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.

The Registry Attorneys will be continued by the Justice Administration Commission.

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
DufourDonald 061222CCRC-MCase Summary

Last Action

DateCourtCase NumberLast Action
2/16/2009FSC09-2623.203 Appeal
7/23/2009FSC09-262Initial Brief filed
9/4/2009FSC09-262Initial Brief stricken
9/24/2009FSC09-262Amended Initial Brief
11/10/2009FSC09-262Answer Brief
12/28/2009FSC09-262Reply Brief
4/7/2010FSC09-262Oral Arguments scheduled
2/3/2011FSC09-2623.203 denial affirmed
2/18/2011FSC09-262Motion for rehearing
11/24/2004CC8205467 3.203 Motion
8/9/2005CC8205467Amended motion
8/6/2007CC8205467Evidentiary Hearing
10/11/2007CC8205467Evidentiary Hearing
2/25/2008CC8205467Evidentiary Hearing
4/14/2009CC8205467Status Conference

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
GruberMark S.Tampa, FL3801 Corporex Park Dr Ste 21033619813/740-3544Email
ReassignedCCRC-MTampa, FL3801 Corporex Park Dr Ste 21033619813/740-3544 


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date

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 changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes. 


DUFOUR, Donald (W/M)

DC#    061222

DOB:   03/22/56


­­­­Ninth Judicial Circuit, Orange County Case # 82-5467

Sentencing Judge: The Honorable Michael F. Cycmanick

Attorney, Trial: Jay P. Cohen – Private

Attorney, Direct Appeal: BrynnNewton – Assistant Public Defender

Attorney, Collateral Appeals:  Hunter Harris Chamberlin– CCRC-M


Date of Offense:          09/04/82

Date of Sentence:        07/03/84


Circumstances of Offense:


Donald Dufour’s former girlfriend,Stacey Sigler, testified that on the evening of 09/04/82, Dufourtold her that he planned to find a homosexual man, and then rob and killhim.  Dufour requested that Sigler drop him offat a bar and await his call.  About one hour later, he called Sigler tohave her pick him up at his brother’s house.  When she arrived, Dufour was searching the trunk of a car that Sigler did notrecognize and was wearing new jewelry – both the car and jewelry belonged tothe victim, later determined to be Zack Miller. 


An associate of Dufour, RobertTaylor, testified that Dufour told him that he (Dufour) had used a .25 caliber pistol to shoot Zack Millerin an orange grove and then take his car.  Taylor purchased a piece of thestolen jewelry from Dufour and helped him disassemblethe pistol and discard the pieces in a junkyard. 


Another associate of Dufour,Raymond Ryan, testified that Dufour told him of thekilling and admitted to stealing the jewelry.  Ryan also saw Dufour and Taylor disassemble the pistol. 


A prison acquaintance of Dufour,Henry Miller, testified that Dufour also told him thedetails of the murder.


Zack Miller was found in an orange grove, with two gunshotwounds to his back and head. 


Trial Summary:


01/20/83         Information presented by the State, charging one count of First-Degree


05/31/84         Jury returned a guilty verdict

05/31/84         Jury recommended a death sentence by a vote of 12-0

07/03/84         Sentenced to death


Additional Information:


On 03/06/86, Dufour pled nocontest and was sentenced to Life Imprisonment for the First-Degree Murder ofEdward Wise (Case# 83-319), committed on 07/04/82.  In return for theplea, the State agreed to drop another murder charge against Dufour for the murder of John Stinson, who was killed atthe same time as Wise.    


Dufour was convicted and sentencedto death for the 10/14/82 murder of Earl Peeples inMississippi.  Robert Taylor, who testified against Dufouras to the murder of the Florida man, was a codefendant of Dufourand was convicted and sentenced to death for another murder committed at thesame time as Dufour’s murder of Peeples.   


Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 65,694

495 So.2d 154


08/06/84         Appeal filed

09/04/86         FSC affirmed conviction and sentence

10/27/86         Rehearing denied

12/02/86         Mandate issued


U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 86-6194

479 U.S. 1101


12/27/86         Petition filed

02/23/87         USSC denied Petition


Circuit Court – 3.850 Motion

Case# 82-5467


09/21/92         Motion filed

10/16/01         Motion amended

05/30/03         Circuit Court denied Motion

Florida Supreme Court – 3.850 Motion Appeal

FSC# 03-1326

905 So.2d 42


07/30/03         Appeal filed

04/14/05         FSC affirmed denial of Motion

06/14/05         Rehearing denied

06/30/05         Mandate issued


Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 04-232

905 So.2d 42


02/19/04         Petition filed

04/14/05         FSC denied Petition

06/14/05         Rehearing denied

06/30/05         Mandate issued


Circuit Court – 3.203 Motion

CC# 82-5467


11/24/04         Motion filed

08/09/05         Motion amended

12/19/08         Motion denied


Florida Supreme Court – 3.203 Appeal

FSC# 09-262



02/16/09         Appeal filed

02/03/11          Denial affirmed

02/18/11          Motionfor rehearing



Factors Contributing to the Delay in Imposition ofSentence:


The time between the denial of the Petition for Writ ofCertiorari from the U.S. Supreme Court and the filing of the 3.850 Motion inthe Circuit Court (02/23/87 – 09/21/92 have contributed to the delay.  The3.850 Motion was pending from 09/21/92 – 05/30/03.


Case Information:


Dufour filed a Direct Appeal withthe Florida Supreme Court on 08/06/84, citing the following errors: denial of motion to suppress evidence; admission of evidence from Miller thatviolated his 6th Amendment right to counsel; denial of several motions formistrial (inappropriate prosecutorial evidence during opening statements);inappropriately limiting the cross-examination of Taylor; allowing a witness toread into evidence a statement made by Taylor; failure to issue a mistrial forprosecutorial comments during closing arguments that drew attention to Dufour’s failure to take the stand during the trial;conducting pretrial motion hearings in Dufour’sabsence; denial of Dufour’s motions for continuance;declining to impose sanctions for prosecutorial misconduct regarding discovery;forcing Dufour to wear leg shackles during trial ledto jury prejudice; denial of Dufour’s motion formistrial due to failure to dismiss a juror that had received a “strange” phonecall; denial of proposed special jury instructions during the penalty phase oftrial; admission of evidence of another murder in Mississippi; denial of amotion to strike death as a possible penalty due to failure to list allaggravating circumstances that might apply in the case; failure to establishtwo aggravating circumstances (avoiding a lawful arrest and cold, calculated,and premeditated murder); and unconstitutionality of Florida’s death penaltystatute.  The FSC affirmed the conviction and sentence on 09/04/86. 


Dufour filed a Petition for Writof Certiorari with the U.S. Supreme Court on 12/27/86 that was denied on02/23/87. 


Dufour filed a 3.850 Motion withthe Circuit Court on 09/21/92 and amended the Motion on 10/16/01.  On05/30/03, the Circuit Court denied the Motion.


Dufour filed a 3.850 Motion Appealwith the Florida Supreme Court on 07/30/03, primarily citing allegations ofineffective assistance of counsel.  On 04/14/05, the FSC affirmed the denialof the Motion.    


Dufour filed a Petition for Writof Habeas Corpus with the Florida Supreme Court on 02/19/04, citing allegationsof ineffective assistance of counsel.  On 04/14/05, the FSC denied thePetition.


Dufour filed a 3.203 Motion withthe Circuit Court on 11/24/04 and amended the motion on 8/9/05.  A partialEvidentiary Hearing was held on 08/06/07 and 10/11/07.  The motion wasdenied on 12/19/08.


Dufour filed a 3.203 Motion Appealwith the Florida Supreme Court on 02/16/09. The denial of Dufour’s3.203 motion was affirmed on 02/03/11. On 02/18/11, Dufour filed a motion for rehearing. That motion ispending.


Institutional Adjustment:





DATE                   DAYS                    VIOLATION                                       LOCATION       


09/05/78               30                           DISOBEYINGORDER                        LANTANA C.I.       

11/30/80               30                          POSS OFNEGOTIABLES                  MARIONC.I          

03/10/81                0                            BEING IN UNAUTH AREA              MARIONC.I          

03/30/81                0                            BEING IN UNAUTH AREA              MARIONC.I          




Report Date:    01/13/04          JFL

Approved:       01/26/04          WS

Updated:         03/18/11          JJK