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 upon for statistical or legal purposes.

 

RALEIGH, Bobby Allen (W/M)

DC #    124052

DOB:   07/22/74

 

­­­­Seventh Judicial Circuit, Volusia County, Case # 94-00723

Sentencing Judge: The Honorable S. James Foxman

Attorney, Trial: Michael Teal – Private

Attorney, Direct Appeal: James B. Gibson – Assistant Public Defender

Attorney, Collateral Appeals: Martin J. McClain – Registry  

 

Date of Offense:     06/05/94

Date of Sentence:   02/16/96

 

Circumstances of Offense:

 

On 06/05/94, Bobby Allen Raleigh and Domingo Figueroa went to Club Europe in DeLand to confront Douglas Cox about allegedly slapping Raleigh’s mother.  They confronted Cox in the parking lot of the club during which Raleigh’s mother appeared and started screaming at Cox.  Raleigh took his mother to his car and returned to Cox.  He then apologized for his mother’s actions.  Raleigh and Cox shook hands and parted.

 

After leaving the club, Raleigh went to his home and retrieved guns.  With Figueroa, he then drove to Cox’s trailer.  With a gun in his hand, Raleigh went to the front door of Cox’s trailer.  Ronald Baker, a friend of Cox’s, met the men at the door of the trailer and told them Cox was sleeping.  Raleigh and Figueroa drove down a nearby road and parked. After some time had passed, they returned to the trailer.

 

Raleigh went to the back of the trailer and shot Cox three times in the head at close range.  Figueroa and Raleigh each shot Timothy Eberlin, Cox’s roommate, until their guns jammed.  Eberlin was screaming so Raleigh beat him with his gun until he was quiet.

 

After the murders, Raleigh and Figueroa went to Raleigh’s residence.  There they burned the clothes they had worn during the murders, dumped bullets into a neighbor’s yard, and hid their guns in a secret compartment within Raleigh’s Subaru. 

 

That evening, the police went to Raleigh’s home.  Raleigh agreed to speak with them, but denied playing a part in the murders.  However, after being informed that Figueroa had implicated him in the murders, Raleigh confessed to killing both Cox and Eberlin.  His confession was taped.

Codefendant Information:

 

Domingo Figueroa (Volusia County Circuit Court #94-0724)

 

Domingo Figueroa, Raleigh’s codefendant, received three life sentences for his part in the events that took place on 06/05/94.  Figueroa was sentenced for three counts, two for first-degree murder and one count of armed burglary.

 

Trial Summary:

 

06/21/94          Raleigh was indicted on the following:

                                    Count I:           First-degree Murder (Douglas Cox)

                                    Count II:         First-degree Murder (Timothy Eberlin)

                                    Count III:        Armed Burglary

                                    Count IV:        Shooting into Building

06/24/94          Raleigh pled not guilty.

06/06/95          Raleigh pled guilty as part of a plea agreement. The defendant pled guilty to Counts I and II, and the State agreed to nolle prosse Counts III and IV.  Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the death penalty on Counts I and II.

02/16/96          Sentenced as follows:

                                    Count I:           First-degree Murder (Douglas Cox) – Death

                                    Count II:         First-degree Murder (Timothy Eberlin) – Death

                                    Count III:        Armed Burglary – Nolle Prosequi

                                    Count IV:        Shooting into a Building – Nolle Prosequi

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC #87,584

705 So. 2d 1324

 

03/18/96          Appeal filed

11/13/97          FSC affirmed the convictions and sentences

02/19/98          Rehearing denied

03/23/98          Mandate issued

 

United States Supreme Court – Petition of Writ of Certiorari

USSC #97-9226

525 U.S. 841

 

05/20/98          Petition filed

10/05/98          Petition denied

 

Circuit Court, Seventh Circuit – 3.851 Motion

CC #94-00723

 

11/17/98          Motion filed

08/11/00          Amended motion filed

01/19/01          Amended motion filed

03/24/03          Motion denied

 

Florida Supreme Court—3.851 Appeal

FSC #03-710

932 So.2d 1054 (2006)

 

04/17/03          Appeal filed

06/01/06          The FSC affirmed the denial of Raleigh’s 3.851 Motion

06/22/06          Mandate issued

 

Circuit Court, Seventh Circuit – 3.851 Motion

CC #94-00723

 

06/23/03          Motion filed

08/06/03          Motion denied

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #03-2282

932 So.2d 1054 (2006)

 

12/30/03          Petition filed

06/01/06          Petition denied

06/22/06          Mandate issued

 

United States Supreme Court –Petition for Writ of Certiorari

USSC #05-11723

127 S.Ct. 183 (2006)

 

06/21/06          Petition filed

10/02/06          USSC denied petition

 

