TheCommission on Capital Cases updates this information regularly. Thisinformation, however, is subject to change and may not reflect the lateststatus of an inmate’s case and should not be relied on for statistical or legalpurposes.
PUIATTI,Carl (W/M)
DC# 716927
DOB: 10/03/62
SixthJudicial Circuit, Pasco County, Case# 83-1383CFBES
SentencingJudge: The Honorable Wayne L. Cobb
Judge,Collateral Appeal: The Honorable Maynard F. Swanson, Jr.
Attorneys,Trial: Howardene Garrett & William K. Eble – Assistant PublicDefenders
Attorney,Direct Appeal: Robert F. Moeller – Assistant Public Defender
Attorney,Collateral Appeals: Steven A. Reiss, Miranda Schiller, Erin J. Law &Joanna R. Varon – Counsel Pro Hac Vice
Date ofOffense: 08/16/83
Date ofSentence: 05/04/84
Circumstanceof Offense:
CarlPuiatti and Robert Dewey Glock abducted the victim, Sharilyn Ritchie, thenrobbed and shot her to death.
On08/16/83, Ritchie was confronted by Puiatti and Glock as she exited her car inthe parking lot of a Bradenton shopping mall. The pair forced Ritchieback into her car, then drove away with her. They took $50 from her purseand coerced her into cashing a $100 check at her bank. They then tookRitchie to an orange grove outside Dade City where they took the victim’swedding ring and abandoned her at the roadside. After traveling a shortdistance, the pair decided to kill the woman and they returned in the car toher. Puiatti shot her twice. They then drove away, but when theysaw she was still standing, they drove back and Glock shot her. When thewoman did not fall, the pair made a third pass with the car and Glock shot heragain.
Fourdays later, a New Jersey state trooper stopped the victim’s vehicle and foundtwo handguns inside. He arrested Puiatti and Glock on a weaponsviolation. Police later identified the handgun inside the car’s gloveboxas the murder weapon.
The nextday, Puiatti and Glock individually confessed to kidnapping, robbery andkilling the victim. The initial confessions varied, but on 08/24/83, bothmen gave a joint statement in which they agreed that Glock initially suggestedshooting the victim and that Puiatti fired the first shots and Glock fired thefinal shots.
CodefendantInformation:
RobertDewey Glock, II (DC# 093836)
For hisrole in the murder, Glock was jointly tried with Puiatti. He was representedby private counsel, Robert J. Trogolo. On 05/04/84, Glock received thedeath sentence for the murder and two life sentences for the armed robbery andkidnapping convictions (CC# 83-1383). Glock was executed on January 2001.
Additionalinformation:
At thetime of the murder, Puiatti was on probation after being convicted of burglaryand introducing contraband to a county facility.
TrialSummary:
10/13/83 Indicted as follows:
CountI: First-degreemurder
CountII: Kidnapping
CountIII: Armed robbery
03/23/84 Jury returned guilty verdicts on all counts of the indictment
03/25/84 Jury recommended death by a vote of 11-1
05/04/84 Sentenced as follows:
CountI: First-degreemurder – Death
CountII: Kidnapping – Life
CountIII: Armed robbery – Life
AppealsSummary:
FloridaSupreme Court – Direct Appeal
FSC#65,321
521So.2d 1106
05/15/84 Appeal filed
08/21/86 FSC affirmed the conviction and sentence
10/28/86 Rehearing denied
UnitedStates Supreme Court – Petition for Writ of Certiorari
USSC#86-6105
481 U.S.1027
12/24/86 Petition filed
04/27/87 USSC remanded petition to FSC
FloridaSupreme Court – Direct Appeal (on remand)
FSC#65,321
521So.2d 1106
04/27/87 USSC remanded to FSC
03/17/88 FSC affirmed the conviction and sentence
UnitedStates Supreme Court – Petition for Writ of Certiorari
USSC#87-7265
488 U.S.871
06/17/88 Petition filed
10/03/88 Petition denied
FloridaSupreme Court – Petition for Writ of Habeas Corpus
FSC#74,865
589So.2d 231
10/17/89 Petition filed
10/03/91 Petition denied
12/12/91 Rehearing denied
12/12/91 Mandate issued
StateCircuit Court – 3.850 Motion
CC#82-1383
02/27/90 Motion filed
04/27/90 Motion denied
FloridaSupreme Court – 3.850 Appeal
FSC#76,211
589So.2d 231
06/25/90 Appeal filed
10/03/91 FSC affirmed trial court’s denial of 3.850 Motion
12/12/91 Rehearing denied
12/12/91 Mandate issued
UnitedStates District Court, Middle District – Petition for Writ of Habeas Corpus
USDC#92-539
04/21/92 Petition filed
06/05/95 Order directing administrative closure
03/16/98 Case reopened
07/22/02 Order directing administrative closure
05/15/08 Case reopened
11/24/08 Amended Petition filed
08/14/09 Petition granted; Order granting new penalty phase.
StateCircuit Court – 3.850 Motion
CC#83-01383
01/30/03 Motion filed
06/03/03 Motion denied
FloridaSupreme Court – 3.850 Appeal
FSC#03-1329
906So.2d 1059 (2005)
07/11/03 Appeal filed
06/08/05 FSC affirmed trial court’s order denying successive 3.850 Motion
StateCircuit Court – 3.850 Motion
CC#83-1383CFBES
07/19/05 Successive motion filed
09/07/05 Order denying successive motion
Florida Supreme Court – 3.850 Appeal
FSC#05-1877
939So.2d 1060 (2006)
09/30/05 Appeal filed
09/11/06 FSC affirmed the trial court’s denial of Puiatti’s 3.850 Motion
UnitedStates Court of Appeals (11th Circuit) – State Appeal of USDC# 92-539
USCA#
(Pending)
10/26/09 Appeal filed
UnitedStates Court of Appeals (11th Circuit) – Appeal of USDC# 92-539
USCA# 09-15514P
11/16/09 Appeal filed
11/29/10 Reversed and Remanded to USDC.
