The Commission on Capital Cases updates thisinformation regularly.  This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes.

RALEIGH, Bobby Allen (W/M)

DC #    124052

DOB:   07/22/74

­­­­Seventh Judicial Circuit, Volusia County, Case #94-00723

Sentencing Judge: The Honorable S. James Foxman

Attorney, Trial: Michael Teal – Private

Attorney, Direct Appeal: James B. Gibson – Assistant PublicDefender

Attorney, Collateral Appeals: Martin J. McClain – Registry 

Date of Offense:     06/05/94

Date of Sentence:   02/16/96

Circumstances of Offense:

On 06/05/94, Bobby Allen Raleigh and Domingo Figueroa wentto Club Europe in DeLand to confront Douglas Cox about allegedly slappingRaleigh’s mother.  They confronted Cox in the parking lot of the clubduring which Raleigh’s mother appeared and started screaming at Cox. Raleigh took his mother to his car and returned to Cox.  He thenapologized for his mother’s actions.  Raleigh and Cox shook hands andparted.

After leaving the club, Raleigh went to his home andretrieved guns.  With Figueroa, he then drove to Cox’s trailer.  Witha gun in his hand, Raleigh went to the front door of Cox’s trailer. Ronald Baker, a friend of Cox’s, met the men at the door of the trailer andtold them Cox was sleeping.  Raleigh and Figueroa drove down a nearby roadand parked. After some time had passed, they returned to the trailer.

Raleigh went to the back of the trailer and shot Cox threetimes in the head at close range.  Figueroa and Raleigh each shot TimothyEberlin, Cox’s roommate, until their guns jammed.  Eberlin was screamingso Raleigh beat him with his gun until he was quiet.

After the murders, Raleigh and Figueroa went to Raleigh’sresidence.  There they burned the clothes they had worn during themurders, dumped bullets into a neighbor’s yard, and hid their guns in a secretcompartment within Raleigh’s Subaru. 

That evening, the police went to Raleigh’s home. Raleigh agreed to speak with them, but denied playing a part in themurders.  However, after being informed that Figueroa had implicated himin the murders, Raleigh confessed to killing both Cox and Eberlin.  Hisconfession was taped.

Codefendant Information:

Domingo Figueroa (Volusia County Circuit Court #94-0724)

Domingo Figueroa, Raleigh’s codefendant, received three lifesentences for his part in the events that took place on 06/05/94. Figueroa was sentenced for three counts, two for first-degree murder and onecount of armed burglary.

Trial Summary:

06/21/94         Raleigh was indicted on the following:

                                   Count I:          First-degree Murder (Douglas Cox)

                                   Count II:         First-degree Murder(Timothy Eberlin)

                                   Count III:        Armed Burglary

                                   Count IV:        Shooting into Building

06/24/94         Raleigh pled not guilty.

06/06/95         Raleigh pled guilty as part of a plea agreement. The defendant pled guilty toCounts I and II, and the State agreed to nolle prosse Counts III and IV. Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the deathpenalty on Counts I and II.

02/16/96         Sentenced as follows:

                                   Count I:          First-degree Murder (Douglas Cox) – Death

                                   Count II:         First-degree Murder(Timothy Eberlin) – Death

                                   Count III:        Armed Burglary – NolleProsequi

                                   Count IV:        Shooting into a Building –Nolle Prosequi

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC #87,584

705 So. 2d 1324

03/18/96         Appeal filed

11/13/97         FSC affirmed the convictions and sentences

02/19/98         Rehearing denied

03/23/98         Mandate issued

United States Supreme Court – Petition of Writ ofCertiorari

USSC #97-9226

525 U.S. 841

05/20/98         Petition filed

10/05/98         Petition denied

Circuit Court, Seventh Circuit – 3.851 Motion

CC #94-00723

11/17/98         Motion filed

08/11/00         Amended motion filed

01/19/01         Amended motion filed

03/24/03         Motion denied

Florida Supreme Court—3.851 Appeal

FSC #03-710

932 So.2d 1054 (2006)

04/17/03         Appeal filed

06/01/06         The FSC affirmed the denial of Raleigh’s 3.851 Motion

06/22/06         Mandate issued

Circuit Court, Seventh Circuit – 3.851 Motion

CC #94-00723

06/23/03         Motion filed

08/06/03         Motion denied

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC #03-2282

932 So.2d 1054 (2006)

12/30/03         Petition filed

06/01/06         Petition denied

06/22/06         Mandate issued

United States Supreme Court –Petition for Writ ofCertiorari

USSC #05-11723

127 S.Ct. 183 (2006)

06/21/06         Petition filed

10/02/06         USSC denied petition

United States District Court, Middle District –Petition for Writ of Habeas Corpus

