for Writ of Habeas Corpus with the United States District Court, Northern District, which was amended on 11/06/06.  This petition was denied on 03/03/08.  Archer filed an appeal with the United States Court of Appeals on 05/14/08.  This appeal was denied on 10/17/08.

On 05/11/09, Archer filed a Petition for Writ of Certiorari with the United States Supreme Court that was denied on 10/05/09.

On 11/30/10, Archer filed a 3.851 motion in the Circuit Court. That motion is pending.

Institutional Adjustment:  ROBIN ARCHER DC #216728

DATE             DAYS             VIOLATION                                     LOCATION        

--------              ----               ----------------------------                         -------------------  

05/09/94          0                      ATTEMPT TO CONSPIRE               FSP

09/11/97          90                    SPOKEN THREATS                         FSP

05/18/05          0                      DISOBEYING ORDER                    UNION C.I.

03/28/01 – tb

03/28/01 – whs

01/07/11 – jjk