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.
PATTON, Robert Lester (W/M)
DC# 049448
DOB: 04/28/57
Eleventh Judicial Circuit, Dade County Case# 81-19702
Sentencing Judge: The Honorable Thomas E. Scott
Resentencing Judge: The Honorable Carol Gersten
Attorney, Trial: Marsha K. Lyons – Private
Attorneys, Direct Appeal: William L. Richey, Peter M. Siegel & Randall C. Berg – Private
Attorney, Collateral Appeals: Suzanne Keffer & Todd G. Scher – CCRC-S
Date of Offense: 09/02/81
Date of Sentence: 03/29/82
Date of Resentence: 05/15/89
Circumstances of the Offense:
On 09/02/81, Robert Lester Patton was driving a stolen car. A Miami police officer stopped the car because Patton was driving the wrong way on a one-way street. Patton abandoned the car and fled the scene on foot. The officer pursued Patton on foot down an alley. A witness testified that Patton hid in the alley, waited for the officer to approach, and then shot him. Other witnesses testified that they heard gunshots. Patton then stole another car at gunpoint and drove away.
The officer was shot twice. The first bullet pierced his heart, killing him instantly. The other bullet penetrated the officer’s foot indicating that he had been shot after he was dead and lying on the ground.
Patton was arrested on 09/02/81. On 09/04/81, the police obtained a search warrant to search Patton’s grandmother’s home. The gun, used to shoot the officer, was found beneath a heating grate.
Additional Information:
Previously, Patton had been adjudicated not guilty by reason of insanity on a charge of receiving stolen property and was involuntarily committed to the Department of Health and Rehabilitative Services for treatment in 1978.
Trial Summary:
09/02/81 Indicted as follows:
Count I: Grand Theft, Second-Degree
Count II: First-Degree Murder
Count III: Armed Robbery
10/09/81 Competency hearing was held (Defendant was found competent to stand trial. The trial court arraigned the defendant, who stood mute, and entered a plea of not guilty on his behalf)
02/22/82 Jury returned guilty verdicts on all counts of the indictment and the jury recommended death by a vote of 7-5
03/29/82 Sentenced as follows:
Count I: Grand Theft, Second-Degree – 5 Years
Count II: First-Degree Murder – Death
Count III: Armed Robbery – 110 years to run consecutive to Count II
06/11/85 Order vacating sentence and remanded to Circuit Court for resentencing
05/04/89 The jury recommended death by a vote of 11-1
05/15/89 The defendant was resentenced to death
FSC# 61,945
467 So. 2d 1985
04/01/82 Appeal filed
01/10/85 FSC affirmed convictions, vacated the death sentence, and remanded for resentencing
01/24/85 Motion for rehearing filed
04/18/85 Rehearing denied
06/03/85 Mandate issued
USSC# 84-6873
474 U.S. 876
06/08/85 Petition filed
10/07/85 Petition denied
USDC# 87-811
678 F.Supp. 1567
04/28/87 Petition filed
02/04/88 Petition was denied
United Stated Court of Appeals, 11th Circuit – Habeas Appeal
USCA# 88-5153
02/16/88 Appeal filed
01/13/89 USCA affirmed the USDC’s denial of the Habeas petition
05/26/89 Mandate issued
FSC# 74,318
598 So. 2d 60
06/01/89 Appeal filed
03/12/92 FSC affirmed the conviction and death sentence
04/10/92 Motion for rehearing filed
06/10/92 Rehearing denied
07/09/92 Mandate issued
USSC# 92-6784
507 U.S. 1019
10/21/92 Petition filed
04/05/93 Petition denied
CC# 81-19702
06/08/94 Motion filed
09/26/96 Motion denied
FSC# 89,669
784 So. 2d 380
01/10/97 Appeal filed
09/28/00 FSC remanded case to trial court for evidentiary hearing
10/23/00 Motion for rehearing filed
12/22/00 Rehearing denied
01/22/01 Mandate issued
Florida Supreme Court – 3.850 Appeal
FSC# 02-423
878 So.2d 368
02/25/02 Appeal filed
06/04/04 Motion for rehearing filed
05/20/04 Affirmed trial court’s denial
07/14/04 Rehearing denied
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 02-2158
878 So.2d 368
10/07/02 Petition filed
05/20/04 Petition denied
06/04/04 Motion for rehearing filed
07/14/04 Rehearing denied
United States District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 05-22228
08/12/05 Petition filed
08/28/06 Petition denied
01/04/07 Motion for Certificate of Appealability
01/30/07 Motion denied
United States Court of Appeals, 11th Circuit – Habeas Petition Appeal
USCA# 07-10625
08/08/07 Mandate affirming USDC disposition denying Motion for Certificate of Appealability
USSC# 07-10678
128 S.Ct. 2942
04/25/08 Petition filed
06/16/08 Petition denied
The Direct Appeal, Direct Appeal (Resentencing), and 3.850 Appeal, were each pending for three years before the Florida Supreme Court reached decision.
Patton filed a Direct Appeal to the Florida Supreme Court on 04/01/82. The Court affirmed the all of the convictions. The sentences for armed robbery and grand theft were affirmed, but the sentence of death was vacated. This decision was based on the fact that at the end of the penalty phase, the jury indicating that it was deadlocked in regards to the sentence. The judge instructed the jurors to deliberate further and they eventually returned with a death recommendation. The rehearing was denied on 04/18/85 and the mandate was issued on 06/03/85.
