Robinson v. State

95 So. 3d 171, 2012 WL 2848697
Supreme Court of Florida·Decided July 12, 2012·No. Nos. SC09-1860, SC10-695·Published·Cited by 5 cases

Opinions

PER CURIAM.

Timothy Robinson appeals an order of the circuit court denying his motion to vacate his convictions of first-degree murder and sentences of death filed under Florida Rule of Criminal Procedure 3.850. Robinson also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons set out in greater detail below, we reverse the circuit court’s denial of postconviction relief as it pertains to Robinson’s claim of ineffective assistance of counsel during the penalty phase. Specifically, we conclude that counsel rendered ineffective assistance by failing to investigate, develop, and present available mitigating evidence that would have legally precluded the trial court from overriding the jury’s life recommendation. We therefore vacate Robinson’s death sentences [174] and remand for the imposition of sentences of life in prison. We deny Robinson’s petition for writ of habeas corpus.

FACTS AND PROCEDURAL HISTORY

The following facts were set forth in this Court’s opinion on direct appeal in the case of Robinson’s co-defendant, Michael Coleman:

Michael Coleman, Timothy Robinson, and brothers Bruce and Darrell Frazier were members of the “Miami Boys” drug organization, which operated throughout Florida. Pensacola members of the group moved a safe containing drugs and money to the home of Michael McCormick from which his neighbors Derek Hill and Morris Douglas stole it. Hill and Douglas gave the safe’s contents to Darlene Crenshaw for safekeeping.
Late in the evening of September 19, 1988[,] Robinson, Coleman, and Bruce Frazier, accompanied by McCormick, pushed their way into Hill and Douglas’ apartment. They forced Hill and Douglas, along with their visitors Crenshaw and Amanda Merrell, as well as McCormick, to remove their jewelry and clothes and tied them up with electrical cords. Darrell Frazier then brought Mildred Baker, McCormick’s girlfriend, to the apartment. Robinson demanded the drugs and money from the safe and, when no one answered, started stabbing Hill. Crenshaw said she could take them to the drugs and money and left with the Fraziers. Coleman and Robinson each then sexually assaulted both Merrell and Baker.
After giving them the drugs and money, Crenshaw escaped from the Frazi-ers, who returned to the apartment. Coleman and Robinson then slashed and shot their five prisoners, after which they and the Fraziers left. Despite having had her throat slashed three times and having been shot in the head, Mer-rell freed herself and summoned the authorities. The four other victims were dead at the scene.
Merrell and Crenshaw identified their abductors and assailants through photographs, and Coleman, Robinson, and Darrell Frazier were arrested eventually. A grand jury returned multiple-count indictments against them, charging first-degree murder, attempted first-degree murder, armed kidnapping, armed sexual battery, armed robbery, armed burglary, and conspiracy to traffic. Among other evidence presented at the joint trial, the medical examiner testified that three of the victims died from a combination of stab wounds and gunshots to the head and that the fourth died from a gunshot to the head. Both Crenshaw and Merrell identified Coleman, Robinson, and Frazier at trial, and Merrell identified a ring Coleman gave to a girlfriend as having been taken from her at the apartment. Several witnesses testified to drug dealing in Pensacola and to the people involved in that enterprise. Coleman and Robinson told their alibis to the jury with Coleman claiming to have been in Miami at the time of these crimes and Robinson claiming he had been in New Jersey then.

Coleman v. State, 610 So.2d 1283, 1284-85 (Fla.1992) (footnotes omitted).1

Following the guilt phase of trial, the jury found Robinson guilty on all counts. [175] See Robinson v. State, 610 So.2d 1288, 1289 (Fla.1992). At the penalty phase, trial counsel presented the testimony of Dr. James Larson, a psychologist who interviewed Robinson on two separate occasions, and Robinson’s mother, Mary Robinson. The jury returned a life recommendation. Subsequently, at a Spencer-like2 hearing, trial counsel presented character letters on Robinson’s behalf to the trial judge. The trial court ultimately disagreed with the jury’s recommendation and sentenced Robinson to death. Id. In its sentencing order, the trial court found the following aggravating circumstances: (1) Robinson was previously convicted of a violent felony; (2) the capital felonies were committed during a robbery, sexual battery, burglary, and kidnapping; (8) the capital felonies were committed to avoid or prevent a lawful arrest; (4) the capital felonies were especially heinous, atrocious, or cruel (HAC); (6) the capital felonies were cold, calculated, and premeditated, and committed without any pretense of moral or legal justification (CCP). Id. at 1291. In mitigation, the trial court found only that Robinson had maintained close family ties and had been supportive of his mother. Id. at 1292.

On direct appeal, Robinson raised several claims, most of which were denied by this Court.3 Id. at 1289-92. As to his claim that the trial court erred in overriding the jury’s life recommendation, we held that the “potential mitigating evidence presented in this case [did] not provide a reasonable basis for the jury’s recommendation.” Id. at 1292. Further, while we agreed with Robinson’s claim that the evidence did not support the avoid arrest aggravator, we held that the striking of this aggravator did not alter our conclusion as to the override because there was no reasonable likelihood that the trial court would have concluded that the mitigating evidence outweighed the four valid aggravators. Id.

On January 18, 2000, Robinson filed an initial Rule 3.850 motion for postconviction relief, which was subsequently amended, raising various claims.4 The trial court granted an evidentiary hearing on Robinson’s claim that trial counsel was ineffec[176] tive for failing to investigate and present mitigation in the penalty phase. In a written order entered September 4, 2009, the trial court denied this claim and all other claims for relief. We now review Robinson’s appeal from the trial court’s denial of his postconviction motion5 and Robinson’s accompanying petition for writ of habeas corpus.6

ANALYSIS

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Robinson v. State, 95 So. 3d 171, 2012 WL 2848697 (Fla. 2012).

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