Dillbeck

Donald

068610

Registry

Case Summary

Last Action
Date 09/07/07 11/01/07 12/28/07 02/04/10 02/23/10 01/18/11 Court USDC USDC USDC USDC USCA USCA Case Number 07-00388 07-00388 07-00388 07-00388 10-11042 10-11042 Last Action Habeas petition Answer Amended petition Petition denied Habeas Appeal COA denied

Current Attorney
Last Name First Name City Address Zip 320642310 Phone Emai l

Blow III George W. Live Oak, FL 205 Parshley St., S.W.

386/362-6930 Email

Cases
Attorney Case Number Blow III 90-2795 Judge Steinmeyer County CCRC Appt. Order Leon North 9/3/2002 Contract Sign 9/25/2002

Last Updated

2011-06-28 11:57:54.0

Case Summary
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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 inmates case and should not be relied on for statistical or legal purposes. DILLBECK, Donald David (W/M) AKA: Dill Dillbeck, Robert Larry Greenwood DC# 068610 DOB: 05/24/63 Second Judicial Circuit, Leon County Case #90-2795 Sentencing Judge: The Honorable F.E. Steinmeyer III Attorney, Trial: Randy P. Morrell Assistant Public Defender Attorney, Direct Appeal: David A. Davis Assistant Public Defender Attorney, Collateral Appeal: George Blow, III Registry Date of Offense: 06/24/90 Date of Sentence: 03/15/91 Circumstances of Offense: Dillbeck was sentenced to life in prison for killing a policeman in 1979. While serving his sentence, he walked away from a public function he and other inmates were catering in Quincy, Florida. On June 24, 1990, he walked to Tallahassee and bought a paring knife, and attempted to hijack a car and driver from a shopping mall parking lot. Faye Vann, who was seated in the car, resisted and Dillbeck stabbed her several times in the throat and abdomen, killing her. Dillbeck attempted to flee in the car, crashed and was arrested shortly thereafter. Additional information: At the time of the murder, Dillbeck was serving a life sentence for killing a police officer in 1979. Trial Summary: 07/18/90 Indicted on the following charges: Count I: first-degree murder Count II: armed robbery Count III: armed burglary

02/26/91 The jury returned guilty verdicts on all counts of the indictment. 03/01/91 Upon advisory sentencing, the jury, by a vote of 8 to 4, recommended the defendant be sentenced to death for the murder conviction. 03/15/91 The defendant was sentenced as follows: Count I: first-degree murder death Count II: armed robbery life imprisonment Count III: armed burglary life imprisonment Appeal Summary: Florida Supreme Court, Direct Appeal FSC# 77,752 643 So.2d 1027 (1994) 04/17/91 Appeal filed. 04/21/94 FSC affirmed conviction and sentence. 10/18/94 Rehearing denied. 11/16/94 Mandate issued. United States Supreme Court, Petition for Writ of Certiorari USSC# 94-7723 514 U.S. 1022 01/17/95 Petition filed. 03/20/95 USSC denied petition for writ of certiorari. State Circuit Court, Second Judicial Circuit, 3.850 Motion CC# 90-2795 04/23/97 Motion filed. 04/16/01 Amended motion filed. 09/05/02 Circuit Court denied Motion. Florida Supreme Court 3.850 Motion Appeal FSC# 02-2044

882 So. 2d 969 09/18/02 Appeal filed. 08/26/04 FSC affirmed in part, remanded in part to CC to file findings of fact and conclusions of law. Florida Supreme Court Petition for Writ of Habeas Corpus FSC# 03-1123 882 So. 2d 969 06/23/03 Petition filed. 08/26/04 FSC denied Petition. 09/17/04 Mandate issued. State Circuit Court, Second Judicial Circuit, 3.850 Motion (on remand) CC# 90-2795 07/15/05 Circuit Court filed findings of fact and conclusions of law. Florida Supreme Court 3.850 Motion Appeal FSC# 05-1561 964 So.2d 95 08/09/05 Appeal filed. 05/10/07 FSC affirmed denial of motion. 09/12/07 Mandate issued. United States District Court, Northern District Petition for Writ of Habeas Corpus USDC# 07-00388 09/07/07 Petition filed. 02/04/10 Petition denied. 10/07/10 Certificate of Appealability denied on limited remand. United States Court of Appeals, Eleventh Circuit Habeas Appeal USCA# 10-11042 (Pending)

02/23/10 Appeal filed. 09/13/10 Limited remand to USDC. 01/18/11 Certificate of Appealability denied Factors Contributing to the Delay in Imposition of Sentence: Dillbecks 3.850 Motion was pending from 04/23/97 until 09/05/02. Case Information: Dillbeck filed a Direct Appeal with the Florida Supreme Court on 04/17/91, raising ten trial court errors. The FSC chose to address only the following error claims: refusing to excuse three jurors for cause, failure to allow evidence of inability to form specific intent, requiring Dillbeck to submit to examination by the States mental health expert, and improper finding of the escape aggravating circumstance. The court affirmed the conviction and sentence on 04/21/94. Dillbeck filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 01/17/95 that was denied on 03/20/95. Dillbeck filed a 3.850 Motion with the circuit court on 04/23/97 that was denied on 09/05/02. Dillbeck filed a 3.850 Motion Appeal with the Florida Supreme Court on 09/18/02, citing ineffective assistance of counsel and other claims. On 08/26/04, the FSC affirmed the denial of the ineffective assistance of counsel claims, but remanded the other claims to the Circuit Court to enter findings of fact and conclusions of law. Dillbeck filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 06/23/03, citing Ring claims. On 08/26/04, the FSC denied the Petition. On 07/15/05, the Circuit Court filed findings of fact and conclusions of law for the denial of the 3.850 Motion. Dillbeck filed a 3.850 Motion Appeal with the Florida Supreme Court on 08/09/05. On 05/10/07, the FSC affirmed the denial of the motion. The mandate was issued on 09/12/07. On 09/07/07, Dillbeck filed a Petition for Writ of Habeas Corpus in the United States District Court, Northern District that was denied on 02/04/10. On 02/23/10, Dillbeck filed a Habeas Appeal in the United States Court of Appeals, Eleventh Circuit, which is pending. On 09/13/10, the United States Court of Appeals remanded the case back to the United States District Court for the limited purpose of addressing the issue of whether a Certificate of Appealability (COA) should be issued in light of the Holland decision. On 10/07/10 the United States District court denied Dillbecks COA. The United States Court of Appeals agreed with the district court and, on 01/18/11 also denied the COA.

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 08/19/84 90 ASSAULTS OR ATTEMPT SUMTER C.I. 03/18/85 0 CONSUME INTOXICANTS SUMTER C.I. 05/19/93 0 POSS OF CONTRABAND UNION C. I. ________________________________________________________________ Report date: 05/24/01 TB Approved: WHS Updated: 01/27/11 JJK