The Commission on Capital Cases updates this informationregularly. This information, however, is subject to change and may not reflectthe latest status of an inmate’s case and should not be relied upon forstatistical or legal purposes.

PATTON, Robert Lester (W/M)

DC# 049448

DOB:  04/28/57

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 wayon a one-way street.  Patton abandoned the car and fled the scene on foot. The officer pursued Patton on foot down an alley.  A witnesstestified that Patton hid in the alley, waited for the officer to approach, andthen 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 hisheart, killing him instantly.  The other bullet penetrated the officer’sfoot indicating that he had been shot after he was dead and lying on theground.

Patton was arrested on 09/02/81.  On 09/04/81, thepolice 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 reasonof insanity on a charge of receiving stolen property and was involuntarilycommitted to the Department of Health and Rehabilitative Services for treatmentin 1978.

Trial Summary:

09/02/81         Indicted as follows:

                                    Count I:           GrandTheft, Second-Degree

                                    Count II:         First-DegreeMurder

                                    Count III:        ArmedRobbery

10/09/81         Competency hearing was held (Defendant was found competent to standtrial.  The trial court arraigned the defendant, who stood mute, andentered a plea of not guilty on his behalf)

02/22/82         Jury returned guilty verdicts on all counts of the indictment and the juryrecommended death by a vote of 7-5

03/29/82         Sentenced as follows:

Count I:           GrandTheft, Second-Degree – 5 Years

                                    Count II:         First-DegreeMurder – Death

Count III:        Armed Robbery –110 years to run consecutive to CountII                       

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

Appeal Summary:

Florida State Supreme Court - Direct Appeal

FSC# 61,945

467 So. 2d 1985

04/01/82         Appeal filed

01/10/85         FSC affirmed convictions, vacated the death sentence, and remanded forresentencing

01/24/85         Motion for rehearing filed

04/18/85         Rehearing denied

06/03/85         Mandate issued

United States Supreme Court – Petition for Writ of Certiorari

USSC# 84-6873

474 U.S. 876

06/08/85         Petition filed

10/07/85         Petition denied

United States District Court, Southern District – Petition for Writ ofHabeas Corpus

USDC# 87-811

678 F.Supp. 1567

04/28/87         Petition filed

02/04/88         Petition was denied

United Stated Court of Appeals, 11^thCircuit – Habeas Appeal

USCA# 88-5153

02/16/88         Appeal filed

01/13/89         USCA affirmed the USDC’s denial of the Habeas petition

05/26/89         Mandate issued

Florida State Supreme Court – Direct Appeal (Resentencing)

FSC# 74,318

598 So. 2d 60

06/01/89         Appeal filed

03/12/92         FSC affirmed the conviction and death sentence

04/10/92         Motion for rehearing filed

06/10/92         Rehearing denied

07/09/92         Mandate issued

United States Supreme Court – Petition for Writ of Certiorari

USSC# 92-6784

507 U.S. 1019

10/21/92         Petition filed

04/05/93         Petition denied

State Circuit Court – 3.850 Motion

CC# 81-19702

06/08/94         Motion filed

09/26/96         Motion denied

Florida Supreme Court – 3.850 Appeal

FSC# 89,669

784 So. 2d 380

01/10/97         Appeal filed

09/28/00         FSC remanded case to trial court for evidentiary hearing

10/23/00         Motion for rehearing filed

12/22/00         Rehearing denied

01/22/01         Mandate issued

Florida Supreme Court – 3.850 Appeal

FSC# 02-423

878 So.2d 368

02/25/02         Appeal filed

06/04/04         Motion for rehearing filed

05/20/04         Affirmed trial court’s denial

07/14/04         Rehearing denied

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 02-2158

878 So.2d 368

10/07/02          Petition filed

05/20/04          Petition denied

06/04/04          Motion for rehearing filed

07/14/04          Rehearing denied

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

USDC# 05-22228

08/12/05          Petition filed

08/28/06          Petition denied

01/04/07          Motion for Certificate of Appealability

01/30/07          Motion denied

United States Court of Appeals, 11^thCircuit – Habeas Petition Appeal

USCA# 07-10625

08/08/07          Mandate affirming USDC disposition denyingMotion for Certificate of Appealability

