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.

 

ORME, Roderick Michael (W/M)

DC#    726848

DOB:  11/24/61

 

Fourteenth Judicial Circuit, Bay County, Case# 92-442-I

Sentencing Judge:  The Honorable Judy M. Pittman

Attorneys, Trial:  Walter B. Smith – Assistant Public Defender; Russell Ramey, Michael Stone – Public Defender (RS)

Attorney, Direct Appeal:  David A. Davis – Assistant Public Defender; Russell Ramey – Public Defender (RS)

Attorney, Collateral Appeals: Todd Doss – Assistant Public Defender

 

Date of Offense:  03/03/92

Date of Sentence:  03/25/93

Date of Resentence: 07/23/07

 

Circumstances of the Offense:

 

Roderick Orme had known Ms. Redd, the victim, for a period of time prior to the offense. On 03/03/92, Orme called Ms. Redd to Lee’s Motel where he was staying. Orme had been freebasing cocaine and was having a “bad high” so he called Ms. Redd because she was a nurse. Orme stated that Ms. Redd arrived at his hotel room sometime between 7:00 p.m. and 8:30 p.m., according to his first statement, and between 9:00 p.m. and 10:00 p.m., according to his second statement. According to Orme, Ms. Redd knocked the crack pipe out of his hand, which caused the loss of his drugs. She also placed several pieces of crack into the toilet. Orme then left, took Ms. Redd’s purse and used her car keys to drive her car to ‘go partying.’  Orme stated that he returned to the hotel a number of times and that it was still dark outside when he realized something was wrong, but he could not enter the room because he had left the motel key in the room. In both of Orme’s statements to the police, he did not admit to any part of the murder to Ms. Redd.

 

On the morning of 03/04/92, Orme showed up at a recovery center in Panama City, FL. One year prior to this date he had been treated at this same facility for an extensive substance abuse history. On this morning, Orme was disoriented and unable to respond to questions, yet he managed to write “LEE’S MOT RM15.” Orme’s face was flushed and he was displaying symptoms of delirium tremors, both of which are indicative of acute cocaine withdrawal. Orme’s blood tested positive for cocaine, and he was placed in intensive care for approximately thirty hours.  Orme was also in possession of illegal barbiturates.

 

An individual at the recovery center placed a telephone call to Lee’s Motel and asked to have room 15 checked. When the owner of the motel checked the room, he found the body of Lisa Redd. The body had been badly beaten, and the cause of death was strangulation. Semen samples were taken. Those from the orifices of the victim’s body were not matched, but a sample from the victim’s underpants matched Orme’s DNA. Orme’s underpants had blood that matched Orme’s and the victim’s. Orme’s fingerprints were found in the motel room. His wallet was found in the victim’s car, which was parked outside the motel. On 03/06/92 Orme was released from the hospital and then arrested.

 

Trial Summary:

 

03/26/92          Indicted as follows:

                                    Count I:           First-Degree Murder

                                    Count II:         Robbery

                                    Count III:        Sexual Battery with Physical Force

03/27/92          Defendant entered a written plea of not guilty

02/06/93          Jury returned guilty verdicts on all counts of the indictment

03/01/93          Jury recommended death by a vote of 7-5

03/25/93          Sentenced as follows:

                                    Count I:           First-Degree Murder – Death

                                    Count II:         Robbery – 15years

                                    Count III:        Sexual Battery with Physical Force – 22 years

02/24/05          Trial remanded to Circuit Court for resentencing by FSC

05/17/07          Jury recommended death by a vote of 11-1

07/23/07          Defendant was resentenced to death on Count I, First-Degree Murder

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 81.645

677 So. 2d 258

 

04/23/93          Appeal filed

05/02/96          FSC affirmed the conviction and sentence

07/23/96          Rehearing denied

08/22/96          Mandate issued

 

United States Supreme Court – Petition for Writ of Habeas Corpus

USSC# 96-6305

519 U.S. 1079

 

10/11/96          Petition filed

01/13/97          Petition denied

 

State Circuit Court – 3.850 Motion

CC# 92-0442

 

12/17/97          Motion filed

03/08/02          Motion denied

 

Florida Supreme Court – 3.850 Appeal

FSC# 02-2625

896 So.2d 725

 

12/10/02          Appeal filed

02/24/05          FSC reversed trial court’s denial of 3.850 Motion and remanded for resentencing

03/17/05          Mandate issued

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 03-1375

896 So.2d 725

 

08/07/03          Petition filed

02/24/05          Petition denied

03/17/05          Mandate issued

 

State Circuit Court – 3.853 Motion

CC# 92-0442

 

