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.


Inmate

Last NameFirst NamePictureDC NumberAgencyCase Summary
KoonRaymond 831760CCRC-NCase Summary

Last Action

DateCourtCase NumberLast Action
12/2/2005123456782-134 CFADead

Current Attorney


Cases


Last Updated

2008-01-09 11:43:13.0


Case Summary
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The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates this informationregularly.  This information; however, is subject to change and may not reflectthe latest status of an inmate’s case and should not be relied upon forstatistical or legal purposes. 

 

KOON, Raymond Leon (W/M)

DC# 831760

DOB:  01/12/32

 

­­­Twentieth Judicial Circuit, Collier County, Case # 82-134CFA

Sentencing Judge:  The Honorable Charles T. Carlton

Attorney, Trial:  Michael R.N. McDonnell – Private

Attorney, Direct Appeal:  Thomas S. Biggs, Jr. – Private

Attorney, Collateral Appeals:  Richard M. Creel – Registry

 

 

Date of Offense:  11/21/79

Date of Sentence:  01/28/83

Date of Resentence:  12/23/85

 

 

Circumstances of the Offense:

 

On 11/21/79, Raymond Leon Koon was convicted for the murderof Joseph Edward Dino. 

 

Dino, Koon’s counterfeiting consort, was arrested by a UnitedStates Secret Service agent on 03/20/79.  Following his arrest, Dino agreed tocooperate with the agency and mentioned the extent of his companionship withKoon.  On 05/31/79, Koon was arrested and charged with custody and the distributionof counterfeit money.  Koon was later indicted by a federal grand jury oncounterfeiting charges and Dino had agreed with the government to testifyagainst him.  The case never took place on the trial date due to Dino’s murderon 11/21/79.  As a result, the counterfeiting charges against Koon weredismissed.  Yet, Koon pled guilty to two federal counts:  the first on Dino’smurder and the second on a conspiracy to threaten a witness in a courtproceeding that resulted in Dino’s death. 

 

According to the facts provided by Koon’s nephew, J.L. Koon,the Koons made up false names and tricked Dino into meeting them for a businessmeeting at the parking lot of a lounge later that evening.  In preparation forthis meeting, Koon concealed a shotgun in the trunk of his nephew’s car.  Whenthe three met, a fist fight took place between Dino and Koon, leaving Dinoseverely beaten.  The Koons forced Dino into the nephew’s car, and drove to acanal west of Miami.  When they arrived, the nephew was ordered to remain inthe car while Koon and Dino walked down into a rockpit.  Minutes later,gunshots were heard and Dino was found dead in a lake by the nephew. 

 

 

Codefendant Information:

J.L. Koon

 

Koon’s nephew, J. L.Koon, who also pled guilty to Dino’s murder, was sentenced to ten years (CC#82-533).  He testified against his uncle on 11/28/79.  The nephew’s prosecutionwas conducted separately. 

 

 

Trial Summary:

 

02/16/82          Indictedas follows:

                                    CountI:            First-Degree Murder   

11/19/82          Juryreturned guilty verdicts on all counts of the indictment

11/22/82          Jury recommendeddeath by a vote of 12-0

01/28/83          Sentencedas follows:

                                    CountI:            First-Degree Murder – Death

12/23/85          Resentencedto death

                                   

 

Additional Information:

 

On 12/02/05, Raymond L.Koon died of natural causes.

 

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 63,322

463 So.2d 201 (1985)

 

02/24/83          Appealfiled

01/10/85          FSC reversedconviction and remanded for new trial

 

Florida Supreme Court – Direct Appeal (RS)

FSC# 68,132

513 So. 2d 1253 (1987)

 

01/06/86          Appealfiled

08/20/87          FSCaffirmed sentence and conviction

11/16/87          Rehearingdenied

12/21/87          Mandateissued

 

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 87-6223

485 U.S. 943 (1988)

 

01/14/88          Petitionfiled

03/07/88          Petitiondenied

 

State Circuit Court – 3.850 Motion

CC# 82-134 CFA

 

05/31/89          Motionfiled

11/22/89          Motiondenied

 

