Orme v. State

25 So. 3d 536, 34 Fla. L. Weekly Supp. 638, 2009 Fla. LEXIS 1950, 2009 WL 3853142
CourtSupreme Court of Florida
DecidedNovember 19, 2009
DocketSC08-182
StatusPublished
Cited by24 cases

This text of 25 So. 3d 536 (Orme v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Orme v. State, 25 So. 3d 536, 34 Fla. L. Weekly Supp. 638, 2009 Fla. LEXIS 1950, 2009 WL 3853142 (Fla. 2009).

Opinions

PER CURIAM.

Roderick Michael Orme appeals an order of the trial court sentencing him to death following resentencing. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the reasons expressed below, we affirm the death sentence.

FACTS AND PROCEDURAL HISTORY

We summarized the facts of this case on Orme’s previous direct appeal as follows:

Roderick Michael Orme had an extensive history of substance abuse for which he previously had sought treatment at a recovery center in Panama City. On the morning of March 4, 1992, Orme suddenly appeared at the center again, despite a lapse of about a year since his prior treatment. He was disoriented and unable to respond to questions, but he did manage to write a message. It was “LEE’S MOT RM15.” While a breathalyzer returned negative results, Orme’s blood tested positive for cocaine and he was showing signs of acute cocaine withdrawal. He was cold, his face was flushed, and he was exhibiting symptoms like delirium tremens. An attending physician placed Orme in intensive care for thirty hours. Illegal barbiturates were found in Orme’s possession.
Lee’s Motel was located only a few blocks from the recovery center. Someone at the center telephoned the motel and said that a man who sounded hysterical had said to check room 15. The owner did so and found the body of a woman who had been badly beaten.
Semen was found in the victim’s orifices, but DNA testing could not identify a DNA match. One sample taken from the victim’s panties, however, held material that matched the pattern of Orme’s DNA. Orme’s underpants also had a mixed blood stain matching both Orme and the victim’s genotype. Orme’s fingerprints were found in the motel i-oom, and his checkbook and identification card were found in the victim’s car, which was parked outside.
The cause of death was strangulation. There were extensive bruising and hemorrhaging on the face, skull, chest, arms, left leg, and abdomen, indicating a severe beating. The abdominal hemorrhaging extended completely through the body to the back and involved the right kidney. Jewelry the victim always wore was missing and was never found. Police later identified the body as that of Lisa Redd, a nurse.
Orme acknowledged that he had summoned Redd to his motel room the day she was killed because he was having a “bad high” after free-basing cocaine. Orme and Redd had known each other for some time, and Orme called her because she was a nurse.
[541]*541On March 4,1992, Orme told police he had last seen Redd twenty minutes after she arrived at his motel. Orme said she had knocked a crack pipe from his hands, apparently resulting in the loss of his drugs. He left to go partying soon thereafter. In this statement, he also said that this was the first time he had abused cocaine since 1990 and that he did not remember being at the addiction recovery center.
The following day Orme gave a lengthier statement to police. In this one, he said that Redd had arrived at his motel room between 9 and 10 p.m. She slapped his crack pipe out of his hands and swept several pieces of crack into the toilet. Orme said he then took the victim’s purse, which contained her car keys, and drove away in her car. Orme said he left and returned several times and that it was still dark when he realized something was wrong with Redd. The last time he returned, however, he could not enter because he had left the motel key inside the room.
Orme was arrested on March 6, 1992, after his release from the hospital. On March 26, 1992, he was charged by indictment with premeditated or felony murder, robbery, and sexual battery.
At trial, Orme testified that Redd had arrived at his motel room at 7, 8, or possibly 8:30 p.m. He again said he returned to the motel room at some point. At this time he realized Redd’s body was cold and that something was wrong. But he said the next thing he remembered was being in the hospital.
Robert Pegg, a cab driver, testified at trial that he had picked up Orme at Lee’s Motel around 8 p.m.
A man who lived across from the motel, Joseph Lee, also testified. He said that he generally kept track of what was happening at the motel and had first noticed the victim’s automobile there around 9:30 or 10 p.m. Lee said he saw Orme leave and return several times. Before going to bed around 2 a.m., Lee said he saw Orme leave in the victim’s car once more.
Another witness, Ann Thicklin, saw someone slowly drive the victim’s car into Lee’s Motel around 6:15 a.m.
The jury convicted Orme on all counts and recommended death by a vote of seven to five. The defense waived the mitigator of no prior criminal history and asked for the jury to be instructed on the age mitigator, the two statutory mental mitigators (substantial impairment and extreme emotional disturbance), and the catch-all mitigator. The state asked for three instructions: murder committed in the course of a sexual battery; heinous, atrocious, or cruel; and pecuniary gain.
Shortly before sentencing, the defense asked the court to consider the “no significant prior criminal history” factor based on the presentence investigation (“PSI”) and penalty-phase testimony. The defense stated that it had waived the factor to prevent the State from introducing a rebuttal witness about an alleged prior sexual assault committed by Orme.
The trial court stated that it had considered this motion. Shortly thereafter the judge sentenced Orme to death, finding all three aggravators argued by the State. In mitigation, the trial court found both statutory mental mitigators and gave them “some weight,” but concluded they did not outweigh the case for aggravation. The Court rejected the other factors argued by Orme: his age (30), his love for his family, an unstable childhood, potential for rehabilitation, and good conduct while awaiting trial.

[542]*542Orme v. State, 677 So.2d 258, 260-62 (Fla.1996). On direct appeal, Orme raised eight issues.1 This Court affirmed Orme’s conviction of first-degree murder and the sentence of death. Id. Orme filed a petition for writ of certiorari with the United States Supreme Court. That Court denied review on January 13, 1997. Orme v. Florida, 519 U.S. 1079, 117 S.Ct. 742, 136 L.Ed.2d 680 (1997).

Subsequently, Orme filed an amended motion for postconviction relief pursuant to Florida Rule of Criminal Procedure 3.851, raising twenty-five claims. After an evidentiary hearing on four claims of ineffective assistance of trial counsel, the trial court denied relief. Orme appealed the denial of postconviction relief to this Court, raising three claims.2 He also petitioned the Court for a writ of habeas corpus, raising eight claims.3 See Orme v. State, 896 So.2d 725 (Fla.2005). This Court found defense counsel ineffective for failing to further investigate Orme’s diagnosis of bipolar disorder with respect to the penalty phase. As a result, a new penalty phase was ordered. Id.

In May 2007, a new penalty phase was conducted before a new jury, but before the original trial judge.

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Orme v. State
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Bluebook (online)
25 So. 3d 536, 34 Fla. L. Weekly Supp. 638, 2009 Fla. LEXIS 1950, 2009 WL 3853142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/orme-v-state-fla-2009.