USDC# 07-00037

(Pending)

05/04/07          Petition filed

08/22/07          Amended petition filed

09/04/07          Motion to hold proceedings in abeyance

02/13/08          Motion granted

Circuit Court, Seventh Circuit – 3.851 Motion

CC #94-00723

05/11/07         Motion filed

03/11/08         Amended motion filed

07/16/08         Second amended motion filed

09/23/08         Third amended motion filed

01/15/09         Motion denied

Florida Supreme Court – 3.851 Appeal

FSC# 09-568

36 So.3d 84

03/30/09         Appealfiled

03/08/10          FSC affirmed disposition of the lowercourt

03/23/10          Motion for Rehearing filed

04/21/10          Motion denied

State Circuit Court – 3.851 Motion

CC# 94-00723

(Pending)

11/29/10          Motion filed

Factors Contributing to the Delay in the Imposition ofthe Sentence:

Raleigh filed a 3.850 in November of 1998, which took fouryears to be denied.

Case Information:

Raleigh filed a Direct Appeal in the Florida Supreme Courton 03/18/96 arguing a number of issues.  Raleigh argued that the trialjudge failed to instruct the jury that he had no prior criminal history as astatutory mitigator.  Further Raleigh argued that the trial courterroneously advised the jury to view the pecuniary gain of the armed robbery asan aggravator and failed to give the requested instruction on the CCPaggravator.  Raleigh also claimed that a juror was dismissed withoutlegitimate cause.  Next, Raleigh argued that several aggravators such asavoiding arrest were erroneously found to be true.  He also contended thatseveral mitigating factors were not given proper consideration.  Thesemitigating factors included such issues as being remorseful and cooperative andFigueroa receiving a life sentence.  Lastly, Raleigh argued that his deathsentence is proportionate.  The Florida Supreme Court found all fourteenof Raleigh’s claims to lack merit and therefore denied the appeal and affirmedthe convictions and sentences on 11/13/97. 

Raleigh petitioned the United States Supreme Court for aWrit of Certiorari on 05/20/98.  The petition was denied on 10/05/98.

Raleigh filed a 3.850 Motion in the Circuit Court on11/17/98.  The motion was amended on 08/11/00 and 01/19/01 andsubsequently denied on 03/24/03.

Raleigh filed a 3.851 Appeal in the Florida Supreme Court on04/17/03.  The court reviewed four claims made by Raleigh.  Raleighclaimed he received an inadequate mental health evaluation and had ineffectiveassistance of counsel.  Further, Raleigh claimed that the State knowinglypresented false testimonial evidence during his trial.  Lastly, he arguedthat his due process rights were violated by the State taking inconsistentpositions during trial on who was the principal actor in the murder ofEberlin.  On 06/01/06 after finding insufficient merit in his claims, theFlorida Supreme Court affirmed the denial of Raleigh’s 3.851 Motion.

On 06/23/03, Raleigh filed a 3.851 Motion in the CircuitCourt.  The motion was denied on 08/06/03.

On 12/30/03, Raleigh filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court.  Raleigh argued two claims both statingthat Florida’s capital sentencing statute is unconstitutional.  His firstclaim regarded Apprendi v. New Jersey, and his second claim related to Ring v.Arizona.  Raleigh’s petition was denied on 06/01/06. 

Raleigh filed a Petition for Writ of Certiorari on 06/21/06that was denied on 10/02/06. 

Raleigh filed a Petition for Writ of Habeas Corpus in theUnited States District Court, Middle District on 05/04/07. An amended petitionwas filed on 08/22/07. A motion to hold proceedings in abeyance was filed on09/04/07 and granted on 02/13/08.

On 05/11/07, Raleigh filed a 3.850 Motion in the StateCircuit Court.  On 03/11/08, Raleigh filed an Amended 3.850 Motion. On 07/16/08, Raleigh filed a second amended motion in the State CircuitCourt.  On 09/23/08, Raleigh filed a third amended motion in the StateCircuit Court. This motion was denied on 01/15/09.

On 03/30/09, Raleigh filed a 3.851 Appeal in the FloridaSupreme Court.  The Florida Supreme Court affirmed the disposition of thelower court on 03/08/10. A Motion for Rehearing was filed on 03/23/10. Thismotion was denied on 04/21/10.

Raleigh filed a 3.851 Motion in the State Circuit Court on11/29/10. This case is currently pending.

Institutional Adjustment:

________________________________________________________________________

Report Date:   12/04/01         S.Q.

Approved:       12/06/01         W.S.

Updated:         03/21/11         EMJ