Florida Supreme Court – Petition for Writ ofHabeas Corpus

FSC# 74,245

619 So.2d 246 (1993)

 

06/01/89          Petitionfiled

03/25/93          Petitiondenied

06/09/93          Rehearingdenied and mandate issued

 

Florida Supreme Court – 3.850 Appeal

FSC# 75,380

619 So.2d 246 (1993)

 

01/26/90          Appealfiled

06/19/92          Motionfor rehearing filed

03/25/93          AffirmedCircuit Court’s denial

06/09/93          Rehearingdenied and mandate issued

 

United States District Court, Middle District –Petition for Writ of Habeas Corpus

USDC# 93,218

 

08/06/93          Petitionfiled

04/07/03          Casereopened

04/07/05          Petitiondenied

 

Florida Supreme Court – Petition for Writ ofHabeas Corpus

FSC# 03-1139

874 So.2d 1192 (2004)

 

06/23/03          Petitionfiled

05/04/04          Petitiondenied

 

 


Death Warrant:

 

05/01/89          Death warrant signed by GovernorRobert Martinez and execution was scheduled to take place on 07/07/89.

 

 

Clemency Hearing:

 

09/14/88          Clemency hearing held and denied

 

 

Factors Contributing to the Delay in Imposition ofSentence:

 

Koon was undergoingnumerous appeals upon the actual imposition of death sentence.  Having nodesire to legally represent himself, Koon was inconsistent with legalrepresentation, replacing almost every attorney, whether public or private,over the six-year period prior to his death resentencing. 

 

It took four years forthe Florida Supreme Court to rule on the first petition for the Writ of HabeasCorpus, and three years and five months to rule on the 3.850 motion.

 

 

Case Information:

 

On 02/24/83, Koon filed aDirect Appeal to the Florida Supreme Court.  Koon claimed that the federalprosecution and subsequent Florida prosecution violated the appellant’s rightagainst double jeopardy.  The Court rejected that appellant’s claim becausethere was no burden of proof that federal authorities had little or noindependent options in the state court proceedings.  Koon argued that the courterred in requiring his wife to testify on confidential relations between themduring the trial.  According to the husband-wife privilege of the FloridaStatutes, either spouse has the privilege to refuse disclosure on confidentialmatters and to prevent others from disclosing communication that was intendedto be confidential between the spouses.  The state, however, argued that thisprivilege had been waived by Koon in that he has the right to voluntarilydisclose communications so long as he does not have any reasonable expectationor consents to privacy.  The Court found requiring Koon’s wife to testify wasreversible error.  They reversed Koon’s conviction and remanded for a new trialon 01/10/85. 

 

On 12/25/85, Koon wasresentenced to death by the Circuit Court.  On 01/06/86, he filed a secondDirect Appeal to the Florida Supreme Court.  The Court affirmed Koon’s deathsentence on 08/20/87.

 

On 01/14/88, Koon filed aPetition for Writ of Certiorari to the United States Supreme Court, which wasdenied on 03/07/88.

 

On 05/31/89, Koon filed a3.850 Motion to the Circuit Court, which was denied on 11/22/89.

 

On 06/01/89, Koon filed aPetition for Writ of Habeas Corpus to the Florida Supreme Court, which wasdenied on 03/25/93.  The rehearing was denied and the mandate was issued on 06/09/93. 

 

Koon filed a 3.850 Appealto the Florida Supreme Court on 01/26/90, and the Court affirmed the CircuitCourt’s denial on 03/25/93.  On 06/09/93, the rehearing was denied and themandate was issued.

 

On 08/06/93, Koon filed aPetition for Writ of Habeas Corpus to the United States District Court, MiddleDistrict.  A stay was issued and the case was reopened on 04/07/03.  Thepetition was denied on 04/07/05.

 

Koon filed a Petition forWrit of Habeas Corpus on 06/23/03 to the Florida Supreme Court, which wasdenied on 05/04/04.  In the course ofthe petition, it was ordered on 07/23/03 that Richard M. Creel berecognized as Koon’s counsel of record.

________________________________________________________________________

 

Report Date:     10/12/04          NRC

Approved:        10/12/04          JFL

Updated:          12/03/07          AEH