TheCommission on Capital Cases updates this information regularly. Thisinformation, however, is subject to change and may not reflect the lateststatus of an inmate’s case and should not be relied on for statistical or legalpurposes.

DOYLE,Daniel Lee 

AKA:  PlayboyDoyle

DC#    086006

DOB:  10/19/59

SeventeenthJudicial Circuit, Broward County Case #81-9310CF

TrialJudge:  The Honorable Leroy H. Moe

Attorney,Trial:  T. Don Tenbrook – Private

Attorney,Direct Appeal:  Michael D. Gelety – Private

Attorney,Collateral Appeals:  Talbot  D’Alemberte – Private

Date ofOffense:           09/05/81

Date ofSentence:         05/13/82

Circumstancesof Offense:

OnSeptember 5, 1981, Doyle was performing yard work in the yard of Pamela Kipp,Doyle’s neighbor and third cousin.  He later drove his truck which wasfull of branches and leaves to a nearby area to unload the debris. Witnesses reported seeing Kipp jogging in the same area at the same time. The victim never returned to her home.  During a search, a skeleton lateridentified as that of Monica Ruddick was discovered in the area where Doyle hadbeen dumping leaves.  A short while later, Kipp’s body was found about 200yards from the area where the defendant had been dumping leaves. Discovered near the body were a carpet and fresh tree clippings, as well asruts in the mud where a vehicle had been stuck.  Doyle’s truck had beenstuck in the mud in the area the day of the murder before another person helpedhim pull the vehicle out.  An examination revealed that strangulation wasthe cause of death and that the victim was sexually battered while still alive.

In anumber of statements, some of them recorded, Doyle admitted to having sex withKipp and killing her.  He said he was intoxicated at the time of themurder and could not remember the details.  It was reported at asuppression hearing that Doyle had undergone hypnosis in an attempt to recalladditional details of the murder, a session that lasted a hour and wasrecorded.  Doyle allegedly admitted the Kipp killing, as well as theRuddick killing, but later recanted and denied killing Ruddick.  However,both the tape of the session and all notes of the session were lost and neverrecovered.

Additionalinformation:

At aDecember 12, 1994 clemency board hearing, the governor and cabinet scheduledthis case to be placed on the clemency board agenda in 2020. Attorneys forDoyle argued he was mentally retarded.

TrialSummary:

09/23/81         Indicted on the following charges:

Count I:           first-degree murder

Count II:          sexual battery

04/02/82         The jury returned guilty verdicts on all counts of the indictment.

04/05/82         Upon advisory sentencing, the jury, by a vote of 8 to 4, recommended the

 death sentence for the murderconviction.

05/03/82         Defendant was sentenced as follows: 

Count I:           first-degree murder –death

Count II:          sexual battery – lifeimprisonment.

AppealSummary:

FloridaSupreme Court, Direct Appeal

FSC#62,212

460So.2d 353 (Fla. 1984)

06/18/82         Appeal filed.

10/18/84         FSC affirmed the conviction and sentence.

01/03/85         Rehearing denied.

02/06/85         Mandate issued.

StateCircuit Court, Seventeenth Judicial Circuit, 3.850 Motion

CC#81-9310CF

02/06/87         Motion filed.

05/16/88         Trial court denied 3.850 motion.

FloridaSupreme Court, Appeal of 3.850 Motion Denial

FSC#72,462

526So.2d 909 (Fla. 1988)

05/23/88         Appeal filed.

06/23/88         FSC affirmed denial of 3.850 motion.

FloridaSupreme Court, Petition for Writ of Habeas Corpus

FSC#72,529

526So.2d 909 (Fla. 1988)

06/06/88         Petition filed.

06/23/88         FSC denied petition for writ of habeas corpus.

UnitedStates District Court, Petition for Writ of Habeas Corpus

USDC#88-1174-CIV

06/27/88         Petition filed.

02/08/89         USDC vacated the sentence, remanded.