12/09/05          Exparte motion filed

12/22/05          Motion held

02/16/06          Signed release of evidence for DNA testing

 

Florida Supreme Court – Direct Appeal (Re-sentencing)

FSC# 08-182

25 So.3d 536

 

02/08/08         Appeal filed

06/01/09         Oral Arguments

11/19/09         FSC affirmed the sentence of the lower court

12/02/09          Motion for rehearing filed

01/08/10          Motion denied

01/25/10          Mandate issued

 

United States Supreme Court – Petition for Writ of Certiorari

USSC# 09-10042

130 S.Ct. 3391

 

04/01/10          Petition filed

07/07/10          Petition denied

 

 

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

 

Orme’s Direct Appeal was pending for three years until the Florida Supreme Court was able to render a decision.  The 3.850 Motion was pending for approximately five years until the Circuit Court was able to render a decision.

 

Case Information:

 

Orme filed a Direct Appeal on 04/23/93 to the Florida Supreme Court. Orme raised eight issues on the direct appeal; the main issue argues that the trial court should have directed a judgment of acquittal on grounds that the case against him was circumstantial and the State failed to disprove all reasonable hypotheses of innocence. The Florida Supreme Court found there was competent substantial evidence that supported the conclusion that the State had presented adequate evidence refuting Orme’s theory, that an unknown assailant killed Ms. Redd in his absence, creating inconsistency between the State and defense theories. The Court affirmed his conviction and sentence on 05/02/96.

 

Orme filed a Petition for Writ of Certiorari on 10/11/96 to the United States Supreme Court. The petition was denied on 01/13/97.

 

Orme filed a 3.850 Motion to the Circuit Court on 12/17/97. The motion was denied on 03/08/02.

 

Orme filed a 3.850 Appeal to the Florida Supreme Court on 12/10/02.  The Court reversed the trial court’s denial of the 3.850 Motion and remanded the case for resentencing on 02/24/05.  The decision was based on ineffective assistance of counsel during the penalty phase for the failure to investigate and present Orme’s bipolar disorder diagnosis.  On all other claims raised in Orme’s appeal, the Court affirmed.  The mandate was issued on 03/17/05.

 

Orme then filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 08/07/03, which was denied on 02/24/05.  The mandate was issued on 03/17/05.

 

On 12/09/05, Orme filed a 3.853 Motion to the Circuit Court.  This motion was held by the court on 12/22/05.  The order releasing evidence for DNA testing was entered on 02/16/06.

 

By the Florida Supreme Court’s 03/17/05 mandate, Orme received a new penalty phase in the State Circuit Court.  He was re-sentenced to death on 07/23/07.

 

Orme then filed a second Direct Appeal in the Florida Supreme Court on 02/08/08 citing the following issues: Consideration of remorse as a mitigator; Inquiry of prospective jurors; Refusal to dismiss venire; Waiver of right to sentencing option of Life in Prison without Possibility of Parole for twenty-five years; Consideration of other mitigating factors; Pecuniary gain aggravator; Heinous, atrocious, and cruel aggravator; Sexual battery aggravator; Ring v. Arizona; and Proportionality of death sentence. Oral Arguments were held on 06/01/09. The sentence was affirmed on 11/19/09. Orme filed a motion for rehearing on 12/02/09, and the motion was denied on 01/08/10.

 

On 04/01/10, Orme filed a Petition for Writ of Certiorari in the United State Supreme Court. This petition was denied on 07/07/10.

 

Institutional Adjustment:

 

 

DRTYPE

DATEOFDR

GAIN TIME

DISCIPLINEONE

DR

DISCIPLINETWO

DRACTY2

 

 

DAYS LOST

 

PUNISHMENT

 

 

 

 

TO DR

 

DAYS

 

 

POSS OF NARCOTICS

09/01/1994

.

NO DISCIPLINE

.

NO DISCIPLINE

 

POSS OF UNAUTH BEV

07/27/1995

0

NO DISCIPLINE

.

NO DISCIPLINE

 

POSS OF CONTRABAND

10/07/1995

0

NO DISCIPLINE

.

NO DISCIPLINE

 

UNAUTH USE ALC/DRUGS

11/02/1998

180

DISCIPLINARY CONFINEMENT

60

GAINTIME LOST

G

DISOBEYING ORDER

08/01/2001

0

PRIVILAGES SUSPENDED

14

NO DISCIPLINE

 

DISOBEYING ORDER

09/04/2001

60

DISCIPLINARY CONFINEMENT

30

GAINTIME LOST

G

 

 

_____________________________________________________________________

 

Report Date:   11/30/01          NMP

Approved:       02/15/01          WS

Updated:         10/05/10          EMJ