United States Supreme Court – Petition for Writ of Certiorari

USSC# 07-10678

128 S.Ct. 2942

04/25/08          Petition filed

06/16/08          Petition denied

Factors Contributing to the Delay in theImposition of the Sentence:

The Direct Appeal, Direct Appeal (Resentencing), and 3.850Appeal, were each pending for three years before the Florida Supreme Courtreached decision.

Case Information:

Patton filed a Direct Appeal to the Florida Supreme Court on04/01/82.  The Court affirmed the all of the convictions.  Thesentences for armed robbery and grand theft were affirmed, but the sentence of deathwas vacated.  This decision was based on the fact that at the end of thepenalty phase, the jury indicating that it was deadlocked in regards to thesentence.  The judge instructed the jurors to deliberate further and theyeventually returned with a death recommendation.  The rehearing was deniedon 04/18/85 and the mandate was issued on 06/03/85.

Patton filed a petition for Writ of Certiorari to the UnitedStates Supreme Court on 06/08/85.  The petition was denied on 10/07/85.

Patton then filed a Petition for Writ of Habeas Corpus tothe United States District Court (USDC), Southern District on 04/28/87. TheHabeas was denied on 02/04/88.  An appeal of this denial was filed in theUnited States Court of Appeals (USCA), 11^th District on 02/16/88. The USCA affirmed the USDC’s denial of the Habeas on 01/13/89. A mandatewas issued on 05/26/89.

On 06/11/85, the Florida Supreme Court issued an ordervacating Patton’s death sentence.  Patton’s case was remanded to theCircuit Court for resentencing.  On 05/15/89 Patton was resentenced todeath.

Patton filed a Direct Appeal to the Florida Supreme Court on06/01/89.  Patton raised seven issues in the appeal.  One referred tothe unconstitutionality of Florida’s death penalty, which the Court found withoutmerit.  Another issue referred to the jury instructions, which the Courtfound again without merit.  The remaining issues constituted no error orwithout 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 on07/09/92.

Patton filed a Petition for Writ of Certiorari to the UnitedStates Supreme Court on 10/21/92, which was denied on 04/05/93.

Patton then filed a 3.850 Motion to the Circuit Court on06/08/94, which was denied on 09/26/96.

Patton filed a 3.850 Appeal to the Florida Supreme Court on01/10/97.  On 09/28/00, the Court remanded the case to the Circuit Courtfor an evidentiary hearing to further investigate the claim of ineffectivecounsel due to the fact that defense counsel failed to raise an intoxication orinsanity defense in light of Patton’s history.  He was denied relief afterthe evidentiary hearing was held.  The rehearing was denied on 12/22/00and the mandate was issued 01/22/01.

Patton filed another 3.850 Appeal to the Florida SupremeCourt on 02/25/02.  On 05/20/04, the Court affirmed the trial court’sdenial of Patton’s 3.850 Motion.

Patton filed a Petition for a Writ of Habeas Corpus to theFlorida Supreme Court on 10/07/02, which was denied on 05/20/04.

Patton filed a Petition for Writ of Habeas Corpus to theUnited States District Court, Southern District on 08/12/05.  Thispetition was denied on 08/28/06.  On 01/04/07, Patton filed a Motion forCertificate of Appealability that was denied on 01/30/07.

Patton then submitted a letter indicating his Notice ofAppeal to the United States Court of Appeals, 11^th Circuit.  Thiscourt issued a mandate affirming the USDC disposition denying Patton aCertificate of Appealability.

On 04/25/08, Patton filed a Writ for Certiorari petition inthe United States Supreme Court, which was denied on 06/16/08. 

Institutional Adjustment:

Report Date:    02/05/02          NMP

Approved:       02/10/02          WS

Updated:         08/13/08          AEH