04/18/89         Rehearing denied.

UnitedStates Court of Appeals, 11th Circuit, Habeas Appeal (state filed)

USCA#89-5489

922 F.2d646 (1991)

05/25/89         State filed appeal.

01/14/91         USCA reversed district court’s order, reinstated death sentence.

03/27/91         Rehearing denied.

04/04/91         Mandate issued.

UnitedStates Supreme Court, Petition for Writ of Certiorari

USSC#91-5610

502 U.S.926 (1991)

08/26/91         Petition filed.

10/21/91         USSC denied petition for writ of certiorari.

FloridaSupreme Court, Petition for Writ of Habeas Corpus

FSC#84,321

655 So.2d 1120 (Fla. 1995)

09/06/94         Petition filed.

06/01/95         FSC denied petition for writ of habeas corpus.

Warrant:

05/06/88         Governor Martinez signed death warrant.

07/08/88         Scheduled execution date.

06/29/88         United States District Court, Southern District, granted stay of execution.

Clemency:

06/17/87         Hearing held (denied).

09/18/92         Hearing held (denied).

12/08/92         Hearing held. (under advisement)

12/12/94         Continued until 2020.

FactorsContributing to the Delay in Imposition of Sentence:

Therehas been no appeal activity since the Florida Supreme Court denied Doyle’ssecond petition for a writ of habeas corpus on 06/01/95.

CaseInformation:

Doylefiled a direct appeal with the Florida Supreme Court on 06/18/82, citing thefollowing trial court errors: denial of due process due to loss of evidence,failure to suppress confession, improper comments from the trial judge thatprejudiced the proceedings, and failure to find mitigating circumstances andimproper finding of aggravating circumstances.  The court affirmed theconviction and sentence on 10/18/84.

On02/06/87, Doyle filed a 3.850 motion with the trial court, which the courtdenied on 05/16/88. 

GovernorMartinez’s signing of a death warrant on 05/06/88 prompted Doyle to file threeappeals.  He first appealed the trial court’s denial of the 3.850 motionto the Florida Supreme Court on 05/23/88, then petitioned the court for a writof habeas corpus on 06/06/88.  In a consolidated opinion on 06/23/88, theFSC affirmed the 3.850 denial and denied the habeas petition.  Finally on06/27/88, Doyle petitioned the U.S. District Court, Southern District, for astay of execution and writ of habeas corpus.  The district court stayedthe execution on 06/29/88, and in granting habeas on 02/08/89 vacated thesentence and remanded, claiming that Doyle’s trial counsel was ineffectiveduring the penalty phase.

TheState, on 05/25/89, appealed the district court’s ruling to the U.S. Court ofAppeals, 11th Circuit.  On 01/14/91, the appeals court reversed thedistrict court’s ruling and reinstated the death sentence, saying that Doylefailed to establish that his trial counsel was ineffective at the sentencingphase.  The U.S. Supreme Court denied certiorari on 10/21/91.

Doylepetitioned the Florida Supreme Court for a second habeas writ on09/06/94.  He raised four claims: the jury instruction on the heinous,atrocious or cruel aggravating (HAC) factor was unconstitutionally vague;appellate counsel was ineffective for failing to raise the HAC issue on directappeal; the trial judge and prosecutor diminished the role of the jury insentencing; and the Florida Supreme Court erred on direct appeal when it failedto engage in a harmless error analysis after striking an aggravator.  Thecourt rejected the claims and denied the petition on 06/01/95. 

Thereare no appeals pending.

InstitutionalAdjustment:

THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATIONOF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

DATE     DAYS           VIOLATION                                  LOCATION      

02/08/83     0           DISORDERLY CONDUCT           CENTRAL OFFICE     

06/21/94     0             PART.INRIOTS                               UNION C. I.        

________________________________________________________________

Reportdate:    08/07/01 – tb

Approved:       whs

Updated:         06/02/03– jfl