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.
DILLBECK, Donald David (W/M)
AKA: Dill Dillbeck, Robert Larry Greenwood
Second Judicial Circuit, Leon County Case #90-2795
Sentencing Judge: The Honorable F.E. Steinmeyer III
Attorney, Trial: Randy P. Morrell – Assistant Public Defender
Attorney, Direct Appeal: David A. Davis – Assistant Public Defender
Attorney, Collateral Appeal: George Blow, III – Registry
Date of Offense: 06/24/90
Date of Sentence: 03/15/91
Circumstances of Offense:
Dillbeck was sentenced to life in prison for killing a policeman in 1979. While serving his sentence, he walked away from a public function he and other inmates were catering in Quincy, Florida. On June 24, 1990, he walked to Tallahassee and bought a paring knife, and attempted to hijack a car and driver from a shopping mall parking lot. Faye Vann, who was seated in the car, resisted and Dillbeck stabbed her several times in the throat and abdomen, killing her. Dillbeck attempted to flee in the car, crashed and was arrested shortly thereafter.
At the time of the murder, Dillbeck was serving a life sentence for killing a police officer in 1979.
07/18/90 Indicted on the following charges:
Count I: first-degree murder
Count II: armed robbery
Count III: armed burglary
02/26/91 The jury returned guilty verdicts on all counts of the indictment.
03/01/91 Upon advisory sentencing, the jury, by a vote of 8 to 4, recommended the
defendant be sentenced to death for the murder conviction.
03/15/91 The defendant was sentenced as follows:
Count I: first-degree murder – death
Count II: armed robbery – life imprisonment
Count III: armed burglary – life imprisonment
Florida Supreme Court, Direct Appeal
643 So.2d 1027 (1994)
04/17/91 Appeal filed.
04/21/94 FSC affirmed conviction and sentence.
10/18/94 Rehearing denied.
11/16/94 Mandate issued.
United States Supreme Court, Petition for Writ of Certiorari
514 U.S. 1022
01/17/95 Petition filed.
03/20/95 USSC denied petition for writ of certiorari.
State Circuit Court, Second Judicial Circuit, 3.850 Motion
04/23/97 Motion filed.
04/16/01 Amended motion filed.
09/05/02 Circuit Court denied Motion.
Florida Supreme Court – 3.850 Motion Appeal
882 So. 2d 969
09/18/02 Appeal filed.
08/26/04 FSC affirmed in part, remanded in part to CC to file findings of fact and
conclusions of law.
Florida Supreme Court – Petition for Writ of Habeas Corpus
882 So. 2d 969
06/23/03 Petition filed.
08/26/04 FSC denied Petition.
09/17/04 Mandate issued.
State Circuit Court, Second Judicial Circuit, 3.850 Motion (on remand)
07/15/05 Circuit Court filed findings of fact and conclusions of law.
Florida Supreme Court – 3.850 Motion Appeal
964 So.2d 95
08/09/05 Appeal filed.
05/10/07 FSC affirmed denial of motion.
09/12/07 Mandate issued.
United States District Court, Northern District – Petition for Writ of Habeas Corpus
09/07/07 Petition filed.
02/04/10 Petition denied.
10/07/10 Certificate of Appealability denied on limited remand.
United States Court of Appeals, Eleventh Circuit – Habeas Appeal
02/23/10 Appeal filed.
09/13/10 Limited remand to USDC.
01/18/11 Certificate of Appealability denied
Factors Contributing to the Delay in Imposition of Sentence:
Dillbeck’s 3.850 Motion was pending from 04/23/97 until 09/05/02.
Dillbeck filed a Direct Appeal with the Florida Supreme Court on 04/17/91, raising ten trial court errors. The FSC chose to address only the following error claims: refusing to excuse three jurors for cause, failure to allow evidence of inability to form specific intent, requiring Dillbeck to submit to examination by the State’s mental health expert, and improper finding of the escape aggravating circumstance. The court affirmed the conviction and sentence on 04/21/94.
Dillbeck filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/17/95 that was denied on 03/20/95.
Dillbeck filed a 3.850 Motion with the circuit court on 04/23/97 that was denied on 09/05/02.
Dillbeck filed a 3.850 Motion Appeal with the Florida Supreme Court on 09/18/02, citing ineffective assistance of counsel and other claims. On 08/26/04, the FSC affirmed the denial of the ineffective assistance of counsel claims, but remanded the other claims to the Circuit Court to enter findings of fact and conclusions of law.
Dillbeck filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 06/23/03, citing Ring claims. On 08/26/04, the FSC denied the Petition.
On 07/15/05, the Circuit Court filed findings of fact and conclusions of law for the denial of the 3.850 Motion.
Dillbeck filed a 3.850 Motion Appeal with the Florida Supreme Court on 08/09/05. On 05/10/07, the FSC affirmed the denial of the motion. The mandate was issued on 09/12/07.
On 09/07/07, Dillbeck filed a Petition for Writ of Habeas Corpus in the United States District Court, Northern District that was denied on 02/04/10.
On 02/23/10, Dillbeck filed a Habeas Appeal in the United States Court of Appeals, Eleventh Circuit, which is pending. On 09/13/10, the United States Court of Appeals remanded the case back to the United States District Court for the limited purpose of addressing the issue of whether a Certificate of Appealability (COA) should be issued in light of the Holland decision. On 10/07/10 the United States District court denied Dillbeck’s COA. The United States Court of Appeals agreed with the district court and, on 01/18/11 also denied the COA.
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
08/19/84 90 ASSAULTS OR ATTEMPT SUMTER C.I.
03/18/85 0 CONSUME INTOXICANTS SUMTER C.I.
05/19/93 0 POSS OF CONTRABAND UNION C. I.
Report date: 05/24/01 TB
Updated: 01/27/11 JJK