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.
ROBINSON, Michael (W/M)
DC #713735
DOB: 11/28/65
Ninth Judicial Circuit, Orange County, Case #CR94-9210
Sentencing Judge: The Honorable Dorothy Russell
Attorneys, Trial: Michael L. Irwin and Mark C. Bender –Private
Attorney, Direct Appeal: Charles S. Quarles – AssistantPublic Defender
Attorney, Collateral Appeals: James Lewis &Melissa Minsk Donoho – Registry/Federal
Date of Offense: 07/24/94
Date of Sentence: 04/12/95
Date of Re-sentence: 08/15/97
Circumstances of Offense:
Michael Robinson was convicted and sentenced to death forthe murder of his girlfriend, Jane Silvia.
On 08/08/94, Michael Robinson’s mother contacted thepolice. She told them that her son had admitted killing his girlfriend,Jane Silvia. Acting on this information, the police searched Robinson’srecently vacated residence. They discovered bloodstains on the carpet.
On 08/10/94, Robinson was arrested for unrelated misdemeanordrug charges. Robinson was read Miranda Warnings, which he waived. He told police that five drug dealers killed Silvia in his apartment when theywere trying to retrieve drug money. Robinson said that the men hit herwith a hammer and stole $100. After the men left, he buried the body.
On 08/16/94, Robinson told the police a different story andsaid that he stole items, such as electronic equipment, from Silvia’s place tobuy crack cocaine. The state determined that Robinson had an extensivehistory of drug abuse, including alcohol, marijuana and crack cocaine. Robinson’s mother sent money to Silvia to replace the items that Robinsonstole. Silvia and Robinson went to the drug dealer to whom Robinson hadsold the stolen items. The drug dealer told Robinson and Silvia that hehad sold Silvia’s property.
Robinson reported that on the night of the murder, 07/24/94,Silvia fell asleep on the couch. After she fell asleep, he retrieved along-handled, steel dry wall hammer with a waffle pattern head and a claw onthe back. When Robinson came back inside with the hammer, Silvia partiallywoke up. Robinson sat watching her and waited for her to fall backasleep. After Silvia fell back asleep, he walked around the back of thecouch and began hitting her in the head with the hammer, each time pushing itthrough her skull. He turned the hammer around and used the claw part onher also. Robinson then retrieved a serrated turkey carving knife. Hestuck the knife into the soft part of her throat and down into her chest tostop her from breathing and her heart from beating. He then wrappedSilvia’s body in material and buried her. Robinson took the police towhere he had buried Silvia.
Robinson told the police that he had loved Silvia, but hekilled her to stop her from confirming a police report that she had filed afterRobinson stole her belongings. Robinson also said that he killed Silviato retrieve money that she was keeping in her shoe.
Prior Incarceration History in the State of Florida:
| Offense Date | Offense | Sentence Date | County | Case No. | Prison Sentence Length |
| 01/24/86 | Cocaine-Possess | 08/31/88 | Lake | 8600101 | 2 Years |
| 01/24/86 | Marijuana-Sale/Purchase | 08/31/88 | Lake | 8600101 | 2 Years |
| 07/23/91 | Grand Theft Motor Vehicle | 11/25/91 | Marion | 9101862 | 3 Years |
| 07/23/91 | Burg/Dwell/Occup.Convey | 04/07/93 | Marion | 9101847 | 4 Years |
| 07/23/91 | Grand Theft, $300 Less & $20,000 | 04/07/93 | Marion | 9101847 | 4 Years |
| 07/23/91 | Grand Theft, $300 Less & $20,000 | 04/07/93 | Marion | 9101848 | 4 Years |
| 07/23/91 | BurgUnoccStruc/CV or Att. | 04/07/93 | Marion | 9101849 | 4 Years |
| 07/23/91 | Grand Theft Motor Vehicle | 04/07/93 | Marion | 9101849 | 4 Years |
| 07/23/91 | BURGUNOCCSTRUC/CV Or ATT. | 04/07/93 | Marion | 9101862 | 4 Years |
| 07/23/91 | Grand Theft, $300 Less & $20,000 | 04/07/93 | Marion | 9101862 | 4 Years |
| 09/30/92 | Grand Theft Motor Vehicle | 03/04/93 | Orange | 9210554 | 5 Years |
Trial Summary:
08/10/94 Robinson was arrested.
08/22/94 Robinson was indicted on the following:
Count I: First-Degree, Premeditated Murder (Jane Silvia)
01/23/95 Robinson pled guilty.
03/30/95 Robinson waived the right to a penalty phase jury.
04/12/95 Robinson was adjudicated guilty for Count I.
04/12/95 Robinson was sentenced as follows:
CountI: First-Degree,Premeditated Murder (Jane Silvia) – Death
11/21/96 FSC affirmed the conviction; however, FSC reversed the sentence.
08/15/97 Robinson was resentenced as follows:
CountI: First-Degree,Premeditated Murder (Jane Silvia) – Death
Appeals Summary:
Florida Supreme Court – Direct Appeal (First)
FSC #85,605
684 So. 2d 175 (Fla. 1996)
04/26/95 Appeal filed.
11/21/96 FSC affirmed the conviction; however, FSC reversed the sentence.
12/23/96 Mandate issued.
