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.
MORRIS, Robert Dwayne (B/M)
DC# 550026
DOB: 03/03/63
Tenth Judicial Circuit, Polk County, Case# CF94-3961A1-XX
Sentencing Judge: The Honorable Robert A. Young
Trial Attorney: Rex Dimmig – Assistant Public Defender
Attorney, Direct Appeal: Steven L. Bolotin – AssistantPublic Defender
Attorney, Collateral Appeals: Richard E. Kiley &James V. Viggiano – CCRC-M
Date of Offense: 09/01/94
Date of Sentence: 04/13/99
Circumstances of the Offense:
Violet Livingston’s son discovered her body on the morningof 09/02/94. The body was found between two beds; both beds weredisheveled. The bed sheets were wrapped tightly around her head. Blood was found on the walls and the victim’s walking cane was found onone of the beds.
The medical examiner testified that the cause of death wasmultiple injuries. The victim had bruises, lacerations, rib fractures, abrain hemorrhage, and mechanical asphyxia due to suffocation. Theinjuries on her neck were consistent with her being strangled. She also haddefensive wounds on her right forearm, hand, and knee. Many of the woundswere consistent with being beaten with a cane. The sequence of woundscould not be determined, but the medical examiner testified that the victim wasalive during the beginning of the attack.
Outside of the apartment a screen was leaning against thebuilding. It had been taken off the kitchen window. The window wasstill closed, but the glass had been broken to gain entry into the apartment. A yellow chair had been placed under the porch light and the cover of thelight had been taken off and placed on the ground.
Morris’ fingerprints were found on a partially unscrewedlight bulb that was outside of the apartment. Morris’ fingerprints did notmatch any that were found inside of the apartment. Fluids containing DNAwere found in two locations on the victim’s body and on the curtain in thekitchen. These samples matched Morris’ DNA. Several of the victim’sbelongings were found in Morris’ possessions, some of which were coins from arare coin collection. Witnesses testified that Morris made purchases withrare coins at a gas station near the victim’s residence.
When Morris took the stand, he admitted that he attempted tosteal a bicycle from the victim’s apartment complex, but denied murdering thevictim. He also admitted that he unscrewed the light bulb and wentupstairs, because he had seen a bike at the top of the stairs. He statedthat he was unable to take the bike because it was locked.
Additional Information:
At the time of the murder, Morris was on parole in the stateof Missouri for two robbery convictions.
Trial Summary:
09/29/94 Indicted as follows:
Count I: First-Degree Murder
Count II: Burglary
Count III: Sexual Battery
Count IV: Armed Robbery
10/04/94 Defendant entered a plea of not guilty
09/25/97 Motion to sever Count III filed
10/03/97 Motion to sever was granted
12/30/98 Judgment of acquittal entered on Count III
03/04/99 Defendant was found guilty on all counts of the indictment
03/11/99 Jury recommended death by a vote of 8-4
04/13/99 Sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Burglary– Life
Count IV: Armed Robbery – Life
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 95,653
811 So. 2d 661
05/19/99 Appeal filed
02/21/02 FSC affirmed the conviction and sentence
03/14/02 Mandate issued
State Circuit Court – 3.850 Motion
CC# CF94-3961A1-XX
03/03/03 Motion filed
07/12/04 Order denying relief
Florida Supreme Court – 3.850 Appeal
FSC# 04-1594
931 So.2d 821
08/13/04 Appeal filed
04/20/06 FSC affirmed the trial court’s order denying Morris’s 3.850 Motion
06/02/06 Rehearing denied
06/19/06 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 05-227
931 So.2d 821
02/03/05 Petition filed
04/20/06 Petition denied
06/19/06 Mandate issued
United States District Court, Middle District –Petition for Writ of Habeas Corpus
USDC# 06-1289
07/12/06 Petitionfiled
09/30/09 Petition denied
United States Court of Appeals, 11th Circuit – HabeasAppeal
USCA# 09-15471
(Pending)
10/23/09 Appeal filed
Factors Contributing to the Delay in the Imposition ofthe Sentence:
It took the Florida Supreme Court three years to render a decisionon Morris’ direct appeal.
Case Information:
Morris filed a Direct Appeal to the Florida Supreme Court on05/19/99. Morris argued that the court should not have excluded thetestimony from one defense witness and that he should be granted a new trialdue to improper juror contact. The Court found no error and affirmedMorris’ conviction and sentence on 02/21/02. The mandate was issued on03/14/02.
On 03/03/03, Morris filed a 3.850 Motion to the CircuitCourt, which was denied on 07/12/04.
Morris filed a 3.850 Appeal to the Florida Supreme Court on08/13/04. On the 04/20/06, the Court affirmed the trial court’s orderdenying Morris’s 3.850 Motion. Based on the Court’s conclusion, Morrishas failed to establish that any of the claims raised on appeal have merit orare not procedurally barred, and determine that Morris was not deprived of afundamentally fair trial. Morris’s motion for a rehearing (filed in thiscase only) was denied on 06/02/06. The mandate was issued on 06/19/06.
Morris filed a Petition for Writ of Habeas Corpus to theFlorida Supreme Court on 02/03/05, which was denied on 04/20/06. Themandate was issued on 06/19/06.
On 07/12/06, Morris filed a Petition for Writ of HabeasCorpus to the United States District Court, Middle District, and it was deniedon 09/30/09.
On 10/23/09, Morris filed a Habeas Corpus Appeal in theUnited States Court of Appeals. This appeal is currently pending.
Report Date: 06/24/02 NMP
Approved: 07/01/02 WS
Updated: 11/10/09 EMJ