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.

LOWE, Rodney Tyrone (B/M)

DC# 699349

DOB:  06/02/70

Nineteenth Judicial Circuit, Indian River County, Case#90-658

Sentencing Judge:  The Honorable Joe Wild

Trial Attorney:  Clifford H. Barnes – Assistant PublicDefender

Attorney, Direct Appeal:  Margaret Good – AssistantPublic Defender

Attorney, Collateral Appeals:  Rachel L. Day – CCRC-S

Date of Offense:  07/03/90

Date of Sentence:  05/01/91

Circumstances of the Offense:

The victim, Donna Burnell, worked as a clerk at the Nu Pakconvenience store in Indian River County. On the morning of 07/03/90, a manentered the store and shot her three times with a .32 caliber handgun. Ms.Burnell was shot in the face, head, and chest, which she died from on the wayto the hospital. The man left the scene without taking any money from thestore.

The police were able to link Rodney Lowe to the incident dueto the facts that his fingerprints were found at the scene and his vehicle wasseen leaving the parking lot of the convenience store. They brought him in forquestioning the following week. After having a brief conversation with hisgirlfriend, Lowe gave a statement that implicated him in the murder. He wasarrested after giving this statement.

Trial Summary:

07/25/90          Indicted as follows:

                                    Count I:           First-DegreeMurder

                                    Count II:         AttemptedRobbery with a Firearm

07/25/90          Lowe entered a written plea of not guilty

04/21/91          Jury returned guilty verdicts on allcounts of theindictment                    

04/22/91          Jury recommended death by a vote of 9-3

05/01/91          Sentenced as follows:

                                    Count I:           First-DegreeMurder – Death

Count II:         AttemptedRobbery with a Firearm – 15 years, to run consecutive to the sentence of CountI

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 77,972

650 So. 969

05/22/91         Appeal filed

11/23/94         FSC affirmed the conviction and sentence

03/09/95         Rehearing denied

04/11/95         Mandate issued

United States Supreme Court – Petition for Writ of Certiorari

USSC# 95-5292

516 U.S. 887

07/20/95         Petition filed

10/02/95         Petition denied

State Circuit Court – 3.850 Motion

CC# 90-658

03/19/97         Motion filed

09/20/00         Amended

04/27/01         Second amended

06/23/03         Third amended

08/11/04         Order denying second amended

State Circuit Court – 3.850 Motion

CC# 90-658

08/25/04          Successive motion filed

03/17/05          Order granting new penalty phase

Florida Supreme Court – 3.850 Appeal

FSC# 05-633  

2 So.3d 21

04/15/05          Appeal filed

11/06/08          Conviction affirmed, New penalty phasegranted

11/21/08          Motion for Rehearing filed

01/27/09          Rehearing denied

02/12/09          Mandate issued

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 05-2333

2 So.3d 21

12/30/05          Petition filed

11/06/08          Petition denied

Factors Contributing to the Delay in theImposition of the Sentence:

The direct appeal was pending just over two years before theFlorida Supreme Court rendered a decision.  The 3.850 motion has beenpending for seven years in the Circuit Court.

Case Information:

Lowe filed his direct appeal to the Florida Supreme Court on05/22/91. He raised ten issues in regards to the guilt phase of his trial andseven issues regarding the penalty phase. The main issue that Lowe raised waswhether the trial court erred in admitting his confession. He contended thatthe police used his girlfriend to coerce him to confess after he had invokedhis right to counsel. The Court found no merit in this claim and affirmedLowe’s convictions and death sentence on 11/23/94.

Lowe filed a Petition of Writ of Certiorari to the UnitedStates Supreme Court on 07/20/95, which was denied on 10/02/95.

Lowe filed a 3.850 Motion to the Circuit Court on 03/19/97. The motion was amended three times on the following dates: 09/20/00,04/27/01, and 06/23/03.  On 08/11/04, an order was rendered, denying thesecond amended motion.

On 08/25/04, Lowe filed a successive 3.850 Motion to theCircuit Court.  Based on new evidence, which indicated that Lowe had anaccomplice (Dwayne Blackmon) to the murder and robbery, Judge Hawley issued anorder granting a new penalty phase (consolidated order disposing the first,second, and second amended successive motions) on 03/17/05.  The evidencecame in the form of affidavits and testimony from people who implicate Blackmon,who died from a heart problem in August 2003, in Burnell’s murder.

On 04/15/05, Lowe filed a 3.850 Appeal to the FloridaSupreme Court.  On 11/06/08, the Florida Supreme Court affirmed the trialcourt’s disposition of granting a new penalty phase but affirming theconviction for First-Degree Murder.  On 11/21/08, Lowe filed a Motion forRehearing, which was denied on 01/27/09.  The Florida Supreme Court issued amandate in this case on 02/12/09.

On 12/20/05, Lowe filed a Petition for Writ of Habeas Corpusto the Florida Supreme Court.  On 11/06/08, the Florida Supreme Court deniedthe Habeas Petition.

Institutional Adjustment:

Report Date    11/19/01          NMP

Approved        12/01/01          WS

Updated          04/08/09          AEH