United States District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 07-00037

(Pending)

 

05/04/07          Petition filed

08/22/07          Amended petition filed

09/04/07          Motion to hold proceedings in abeyance

02/13/08          Motion granted

 

 

Circuit Court, Seventh Circuit – 3.851 Motion

CC #94-00723

 

05/11/07          Motion filed

03/11/08          Amended motion filed

07/16/08          Second amended motion filed

09/23/08          Third amended motion filed

01/15/09          Motion denied

 

Florida Supreme Court – 3.851 Appeal

FSC# 09-568

36 So.3d 84

 

03/30/09         Appeal filed

03/08/10          FSC affirmed disposition of the lower court

03/23/10          Motion for Rehearing filed

04/21/10          Motion denied

 

State Circuit Court – 3.851 Motion

CC# 94-00723

(Pending)

 

11/29/10          Motion filed

 

Factors Contributing to the Delay in the Imposition of the Sentence:

 

Raleigh filed a 3.850 in November of 1998, which took four years to be denied.

 

Case Information:

 

Raleigh filed a Direct Appeal in the Florida Supreme Court on 03/18/96 arguing a number of issues.  Raleigh argued that the trial judge failed to instruct the jury that he had no prior criminal history as a statutory mitigator.  Further Raleigh argued that the trial court erroneously advised the jury to view the pecuniary gain of the armed robbery as an aggravator and failed to give the requested instruction on the CCP aggravator.  Raleigh also claimed that a juror was dismissed without legitimate cause.  Next, Raleigh argued that several aggravators such as avoiding arrest were erroneously found to be true.  He also contended that several mitigating factors were not given proper consideration.  These mitigating factors included such issues as being remorseful and cooperative and Figueroa receiving a life sentence.  Lastly, Raleigh argued that his death sentence is proportionate.  The Florida Supreme Court found all fourteen of Raleigh’s claims to lack merit and therefore denied the appeal and affirmed the convictions and sentences on 11/13/97. 

 

Raleigh petitioned the United States Supreme Court for a Writ of Certiorari on 05/20/98.  The petition was denied on 10/05/98.

 

Raleigh filed a 3.850 Motion in the Circuit Court on 11/17/98.  The motion was amended on 08/11/00 and 01/19/01 and subsequently denied on 03/24/03.

 

Raleigh filed a 3.851 Appeal in the Florida Supreme Court on 04/17/03.  The court reviewed four claims made by Raleigh.  Raleigh claimed he received an inadequate mental health evaluation and had ineffective assistance of counsel.  Further, Raleigh claimed that the State knowingly presented false testimonial evidence during his trial.  Lastly, he argued that his due process rights were violated by the State taking inconsistent positions during trial on who was the principal actor in the murder of Eberlin.  On 06/01/06 after finding insufficient merit in his claims, the Florida Supreme Court affirmed the denial of Raleigh’s 3.851 Motion.

 

On 06/23/03, Raleigh filed a 3.851 Motion in the Circuit Court.  The motion was denied on 08/06/03.

 

On 12/30/03, Raleigh filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.  Raleigh argued two claims both stating that Florida’s capital sentencing statute is unconstitutional.  His first claim regarded Apprendi v. New Jersey, and his second claim related to Ring v. Arizona.  Raleigh’s petition was denied on 06/01/06. 

 

Raleigh filed a Petition for Writ of Certiorari on 06/21/06 that was denied on 10/02/06. 

 

Raleigh filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District on 05/04/07. An amended petition was filed on 08/22/07. A motion to hold proceedings in abeyance was filed on 09/04/07 and granted on 02/13/08.

 

On 05/11/07, Raleigh filed a 3.850 Motion in the State Circuit Court.  On 03/11/08, Raleigh filed an Amended 3.850 Motion.  On 07/16/08, Raleigh filed a second amended motion in the State Circuit Court.  On 09/23/08, Raleigh filed a third amended motion in the State Circuit Court. This motion was denied on 01/15/09.

 

On 03/30/09, Raleigh filed a 3.851 Appeal in the Florida Supreme Court.  The Florida Supreme Court affirmed the disposition of the lower court on 03/08/10. A Motion for Rehearing was filed on 03/23/10. This motion was denied on 04/21/10.

 

Raleigh filed a 3.851 Motion in the State Circuit Court on 11/29/10. This case is currently pending.

 

Institutional Adjustment:

 

DATE

DAYS

VIOLATION

LOCATION

04/10/96

16

DISORDERLY CONDUCT

FSP

 

________________________________________________________________________

 

Report Date:   12/04/01          S.Q.

Approved:       12/06/01          W.S.

Updated:         03/21/11          EMJ