Florida Supreme Court – Direct Appeal (Second)
FSC #91,317
761 So. 2d 269 (Fla. 1999)
09/08/97 Appeal filed.
08/19/99 FSC affirmed the sentence.
10/25/99 Rehearing denied.
11/24/99 Mandate issued.
United State Supreme Court – Petition for Writ ofCertiorari
USSC #99-7993
529 U.S. 1057 (U.S. 2000)
01/24/00 Petition filed.
04/03/00 USSC denied the petition.
Circuit Court – 3.850 Motion
CC# CR94-9210
02/28/01 Motion filed.
10/10/01 Amended Motion filed.
05/15/03 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC# 03-1229
913 So.2d 514 (2005)
07/11/03 Appeal filed.
07/07/05 FSC affirmed the denial of Robinson’s 3.850 Motion.
10/18/05 Rehearing denied.
11/03/05 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# SC04-772
913 So.2d 514 (2005)
05/03/04 Petition filed.
07/07/05 Petition denied.
10/18/05 Rehearing denied.
11/03/05 Mandate issued.
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 05-cv-01808
12/06/05 Petition filed.
11/26/08 Petition denied.
12/09/08 Motion to Alter Judgment filed.
04/08/09 Motion to Alter Judgment denied.
United States Court of Appeals, 11thCircuit – Application for Certificate of Appealability
USCA# 09-12434
05/06/09 Application filed.
09/29/09 Certificate denied
United States Supreme Court – Petition for Writ ofCertiorari
USSC# 09-10481
131 S.Ct. 83
04/26/10 Petition filed.
10/04/10 Petition denied
Factors Contributing to the Delay in Execution ofSentence:
On the first Direct Appeal, the case was remanded to theCircuit Court for a new penalty phase hearing.
Case Information:
Robinson filed his first Direct Appeal in the FloridaSupreme Court on 04/26/95. The issues addressed included that the trial courterred in handling mitigation, finding pecuniary gain, and in finding the crimecold, calculated, and premeditated. The Florida Supreme Court found errorin the trial court’s handling of mitigating factors and affirmed theconviction, but remanded the case to the trial court for a new penalty phasehearing 11/21/96. A mandate was issued on 12/23/96.
On remand from the Florida Supreme Court for a new penaltyphase hearing, Robinson was resentenced to death on 08/15/97.
Robinson filed his second Direct Appeal in the FloridaSupreme Court on 09/08/97. The issues addressed included that the trialcourt erred in not allowing Robinson to withdraw his guilty plea, denyingRobinson additional funds for investigation, finding pecuniary gain, and in findingthe crime cold, calculated, and premeditated. Robinson also argued thatthe penalty of death was disproportionate to the crime committed. TheFlorida Supreme Court did not find errors that warranted reversing the sentenceand affirmed the sentence of Death on 08/19/99. Rehearing was denied on10/25/99. A mandate was issued on 11/24/99.
On 01/24/00, Robinson filed a Petition for Writ ofCertiorari in the United States Supreme Court. The petition was denied on04/03/00.
On 02/28/01, Robinson filed a 3.850 Motion in the circuitcourt. The circuit court denied the motion on 05/15/03.
Robinson filed a 3.850 Appeal in the Florida Supreme Courton 07/11/03. In his appeal, Robinson argued that the trial court erred indenying an evidentiary hearing on numerous claims of ineffective counsel, thatthe trial court violated the Eighth and Fourteenth Amendments, and that lethalinjection is unconstitutional. Robinson also raised issues regardingpublic records, his innocence and that he is insane and therefore cannot beexecuted. The Florida Supreme Court affirmed the denial of Robinson’sMotion on 07/07/05.
Robinson filed a Petition for Writ of Habeas Corpus in theFlorida Supreme Court on 05/03/04. In his petition, Robinson argued that erroroccurred in the Florida Supreme Court remanding him for a new penalty phasebefore the trial judge without a penalty phase jury present, that appellatecounsel was ineffective for not raising this issue in his Direct Appeal andthat his death sentence is unconstitutional under Ring v. Arizona, 536 U.S. 584(2002). The Court found Robinson’s first claim to be without merit andprocedurally barred since it had been raised previously in the 3.850proceedings. The Court also ruled that counsel cannot be deemedineffective for failing to raise a meritless issue and Robinson had lawfullywaived the right to a penalty phase jury which overrides his third claim. The Florida Supreme Court denied the petition on 07/07/05.
On 12/06/05, Robinson filed a Petition for Writ of HabeasCorpus in the United States District Court, Middle District. On 11/26/08,this Habeas Petition was denied. On 12/09/08, Robinson filed a Motion toAlter Judgment. This motion was denied on 04/08/09.
On 05/06/09, Robinson filed for a Certificate ofAppealability in the United States Court of Appeals, 11th Circuit.This certificate was denied on 09/29/09.
Robinson filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 04/26/10. This petition was denied on 10/04/10.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
06/18/95 60 POSS OF UNAUTH BEV. FSP
03/05/98 0 DISRESP.TO OFFICIALS UNION C. I.
06/21/00 0 DISORDERLY CONDUCT UNION C. I.
05/08/01 60 DISRESP.TOOFFICIALS UNION C. I.
09/10/01 30 FIGHTING UNION C. I.
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Report Date: 02/25/02 S.Q.
Approved: 05/06/02 W.S.
Updated: 12/07/10 EMJ