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Eleventh Judicial Circuit, Dade
County Case# 81-19702
Sentencing Judge: The Honorable
Thomas E. Scott
Resentencing Judge: The
Honorable Carol Gersten
Attorney, Trial: Marsha K.
Lyons – Private
Attorneys, Direct Appeal:
William L. Richey, Peter M. Siegel &
Randall C. Berg – Private
Attorney, Collateral Appeals:
Suzanne Keffer & Todd G. Scher – CCRC-S
Date of Offense: 09/02/81
Date of Sentence: 03/29/82
Date of Resentence: 05/15/89
Circumstances of the Offense:
On 09/02/81, Robert Lester
Patton was driving a stolen car. A Miami police officer stopped the car
because Patton was driving the wrong way on a one-way street.
Patton
abandoned the car and fled the scene on foot. The officer pursued
Patton on foot down an alley. A witness testified that Patton hid in
the alley, waited for the officer to approach, and then shot him. Other
witnesses testified that they heard gunshots. Patton then stole another
car at gunpoint and drove away.
The officer was shot twice. The
first bullet pierced his heart, killing him instantly. The other bullet
penetrated the officer’s foot indicating that he had been shot after he
was dead and lying on the ground.
Patton was arrested on 09/02/81.
On 09/04/81, the police obtained a search warrant to search Patton’s
grandmother’s home. The gun, used to shoot the officer, was found
beneath a heating grate.
Additional Information:
Previously, Patton had been
adjudicated not guilty by reason of insanity on a charge of receiving
stolen property and was involuntarily committed to the Department of
Health and Rehabilitative Services for treatment in 1978.
10/09/81
Competency hearing was held (Defendant was found competent to stand
trial. The trial court arraigned the defendant, who stood mute, and
entered a plea of not guilty on his behalf)
02/22/82 Jury returned guilty verdicts on
all counts of the indictment and the jury recommended death by a vote of
7-5
03/29/82 Sentenced as
follows:
Count I: Grand Theft, Second-Degree – 5
Years
Count II: First-Degree Murder – Death
Count III: Armed Robbery – 110 years to run consecutive
to
Count II
06/11/85 Order vacating
sentence and remanded to Circuit Court for resentencing
05/04/89 The jury
recommended death by a vote of 11-1
05/15/89 The defendant
was resentenced to death
Case Information:
Patton filed a Direct Appeal to
the Florida Supreme Court on 04/01/82. The Court affirmed the all of
the convictions. The sentences for armed robbery and grand theft were
affirmed, but the sentence of death was vacated. This decision was
based on the fact that at the end of the penalty phase, the jury
indicating that it was deadlocked in regards to the sentence. The judge
instructed the jurors to deliberate further and they eventually returned
with a death recommendation. The rehearing was denied on 04/18/85 and
the mandate was issued on 06/03/85.
Patton filed a petition for Writ
of Certiorari to the United States Supreme Court on 06/08/85. The
petition was denied on 10/07/85.
Patton then filed a Petition for
Writ of Habeas Corpus to the United States District Court (USDC),
Southern District on 04/28/87. The Habeas was denied on 02/04/88. An
appeal of this denial was filed in the United States Court of Appeals
(USCA), 11th District on 02/16/88. The USCA affirmed the
USDC’s denial of the Habeas on 01/13/89. A mandate was issued on
05/26/89.
On 06/11/85, the Florida Supreme
Court issued an order vacating Patton’s death sentence. Patton’s case
was remanded to the Circuit Court for resentencing. On 05/15/89 Patton
was resentenced to death.
Patton filed a Direct Appeal to
the Florida Supreme Court on 06/01/89. Patton raised seven issues in
the appeal. One referred to the unconstitutionality of Florida’s death
penalty, which the Court found without merit. Another issue referred to
the jury instructions, which the Court found again without merit. The
remaining issues constituted no error or without merit. The Court
affirmed Patton’s death sentence on 03/12/92. The rehearing was denied
on 06/10/92 and the mandate was issued on 07/09/92.
Patton filed a Petition for Writ
of Certiorari to the United States Supreme Court on 10/21/92, which was
denied on 04/05/93.
Patton then filed a 3.850 Motion
to the Circuit Court on 06/08/94, which was denied on 09/26/96.
Patton filed a 3.850 Appeal to
the Florida Supreme Court on 01/10/97. On 09/28/00, the Court remanded
the case to the Circuit Court for an evidentiary hearing to further
investigate the claim of ineffective counsel due to the fact that
defense counsel failed to raise an intoxication or insanity defense in
light of Patton’s history. He was denied relief after the evidentiary
hearing was held. The rehearing was denied on 12/22/00 and the mandate
was issued 01/22/01.
Patton filed another 3.850
Appeal to the Florida Supreme Court on 02/25/02. On 05/20/04, the Court
affirmed the trial court’s denial of Patton’s 3.850 Motion.
Patton filed a Petition for a
Writ of Habeas Corpus to the Florida Supreme Court on 10/07/02, which
was denied on 05/20/04.
Patton filed a Petition for Writ
of Habeas Corpus to the United States District Court, Southern District
on 08/12/05. The petition is currently pending.
