The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied onfor statistical or legal purposes.
ARCHER,Robin Lee (W/M)
DC# 216728
DOB:10/12/64
SentencingJudge: The Honorable Lacey Collier
ResentencingJudge: The Honorable T. Michael Jones
TrialAttorney: E. Brian Lang, Esq. – Private
Attorney,Retrial: Spiro Kypreos, Esq. – Private
Attorney,Direct Appeal: David A. Davis – Assistant Public Defender
Attorney,Direct Appeal, Resentencing: David A. Davis – Assistant Public Defender
Attorney,Collateral Appeals: Michael Reiter – Registry
Date ofOffense: 01/26/91
Date ofSentence: 09/20/91
Date ofResentence: 01/19/94
Circumstancesof Offense:
OnJanuary 26, 1991, Robin Lee Archer, through the acts of his cousin and threeaccomplices, murdered the victim, Billy Coker. The victim was shot todeath.
Archerwas fired from his job at an auto parts store in March 1990. Thefollowing January, he convinced his 17-year-old cousin, James Patrick Bonifay,to kill the clerk he blamed for his having been fired. Bonifay testifiedthat Archer told him to rob the store to conceal the motive for the killing andalso told him the location of the store’s cash box and emergency exit. Bonifay asked a friend to borrow a gun. Bonifay was not home when hisfriend brought the gun, so he gave it to Archer who, in turn, gave it toBonifay.
Bonifaytalked two friends into helping him, and the trio went to the parts store onthe night of January 25, 1990. Bonifay, however, could not go throughwith the plan, and they left. The following morning Archer chastisedBonifay for not killing the clerk and the three went back to the store thatnight. Bonifay and Clifford Barth each shot the clerk from outside thestore. They then crawled into the store through the parts window. After opening the cash boxes, Bonifay shot the clerk twice in the headexecution-style as he lay on the floor begging for his life. Archer laterrefused to pay Bonifay because he had killed the wrong clerk.
Bonifayconfessed to several people, one of who informed the authorities. Archer,Bonifay and Bonifay’s two friends were arrested. The defendants weretried separately. Archer’s jury convicted him of First-Degree Murder. He was sentenced to death.
CodefendantInformation:
JamesPatrick Bonifay, in a separate trial, also was convicted of First-Degree Murderand sentenced to death in 1991. His appeals history resemblesArcher’s. The Florida Supreme Court in 1993 affirmed his conviction, butremanded the sentence. A new jury resentenced Bonifay to death in1994. The Supreme Court affirmed the sentence in 1996.
CliffordBarth in 1991 received a life sentence for his role in the murder.
TrialSummary:
07/18/91 Defendant found guilty of one count of Felony Murder, one count of Robbery andone count of Grand Theft as charged in the indictment.
07/19/91 Upon advisory sentencing, the trial jury recommended the death penalty by a 7to 5 vote.
09/20/91 Defendant was sentenced to death.
10/27/93 New jury recommended the death penalty by a 7 to 5 vote.
01/19/94 Defendant was resentenced to death.
AppealSummary:
FloridaSupreme Court – Direct Appeal
FSC#78,701
613 So.2d 446
10/02/91 Appeal filed.
01/28/93 FSC affirmed the conviction and remanded for resentencing.
03/04/93 Rehearing denied.
04/05/93 Mandate issued.
FloridaSupreme Court – Direct Appeal (Resentencing)
FSC#83,258
673 So.2d 17
02/28/94 Appeal filed.
08/29/95 FSC affirmed the conviction and sentence of death.
05/01/96 Rehearing denied.
06/05/96 Mandate issued.
U.S.Supreme Court – Petition for Writ of Certiorari
USSC#96-5054
519 U.S.876
06/05/96 Petition filed.
10/07/96 Petition denied.
StateCircuit Court – 3.850 Motion
CC#91-0606-A
09/19/97 Shell motion filed.
02/22/00 Amended motion filed.
02/25/04 Motion denied.
FloridaSupreme Court – 3.850 Motion Appeal
FSC#04-451
934 So.2d 1187
03/19/04 Appeal filed.
06/29/06 FSC affirmed denial of motion.
10/05/06 Mandate issued.
FloridaSupreme Court – Petition for Writ of Habeas Corpus
FSC#05-696
934 So.2d 1187
04/22/05 Petition filed.
06/29/06 FSC denied petition.
10/05/06 Mandate issued.
UnitedStates District Court, Northern District- Petition for Writ of Habeas Corpus
USDC #06-00312
07/18/06 Petition filed.
11/06/06 Amended petition filed.
03/03/08 Petition denied.
UnitedStates Court of Appeals, 11th Circuit – Habeas Appeal
USCA#08-11963
05/14/08 Appeal filed.
10/17/08 Certificate of Appealability denied.
U.S.Supreme Court – Petition for Writ of Certiorari
USSC#08-10315
130 S.Ct. 364
05/11/09 Petition filed.
10/05/09 Petition denied.
StateCircuit Court – 3.851 Motion
CC#91-0606-A
11/30/10 Motion filed.
FactorsContributing to the Delay in the Imposition of the Sentence:
Archer’s1991 death sentence was remanded for resentencing, which renewed the appealsprocess. He was resentenced to death in 1994. Archer’s 3.850 Motionwas pending for nearly six years in the State Circuit Court.
CaseInformation:
Archerfiled a direct appeal with the Florida Supreme Court in 1991. Thedefendant argued that the jury should not have been instructed on the heinous,atrocious or cruel aggravator because that aggravator did not apply tohim. The Supreme Court agreed and in 1993 affirmed the murder conviction,but remanded the sentence. The defendant’s request for a rehearing wasdenied that same year.
Thetrial court resentenced Archer to death in 1994. The Supreme Courtaffirmed the decision in 1996, and denied a request for a rehearing that sameyear.
Thedefendant then petitioned the United States Supreme Court for a Petition forWrit of Certiorari in 1996, which the court denied in the same year.
Thedefendant filed a shell 3.850 Motion in the State Circuit Court in 1997 and anamended motion in March 2000. The motion was denied 02/25/04.
Archerfiled an appeal in the Florida Supreme Court on 03/19/04, citing the followingissues: newly discovered evidence, as well as Giglioand Brady claims. On 06/29/06, the FSC affirmed the denial of themotion.
Archerfiled a Petition for Writ of Habeas Corpus with the Florida Supreme Court on04/22/05, citing ineffective assistance of counsel claims. On 06/29/06,the FSC denied the petition.
On07/18/06, Archer filed a Petition for Writ of Habeas Corpus with the UnitedStates District Court, Northern District, which was amended on 11/06/06. This petition was denied on 03/03/08. Archer filed an appeal with theUnited States Court of Appeals on 05/14/08. This appeal was denied on10/17/08.
On05/11/09, Archer filed a Petition for Writ of Certiorari with the United StatesSupreme Court that was denied on 10/05/09.
On11/30/10, Archer filed a 3.851 motion in the Circuit Court. That motion ispending.
Institutional Adjustment: ROBIN ARCHER DC #216728
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
05/09/94 0 ATTEMPT TO CONSPIRE FSP
09/11/97 90 SPOKENTHREATS FSP
05/18/05 0 DISOBEYING ORDER UNION C.I.
03/28/01– tb
03/28/01– whs
01/07/11– jjk