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 uponfor statistical or legal purposes.
PEEDE, Robert Ira (W/M)
DC# 093094
DOB: 06/30/44
Ninth Judicial Circuit, Orange County Case# CR83-1682
Sentencing Judge: The Honorable Michael F. Cycmanick
Trial Attorney: Theotis Bronson – Assistant PublicDefender
Attorney, Direct Appeal: Larry B. Henderson –Assistant Public Defender
Attorney, Collateral Appeals: Linda M. McDermott –CCRC-S
Date of Offense: 03/31/83
Date of Sentence: 03/05/84
Circumstances of the Offense:
Robert Ira Peede drove his motorcycle from Hillsboro, NorthCarolina to Jacksonville, Florida on 03/30/83 with the intent of getting hisestranged wife, Darla Peede, to return to North Carolina with him. The fullextent of his plan was to use Ms. Peede as a decoy to lure his former wife,Geraldine, and her current boyfriend, Calvin Wagner, to a motel where he wasgoing to kill them. He sold his motorcycle and flew to Miami, Florida. Atapproximately 5:15 p.m., Peede called Darla and requested that she come pickhim up at the airport. Darla agreed but prior to her departure she left strictinstructions with her daughter to call the police if she was not back bymidnight and to give them the license plate number of her car. Darla also gaveher daughter both Geraldine’s and the Hillsboro Police Department’s phonenumbers. Darla feared that she would be forced to return to North Carolina andwould be killed with the others. She purposefully only took her purse with herwhen she left her home.
According to Peede’s statements, Darla picked him up at theairport. He then directed her to drive north on Interstate 95. The twomistakenly got on to the turnpike heading toward Orlando. As some point thesong “Swinging” came on the radio. Due to Peede’s belief that Darla andGeraldine had placed an ad for sexual partners in the national magazine“Swinger,” Peede superficially cut Darla in the side with his knife.
On the way to Orlando, the two picked up a hitchhiker. Thehitchhiker drove the car while the two had intercourse in the back seat. Darlaremained in the back seat and the hitchhiker was dropped off in Orlando. Peededrove toward Daytona Beach on I-4. The two began discussing Peede’s idea aboutthe advertisement in the magazine “Swingers.” About five or six miles outsideof Orlando, Peede stopped the car on the shoulder of the road, jumped into theback seat, and stabbed Darla in the neck. This wound resulted in Darla bleedingto death within five to fifteen minutes.
Peede continued to drive to North Carolina. He discardedDarla’s body in a wooded area in Camden, Georgia. Peede threw his knife out ofthe car window at some point during the drive. Peede still had intentions ofcarrying out the murders of Geraldine and Calvin; his shotgun was loaded andplaced by the door when he was arrested. Peede was arrested at his home in Hillsboro,North Carolina. Darla’s car was parked outside of his residence. The car’sinterior was heavily bloodstained.
Peede wrote out a confession stating that he killed Darla bystabbing her in the throat. Peede also asked for the death penalty and for thissentence to be carried out as soon as possible.
Trial Summary:
05/25/83 Indicted as follows:
Count I: First-DegreeMurder
05/31/83 Defendant pled not guilty
02/17/84 Jury returned guilty verdicts on allcounts of the indictment
03/05/84 Jury recommended death by a vote of 11-1
03/05/84 Sentenced as follows:
Count I: First-DegreeMurder – Death
Appeal Summary:
Florida State Supreme Court – Direct Appeal
FSC# 65, 318
474 So. 2d 808
04/05/84 Appeal filed
08/15/85 FSC affirmed the conviction and sentence
09/04/85 Rehearing denied
10/11/85 Mandate issued
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 85-6974
477 U.S. 909
12/05/85 Petition filed
06/23/86 Petition denied
State Circuit Court – 3.850 Motion
CC# 86-1682
06/06/88 Motion filed
06/21/96 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 90,002
748 So. 253
03/03/97 Appeal filed
08/19/99 FSC affirmed the trial’s court denial of the postconviction relief in part,
and reserved andremanded for evidentiary hearing to Circuit Court
09/20/99 Mandate issued
State Circuit Court – 3.850 Motion
CC# 86-1682
08/19/99 On remand from Florida Supreme Court.
08/12/04 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 04-2094
955 So.2d 480
10/29/04 Appeal filed
01/11/07 FSC affirmed trial court’s denial of Peede’s 3.850 Motion
01/26/07 Motion for Rehearing denied
05/09/07 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 05-1885
955 So.2d 480
10/07/05 Petition filed
01/11/07 Petition denied
01/26/07 Motion for Rehearing denied
05/09/07 Mandate issued
United States District Court, Middle District – HabeasPetition
USDC# 08-732
(Pending)
05/05/08 Petition filed
State Circuit Court – Successive 3.850 Motion
CC# 86-1682
(Pending)
11/23/10 Motion filed
12/20/10 State Response
Warrants:
05/06/88 Death Warrant signed by Governor Bob Martinez
06/24/88 Circuit Court granted a stay of execution
Clemency:
12/07/87 Clemency hearing held (denied)
Factors Contributing to the Delay in the Imposition ofthe Sentence:
The main delay in this case was that the 3.850 motion waspending in the circuit court for eight years. The Florida Supreme Court statedthe following in reference to this delay:
“At the onset we feel obliged to comment on the inexplicabledelay in this case. As previously mentioned, on 07/05/88, the trial court stayedPeede’s execution and on 10/07/88, it scheduled an evidentiary hearing for11/28/88. At this point, the State and Peede filed several motions forcontinuance. The trial court granted the motion on 09/15/89, and continued thecase indefinitely until a future date to be determined by the court. On10/06/89, Peede filed a notice of supplemental authority. This was the lastaction on the case until Peede filed his amended motion on 02/21/95, some sixyears later. There is no explanation for this time lapse in the record.However, we stress that the State is the party especially charged with theburden to see that these cases are disposed of in a timely matter, especiallyin cases where the State has received the final continuance.” See Peede V.Florida, 748 So. 2d 253 (Fla. 1999). Since being remanded to the circuit courtby the Florida Supreme Court, the 3.850 motion has currently been pending foralmost three years.
