350 So.3d 25
Fla.2022Background
- On Jan. 15, 2015, Gordon participated in an armed pawnshop robbery; GPS-enabled stolen jewelry allowed police to track the fleeing red SUV into a Haines City subdivision.
- Occupants of the SUV fired on pursuing officers; the SUV abandoned in Chanler Ridge, some occupants fled; police located clothing, a rifle, and tracked scent to 618 Astor Drive.
- Officers discovered two women (Patricia Moran, 72, and Deborah Royal, 51) inside 618 Astor Drive, repeatedly stabbed and with defensive wounds; knives and blood evidence linked Gordon to the scene, including blood on T-shirts matching his DNA.
- While officers formed a perimeter, Gordon drove the victims’ car through the closed garage, accelerated past officers who fired at the car, crashed, and was apprehended nearby; he was Mirandized and made statements to officers.
- A 15-count indictment charged Gordon (including two counts of first-degree murder and multiple attempted-murder counts); a jury convicted on all counts tried and recommended death; the trial court found four aggravators and imposed death sentences for both murders.
- On appeal Gordon raised seven issues; this opinion focuses in detail on (1) the Batson/Melbourne challenge to the State’s peremptory strike of juror Kimberly James and (2) sufficiency of the evidence for attempted first-degree murder with a vehicle; court affirmed convictions and death sentences.
Issues
| Issue | Plaintiff's Argument (Gordon) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Peremptory strike of juror Kimberly James (Batson/Melbourne) | State struck James (a Black venireperson) for pretextual, race-based reasons; strike violated Batson/Melbourne | Strike was race-neutral (juror’s "I'm not God" comment and cousin incarcerated) and genuine | Rejected as not preserved—defense failed to make the specific contemporaneous challenge required to show pretext; trial court’s ruling affirmed |
| Sufficiency of evidence for attempted first-degree murder with a vehicle | Gordon argued he was escaping and lacked premeditation to deliberately try to kill officers | State urged evidence supported premeditation: prior high-speed chase, officers surrounding house, driving through garage and accelerating toward officers | Affirmed: competent, substantial evidence supported jury’s finding of premeditation and attempted murder |
| Weighting of mitigation and proportionality review | Gordon argued mitigating evidence (brain injury, low IQ, mental illness, abuse history) warranted greater weight and/or comparative proportionality review | State argued trial court properly considered and weighed mitigators and that Florida does not require comparative proportionality review | Affirmed: sentencing court permissibly weighed mitigators against four aggravators; Court reiterated no Eighth Amendment requirement for comparative proportionality review |
| Eighth Amendment claim based on mental illness/brain damage | Gordon argued mental illness/brain damage rendered execution unconstitutional (an Atkins-like protection) | State relied on precedent distinguishing mental illness/brain injury from intellectual disability and minors exempted from execution | Rejected: mental illness/brain damage alone does not categorically bar execution under Eighth Amendment; existing precedent controls |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (establishes prohibition on race-based peremptory strikes)
- Melbourne v. State, 679 So. 2d 759 (Fla. 1996) (Florida procedure for evaluating Batson challenges)
- Johnson v. State, 295 So. 3d 710 (Fla. 2020) (preservation requirements for challenging peremptory strikes)
- Bush v. State, 295 So. 3d 179 (Fla. 2020) (standard for sufficiency review: view evidence in light most favorable to State)
- Sparre v. State, 164 So. 3d 1183 (Fla. 2015) (definition of premeditation; intent may form shortly before act)
- Brown v. State, 126 So. 3d 211 (Fla. 2013) (premeditation may be brief but must permit reflection)
- Kansas v. Marsh, 548 U.S. 163 (2006) (limits of mitigation-sentencing jurisprudence under Eighth Amendment)
- Atkins v. Virginia, 536 U.S. 304 (2002) (categorical bar to execution for intellectually disabled persons)
- Roper v. Simmons, 543 U.S. 551 (2005) (categorical bar to execution of minors)
- Woodel v. State, 804 So. 2d 316 (Fla. 2001) (requirements for sentencing order to evaluate mitigators)