The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied on for statistical or legal purposes.

 

DOYLE, Daniel Lee 

AKA:  Playboy Doyle

DC#    086006

DOB:  10/19/59

 

Seventeenth Judicial Circuit, Broward County Case #81-9310CF

Trial Judge:  The Honorable Leroy H. Moe

Attorney, Trial:  T. Don Tenbrook – Private

Attorney, Direct Appeal:  Michael D. Gelety – Private

Attorney, Collateral Appeals:  Talbot  D’Alemberte – Private

 

Date of Offense:           09/05/81

Date of Sentence:         05/13/82

 

Circumstances of Offense:

 

On September 5, 1981, Doyle was performing yard work in the yard of Pamela Kipp, Doyle’s neighbor and third cousin.  He later drove his truck which was full of branches and leaves to a nearby area to unload the debris.  Witnesses reported seeing Kipp jogging in the same area at the same time.  The victim never returned to her home.  During a search, a skeleton later identified as that of Monica Ruddick was discovered in the area where Doyle had been dumping leaves.  A short while later, Kipp’s body was found about 200 yards from the area where the defendant had been dumping leaves.  Discovered near the body were a carpet and fresh tree clippings, as well as ruts in the mud where a vehicle had been stuck.  Doyle’s truck had been stuck in the mud in the area the day of the murder before another person helped him pull the vehicle out.  An examination revealed that strangulation was the cause of death and that the victim was sexually battered while still alive.

 

In a number of statements, some of them recorded, Doyle admitted to having sex with Kipp and killing her.  He said he was intoxicated at the time of the murder and could not remember the details.  It was reported at a suppression hearing that Doyle had undergone hypnosis in an attempt to recall additional details of the murder, a session that lasted a hour and was recorded.  Doyle allegedly admitted the Kipp killing, as well as the Ruddick killing, but later recanted and denied killing Ruddick.  However, both the tape of the session and all notes of the session were lost and never recovered.

 

Additional information:

 

At a December 12, 1994 clemency board hearing, the governor and cabinet scheduled this case to be placed on the clemency board agenda in 2020. Attorneys for Doyle argued he was mentally retarded.

 

Trial Summary:

 

09/23/81          Indicted on the following charges:

Count I:            first-degree murder

Count II:           sexual battery

04/02/82          The jury returned guilty verdicts on all counts of the indictment.

04/05/82          Upon advisory sentencing, the jury, by a vote of 8 to 4, recommended the

 death sentence for the murder conviction.

05/03/82          Defendant was sentenced as follows: 

Count I:            first-degree murder – death

Count II:           sexual battery – life imprisonment.

 

Appeal Summary:

 

Florida Supreme Court, Direct Appeal

FSC #62,212

460 So.2d 353 (Fla. 1984)

 

06/18/82          Appeal filed.

10/18/84          FSC affirmed the conviction and sentence.

01/03/85          Rehearing denied.

02/06/85          Mandate issued.

 

State Circuit Court, Seventeenth Judicial Circuit, 3.850 Motion

CC #81-9310CF

 

02/06/87          Motion filed.

05/16/88          Trial court denied 3.850 motion.

 

Florida Supreme Court, Appeal of 3.850 Motion Denial

FSC #72,462

526 So.2d 909 (Fla. 1988)

 

05/23/88          Appeal filed.

06/23/88          FSC affirmed denial of 3.850 motion.

 

Florida Supreme Court, Petition for Writ of Habeas Corpus

FSC #72,529

526 So.2d 909 (Fla. 1988)

 

06/06/88          Petition filed.

06/23/88          FSC denied petition for writ of habeas corpus.

 

United States District Court, Petition for Writ of Habeas Corpus

USDC #88-1174-CIV

 

06/27/88          Petition filed.

02/08/89          USDC vacated the sentence, remanded.

04/18/89          Rehearing denied.

 

United States Court of Appeals, 11th Circuit, Habeas Appeal (state filed)

USCA #89-5489

922 F.2d 646 (1991)

 

05/25/89          State filed appeal.

01/14/91          USCA reversed district court’s order, reinstated death sentence.

03/27/91          Rehearing denied.

04/04/91          Mandate issued.

 

United States Supreme Court, Petition for Writ of Certiorari

USSC #91-5610

502 U.S. 926 (1991)

 

08/26/91          Petition filed.

10/21/91          USSC denied petition for writ of certiorari.

 

Florida Supreme Court, Petition for Writ of Habeas Corpus

FSC #84,321

655 So. 2d 1120 (Fla. 1995)

 

09/06/94          Petition filed.

06/01/95          FSC denied petition for writ of habeas corpus.

 

Warrant:

 

05/06/88          Governor Martinez signed death warrant.

07/08/88          Scheduled execution date.

06/29/88          United States District Court, Southern District, granted stay of execution.

 

Clemency:

 

06/17/87          Hearing held (denied).

09/18/92          Hearing held (denied).

12/08/92          Hearing held. (under advisement)

12/12/94          Continued until 2020.

 

Factors Contributing to the Delay in Imposition of Sentence:

 

There has been no appeal activity since the Florida Supreme Court denied Doyle’s second petition for a writ of habeas corpus on 06/01/95.

 

Case Information:

 

Doyle filed a direct appeal with the Florida Supreme Court on 06/18/82, citing the following trial court errors: denial of due process due to loss of evidence, failure to suppress confession, improper comments from the trial judge that prejudiced the proceedings, and failure to find mitigating circumstances and improper finding of aggravating circumstances.  The court affirmed the conviction and sentence on 10/18/84.

 

On 02/06/87, Doyle filed a 3.850 motion with the trial court, which the court denied on 05/16/88. 

 

Governor Martinez’s signing of a death warrant on 05/06/88 prompted Doyle to file three appeals.  He first appealed the trial court’s denial of the 3.850 motion to the Florida Supreme Court on 05/23/88, then petitioned the court for a writ of habeas corpus on 06/06/88.  In a consolidated opinion on 06/23/88, the FSC affirmed the 3.850 denial and denied the habeas petition.  Finally on 06/27/88, Doyle petitioned the U.S. District Court, Southern District, for a stay of execution and writ of habeas corpus.  The district court stayed the execution on 06/29/88, and in granting habeas on 02/08/89 vacated the sentence and remanded, claiming that Doyle’s trial counsel was ineffective during the penalty phase.

 

The State, on 05/25/89, appealed the district court’s ruling to the U.S. Court of Appeals, 11th Circuit.  On 01/14/91, the appeals court reversed the district court’s ruling and reinstated the death sentence, saying that Doyle failed to establish that his trial counsel was ineffective at the sentencing phase.  The U.S. Supreme Court denied certiorari on 10/21/91.

 

Doyle petitioned the Florida Supreme Court for a second habeas writ on 09/06/94.  He raised four claims: the jury instruction on the heinous, atrocious or cruel aggravating (HAC) factor was unconstitutionally vague; appellate counsel was ineffective for failing to raise the HAC issue on direct appeal; the trial judge and prosecutor diminished the role of the jury in sentencing; and the Florida Supreme Court erred on direct appeal when it failed to engage in a harmless error analysis after striking an aggravator.  The court rejected the claims and denied the petition on 06/01/95. 

 

There are no appeals pending.

  

Institutional Adjustment:

 

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

                        

                                            

DATE     DAYS            VIOLATION                                   LOCATION      

 

02/08/83      0           DISORDERLY CONDUCT            CENTRAL OFFICE     

06/21/94      0              PART.IN RIOTS                                UNION C. I.        

 

________________________________________________________________

 

Report date:    08/07/01 – tb

Approved:       whs

Updated:         06/02/03 – jfl