Case Information:
Peede filed a Direct Appeal to the Florida Supreme Court04/05/84. The main issue that Peede raised was that the trial judge erred inallowing Peede to excuse himself from attending his capital trial. The Courtruled the record supported the trial court’s finding that Peede knowingly andvoluntarily excused himself from the courtroom. The Court also stated adefendant can waive his right to be present at stages of his capital trial ifhe personally chooses to voluntarily absent himself; therefore, no reversibleerror was committed by the trial court. The Court affirmed Peede’s convictionand sentence on 08/15/85. The rehearing was denied on 09/04/85 and the mandatewas issued on 10/11/85.
Peede filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 12/05/85. The Petition was denied on 06/23/86.
Governor Bob Martinez signed Peede’s death warrant on05/06/88. Peede then filed a 3.850 motion to the Circuit Court on 06/06/88. Astay of execution was granted by the Circuit Court on 06/24/88, but the motionwas denied on 06/21/96.
Peede filed an appeal of the trial court’s denial of the3.850 Motion to the Florida Supreme Court on 03/03/97. The main issue raised inthis appeal was the fact that the trial court and the State conceded for theneed for an evidentiary hearing on certain claims and the trial court hadscheduled a four-day evidentiary hearing, but the hearing never took place andthe motion was denied. The Court affirmed the trial court summary denial ofmany of the claims, but remanded the case to the circuit court, on 08/19/99,for an evidentiary hearing to be held on Peede’s Brady claim, the majority ofhis ineffective assistance of counsel claims, his mental competence claims, andhis public records request. The motion was denied on 08/12/04.
On 10/29/04, Peede filed a 3.850 Appeal to the FloridaSupreme Court. Peede raised six claims during the appeal. First,Peede claimed the trial court erred in finding him competent to proceed withpost-conviction proceedings. Second, he argues that his counsel wasineffective during the penalty phase of his trial. Third, Peede claimedhe was denied an adequate mental health examination in violation of Ake v.Oklahoma. Fourth, Peede claimed the State withheld evidence from hismurder conviction in violation of Brady v. Maryland. Fifth, Peede claimedhe was incompetent to stand trial in 1984, which was denied by the trial courtas “wholly without merit.” Finally, Peede claimed the Florida deathpenalty statute is unconstitutional under Ring v. Arizona. The Courtconcluded there is no merit to Peede’s claims. On 01/11/07, the Courtaffirmed the trial court’s denial of Peede’s 3.850 Motion. On 01/26/07,the Court denied Peede’s Motion for a Rehearing. The mandate was issuedon 05/09/07.
On 10/07/05, Peede filed a Petition for Writ of Habeas Corpusto the Florida Supreme Court. Peede raised the following threeclaims: (1) ineffectiveness of appellate counsel, (2) his right toconfrontation under Crawford v. Washington was violated during his trial, and(3) the trial court and the State unconstitutionally minimized his jurors’sense of responsibility in violation of Caldwell v. Mississippi. TheCourt concluded there is no merit to Peede’s claims. On 01/11/07, theCourt denied Peede’s Petition for Writ of Habeas Corpus. On 01/26/07, theCourt denied Peede’s Motion for a Rehearing. The mandate was issued on05/09/07.
On 05/05/08, Peede filed a Habeas Petition in the UnitedStates District Court, Middle District. This case is currently pending.
On 11/23/10, Peede filed a Successive 3.850 Motion in theState Circuit Court. This motion is currently pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
04/03/85 0 DISOBEYING ORDER FLORIDASTATE PRISON
07/19/85 30 UNARMED ASSAULT FLORIDASTATE PRISON
09/08/88 30 SPOKEN THREATS FLORIDASTATE PRISON
08/14/89 60 UNARMED ASSAULT FLORIDASTATE PRISON
08/11/91 60 UNARMED ASSAULT FLORIDASTATE PRISON
08/11/91 30 DISOBEYING ORDER FLORIDASTATE PRISON
04/25/93 0 DISRESP.TOOFFICIALS UNION C.I.
04/26/93 0 DISRESP.TOOFFICIALS UNION C.I.
11/22/95 0 POSS OFNARCOTICS UNION C.I.
11/22/95 0 UNAUTH USE OFDRUGS UNION C.I.
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Report Date: 01/31/02 NMP
Approved: 02/06/02 WS
Updated: 03/22/11 CAR