Patton filed a petition for Writ of Certiorari to the United States Supreme Court on 06/08/85. The petition was denied on 10/07/85.
Patton then filed a Petition for Writ of Habeas Corpus to the United States District Court (USDC), Southern District on 04/28/87. The Habeas was denied on 02/04/88. An appeal of this denial was filed in the United States Court of Appeals (USCA), 11th District on 02/16/88. The USCA affirmed the USDC’s denial of the Habeas on 01/13/89. A mandate was issued on 05/26/89.
On 06/11/85, the Florida Supreme Court issued an order vacating Patton’s death sentence. Patton’s case was remanded to the Circuit Court for resentencing. On 05/15/89 Patton was resentenced to death.
Patton filed a Direct Appeal to the Florida Supreme Court on 06/01/89. Patton raised seven issues in the appeal. One referred to the unconstitutionality of Florida’s death penalty, which the Court found without merit. Another issue referred to the jury instructions, which the Court found again without merit. The remaining issues constituted no error or without merit. The Court affirmed Patton’s death sentence on 03/12/92. The rehearing was denied on 06/10/92 and the mandate was issued on 07/09/92.
Patton filed a Petition for Writ of Certiorari to the United States Supreme Court on 10/21/92, which was denied on 04/05/93.
Patton then filed a 3.850 Motion to the Circuit Court on 06/08/94, which was denied on 09/26/96.
Patton filed a 3.850 Appeal to the Florida Supreme Court on 01/10/97. On 09/28/00, the Court remanded the case to the Circuit Court for an evidentiary hearing to further investigate the claim of ineffective counsel due to the fact that defense counsel failed to raise an intoxication or insanity defense in light of Patton’s history. He was denied relief after the evidentiary hearing was held. The rehearing was denied on 12/22/00 and the mandate was issued 01/22/01.
Patton filed another 3.850 Appeal to the Florida Supreme Court on 02/25/02. On 05/20/04, the Court affirmed the trial court’s denial of Patton’s 3.850 Motion.
Patton filed a Petition for a Writ of Habeas Corpus to the Florida Supreme Court on 10/07/02, which was denied on 05/20/04.
Patton filed a Petition for Writ of Habeas Corpus to the United States District Court, Southern District on 08/12/05. This petition was denied on 08/28/06. On 01/04/07, Patton filed a Motion for Certificate of Appealability that was denied on 01/30/07.
Patton then submitted a letter indicating his Notice of Appeal to the United States Court of Appeals, 11th Circuit. This court issued a mandate affirming the USDC disposition denying Patton a Certificate of Appealability.
On 04/25/08, Patton filed a Writ for Certiorari petition in the United States Supreme Court, which was denied on 06/16/08.
Institutional Adjustment:
|
DR TYPE |
DATE OF DR |
DISCIPLINE ONE |
DISCIPLINE TWO |
|
POSS OF NARCOTICS |
07/18/2000 |
DISCIPLINARY CONFINEMENT |
GAINTIME LOST |
|
DISOBEYING ORDER |
09/01/1985 |
NO DISCIPLINE |
NO DISCIPLINE |
|
DISORDERLY CONDUCT |
10/13/1985 |
NO DISCIPLINE |
NO DISCIPLINE |
|
ASSAULTS OR ATTEMPT |
11/11/1985 |
NO DISCIPLINE |
NO DISCIPLINE |
|
POSS OF NEGOTIABLES |
01/27/1988 |
NO DISCIPLINE |
NO DISCIPLINE |
|
POSS OF WEAPONS |
06/13/1988 |
NO DISCIPLINE |
NO DISCIPLINE |
|
UNAUTH USE ALC/DRUGS |
11/22/1995 |
NO DISCIPLINE |
NO DISCIPLINE |
|
UNARMED ASSAULT |
12/23/1995 |
NO DISCIPLINE |
NO DISCIPLINE |
|
DISORDERLY CONDUCT |
02/23/1997 |
NO DISCIPLINE |
NO DISCIPLINE |
|
REF. SUB. ABUSE TEST |
11/02/1998 |
DISCIPLINARY CONFINEMENT |
NO DISCIPLINE |
|
UNAUTH USE ALC/DRUGS |
05/26/1999 |
DISCIPLINARY CONFINEMENT |
GAINTIME LOST |
|
UNAUTH USE ALC/DRUGS |
03/08/2000 |
DISCIPLINARY CONFINEMENT |
PRIVILAGES SUSPENDED |
|
POSS OF CONTRABAND |
03/23/2000 |
DISCIPLINARY CONFINEMENT |
NO DISCIPLINE |
|
POSS OF CONTRABAND |
05/02/2000 |
DISCIPLINARY CONFINEMENT |
NO DISCIPLINE |
|
POSS OF CONTRABAND |
04/07/2001 |
DISCIPLINARY CONFINEMENT |
PRIVILAGES SUSPENDED |
Report Date: 02/05/02 NMP
Approved: 02/10/02 WS
Updated: 08/13/08 AEH