The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

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These actions are effective July 1, 2011.

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Last NameFirst NamePictureDC NumberAgencyCase Summary
PeedeRobert 093094CCRC-SCase Summary

Last Action

DateCourtCase NumberLast Action
10/29/2004FSC04-20943.850 Appeal filed
1/11/2007FSC04-2094Disposition affirmed
1/26/2007FSC04-2094RH denied
10/7/2005FSC05-1885Habeas petition filed
1/11/2007FSC05-1885Habeas denied
1/26/2007FSC05-1885RH denied
5/5/2008USDC-M08-732Habeas Petition filed
11/23/2010CC83-1682Successive 3.850 Motion
12/20/2010CC83-1682State Response

Current Attorney


Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

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



05/05/08          Petition filed


State Circuit Court – Successive 3.850 Motion

CC# 86-1682



11/23/10          Motion filed

12/20/10          State Response




05/06/88         Death Warrant signed by Governor Bob Martinez

06/24/88         Circuit Court granted a stay of execution




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.         





Report Date:     01/31/02         NMP

Approved:       02/06/02          WS

Updated:         03/22/11          CAR