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.
DILLBECK,Donald David (W/M)
AKA: Dill Dillbeck, Robert Larry Greenwood
DC# 068610
DOB: 05/24/63
SecondJudicial Circuit, Leon County Case #90-2795
SentencingJudge: 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 ofOffense: 06/24/90
Date ofSentence: 03/15/91
Circumstancesof Offense:
Dillbeck was sentenced to life in prisonfor killing a policeman in 1979. While serving his sentence, he walkedaway from a public function he and other inmates were catering in Quincy,Florida. On June 24, 1990, he walked to Tallahassee and bought a paringknife, and attempted to hijack a car and driver from a shopping mall parkinglot. Faye Vann, who was seated in the car, resisted and Dillbeck stabbed her several times in the throat andabdomen, killing her. Dillbeck attempted to fleein the car, crashed and was arrested shortly thereafter.
Additionalinformation:
At thetime of the murder, Dillbeck was serving a lifesentence for killing a police officer in 1979.
TrialSummary:
07/18/90 Indicted on the following charges:
CountI: first-degreemurder
CountII: armed robbery
CountIII: 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 themurder conviction.
03/15/91 The defendant was sentenced as follows:
CountI: first-degreemurder – death
CountII: armed robbery – lifeimprisonment
CountIII: armed burglary – lifeimprisonment
AppealSummary:
FloridaSupreme Court, Direct Appeal
FSC#77,752
643So.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.
UnitedStates Supreme Court, Petition for Writ of Certiorari
USSC#94-7723
514 U.S.1022
01/17/95 Petition filed.
03/20/95 USSC denied petition for writ of certiorari.
StateCircuit Court, Second Judicial Circuit, 3.850 Motion
CC#90-2795
04/23/97 Motion filed.
04/16/01 Amended motion filed.
09/05/02 Circuit Court denied Motion.
FloridaSupreme Court – 3.850 Motion Appeal
FSC#02-2044
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.
FloridaSupreme Court – Petition for Writ of Habeas Corpus
FSC#03-1123
882 So.2d 969
06/23/03 Petition filed.
08/26/04 FSC denied Petition.
09/17/04 Mandate issued.
StateCircuit Court, Second Judicial Circuit, 3.850 Motion(on remand)
CC#90-2795
07/15/05 Circuit Court filed findings of fact and conclusions of law.
FloridaSupreme Court – 3.850 Motion Appeal
FSC#05-1561
964So.2d 95
08/09/05 Appeal filed.
05/10/07 FSC affirmed denial of motion.
09/12/07 Mandate issued.
UnitedStates District Court, Northern District – Petition for Writ of Habeas Corpus
USDC#07-00388
09/07/07 Petition filed.
02/04/10 Petition denied.
10/07/10 Certificate of Appealabilitydenied on limited remand.
United States Court of Appeals,Eleventh Circuit – Habeas Appeal
USCA#10-11042
(Pending)
02/23/10 Appeal filed.
09/13/10 Limited remand to USDC.
01/18/11 Certificate of Appealabilitydenied
FactorsContributing to the Delay in Imposition of Sentence:
Dillbeck’s 3.850 Motion was pending from04/23/97 until 09/05/02.
CaseInformation:
Dillbeck filed a Direct Appeal with theFlorida Supreme Court on 04/17/91, raising ten trial court errors. TheFSC chose to address only the following error claims: refusing to excuse threejurors for cause, failure to allow evidence of inability to form specificintent, requiring Dillbeck to submit to examinationby the State’s mental health expert, and improper finding of the escapeaggravating circumstance. The court affirmed the conviction and sentenceon 04/21/94.
Dillbeck filed a Petition for Writ ofCertiorari with the U.S. Supreme Court on 01/17/95 that was denied on 03/20/95.
Dillbeck filed a 3.850 Motion with thecircuit court on 04/23/97 that was denied on 09/05/02.
Dillbeck filed a 3.850 Motion Appeal withthe Florida Supreme Court on 09/18/02, citing ineffective assistance of counseland other claims. On 08/26/04, the FSC affirmed the denial of theineffective assistance of counsel claims, but remanded the other claims to theCircuit Court to enter findings of fact and conclusions of law.
Dillbeck filed a Petition for Writ ofHabeas Corpus with the Florida Supreme Court on 06/23/03, citing Ringclaims. On 08/26/04, the FSC denied the Petition.
On07/15/05, the Circuit Court filed findings of fact and conclusions of law forthe denial of the 3.850 Motion.
Dillbeck filed a 3.850 Motion Appeal withthe Florida Supreme Court on 08/09/05. On 05/10/07, the FSC affirmed thedenial of the motion. The mandate was issued on 09/12/07.
On09/07/07, Dillbeck filed a Petition for Writ ofHabeas Corpus in the United States District Court, Northern District that wasdenied on 02/04/10.
On02/23/10, Dillbeck filed a Habeas Appeal in theUnited States Court of Appeals, Eleventh Circuit, which is pending. On09/13/10, the United States Court of Appeals remanded the case back to theUnited States District Court for the limited purpose of addressing the issue ofwhether a Certificate of Appealability (COA) shouldbe issued in light of the Holland decision.On 10/07/10 the United States District court denied Dillbeck’sCOA. The United States Court of Appeals agreed with the district court and, on01/18/11 also denied the COA.
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
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.
________________________________________________________________
Reportdate: 05/24/01 TB
Approved: WHS
Updated: 01/27/11 JJK