Warrant:
09/27/89 Death warrant signed by Governor Bob Martinez
12/06/89 Scheduled execution date
10/24/89 Florida Supreme Court granted stay of execution
FactorsContributing to the Delay in the Imposition of the Sentence:
Delaysin this case stemmed primarily from the number of appeals filed, a remand, anda nine-year-old Habeas petition filed in United States District Court. The United States Supreme Court, in granting the Certiorari, remanded Puiatti’sDirect Appeal to the Florida Supreme Court after the Court denied it. Nearly four years passed from the filing of the Direct Appeal on 05/15/84 toits final disposition on 03/17/88. The defendant filed a second Petitionfor Writ of Certiorari to United States Supreme Court on 06/17/88. Priorto the United States District Court, Middle District, Habeas petition filed on04/21/92, Puiatti filed a Habeas petition to the Florida Supreme Court.
Caseinformation:
Puiattifiled a Direct Appeal to the Florida Supreme Court on 05/15/84. Amongseveral other arguments, Puiatti asserted that the trial court’s failure tosever his trial from Glock’s denied his right to confront Glock as to thoseportions of Glock’s initial confession which implicated Puiatti. TheCourt affirmed the trial court’s conviction and sentence on 08/21/86. Therehearing was denied on 10/28/86.
On12/24/86, Puiatti filed a Petition for Writ of Certiorari to the United StatesSupreme Court. The Court vacated the Florida Supreme Court’s decision andremanded the case on 04/27/87.
Onremand, on 04/27/87, the Florida Supreme Court held that the introduction ofthe individual interlocking confession of Glock and the joint confession washarmless error, even if it was an error. On 03/17/88, the Court affirmedthe conviction and sentence.
On06/17/88, Puiatti filed a Petition for Writ of Certiorari to the United StatesSupreme Court a second time, which was denied on 10/03/88.
Puiattifiled a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 10/17/89. Most of his claims involved ineffective counsel. On 02/27/90, he thenfiled a 3.850 Motion to the Circuit Court. After the Circuit Court deniedthe Motion on 04/27/90, Puiatti appealed the decision to the Florida SupremeCourt. Most of his arguments involved trial court error. On10/03/91, the Court consolidated the opinion, denied the Habeas petition, andaffirmed the Circuit Court’s denial of the 3.850 Motion.
On04/21/92, Puiatti filed a Petition for Writ of Habeas Corpus to the United StatesDistrict Court, Middle District. On 06/05/95, the case wasadministratively closed. The petition was reopened on 03/16/98, howeverwas administratively closed on 07/22/02 and has been ordered to remain so untilPuiatti moves to open the case. On 05/15/08, the case was reopened. On 11/24/08, Puiatta filed an Amended Petition for Writ of Habeas Corpus. The Petition was granted on 08/14/09, which vacated Puiatti’s death sentenceand granted a new penalty phase.
On 01/30/03,Puiatti filed a 3.850 Motion to the Circuit Court, which was denied on06/03/03.
Puiattifiled a 3.850 Appeal to the Florida Supreme Court on 07/11/03. On06/08/05, the Court affirmed trial court’s order denying his successive 3.850Motion.
On07/19/05, Puiatti filed a successive 3.850 Motion to the Circuit Court. On 09/07/05, an order summarily denied the motion and was signed by JudgeDiskey.
On09/30/05, Puiatti filed a 3.850 Appeal to the Florida Supreme Court. Puiattti claimed that a retroactive change in the law governing claims ofineffective assistance of the penalty phase counsel. Puiatti also claimedmental health discovered during post-conviction proceedings demonstrate that hereceived ineffective counsel during the penalty phase. Both claims areprocedurally barred in successive post-conviction proceedings. On09/11/06, the Court affirmed the trial court’s denial of Puiatti’s 3.850Motion.
On10/26/09, the State filed an Appeal to the United States Eleventh Court of Appealsregarding United States District Court Case #92-359. This appeal ispending.
On11/16/09, Puiatti filed an Appeal to the United States Eleventh Court ofAppeals regarding United States District Court Case #92-359. This appealwas reversed and remanded to United States District Court Case #92-359.
InstitutionalAdjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
10/01/90 0 DISOBEYING ORDER FLORIDA STATE PRISON
01/30/92 0 LYING TO STAFF FLORIDA STATE PRISON
08/17/92 0 DISOBEYING ORDER FLORIDA STATE PRISON
04/04/93 0 DISOBEYING ORDER FLORIDA STATE PRISON
02/28/94 0 CONSUME INTOXICANTS UNION C. I.
12/17/94 0 POSS OF NARCOTICS UNION C. I.
01/14/95 0 POSS OF CONTRABAND UNION C. I.
03/30/00 180 UNAUTH USE OFDRUGS UNION C. I.
11/07/03 30 POSS OF CONTRABAND UNION C.I.
08/18/05 30 DISOBEY REGULATIONS UNION C.I.
09/23/05 30 DISOBEYING ORDER UNION C.I.
________________________________________________________________
ReportDate: 03/29/01 TB
Approved: 04/05/03 WS
Updated: 01/05/11 CAR