Robards v. State
112 So. 3d 1256
| Fla. | 2013Background
- Robards was convicted of two counts of first-degree murder and sentenced to death for the Deluca murders (arson, burglary, theft, and murder context).
- Evidence linked Robards to the crimes: fingerprints on a newspaper in the Delucas’ home, a Deluca rifle found in his storage unit, a scale and cash from a post‑crime exchange, and a missing safe moved from the Delucas’ home.
- Investigative timeline shows Robards plotting to obtain the Deluca safe, moving it with Kenney, and hiding it in Ridpath’s garage; multiple storage unit visits after the murders connected him to the crime scene.
- Spencer hearings (2010) admitted expert testimony on alleged brain injury, steroid use, and mental health mitigating evidence; the court rejected statutory mental mitigators but weighed nonstatutory mitigation.
- Jury recommended death for each victim; trial court found four aggravators (prior capital felony, pecuniary gain, during a robbery, HAC) and weighed mitigating evidence in reaching death sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of seven-to-five death recommendation | Robards | Robards | Seven-to-five may be valid; precedent supports it. |
| Ineffective penalty-phase counsel on direct appeal | Robards | Penalty-phase counsel ineffectiveness | Not addressed on direct appeal; remand for postconviction review. |
| Amended aggravating notice and prior capital felony | Robards | Amendment was improper; but not fundamental error | Not fundamental error; no relief. |
| Guilt-phase closing argument errors | Robards | Prosecutor improperly commented on evidence | No reversible error; curative instructions and context undermine claim. |
| Sufficiency and proportionality of death sentences | Robards | Evidence insufficient/proportionality lacking | Evidence sufficient; sentences proportional to comparable cases. |
Key Cases Cited
- Davis v. State, 859 So.2d 465 (Fla. 2003) (seven-to-five death verdict not unconstitutional)
- Thompson v. State, 648 So.2d 692 (Fla. 1994) (death recommendation by majority rule permissible)
- Aguirre-Jarquin v. State, 9 So.3d 593 (Fla. 2009) (double homicide aggravation and mitigating circumstances)
- Lebron v. State, 982 So.2d 649 (Fla. 2008) (multiple aggravators and mitigating circumstances review)
- Lynch v. State, 841 So.2d 365 (Fla. 2003) (proportionality review in double homicide cases)
- Peterson v. State, 94 So.3d 514 (Fla. 2012) (seven-to-five death recommendation upheld)
- Caballero v. State, 851 So.2d 655 (Fla. 2003) (uncontradicted evidence and closing argument context)
- Porter v. State, 564 So.2d 1060 (Fla. 1990) (proportionality framework for death sentences)
- Spencer v. State, 615 So.2d 688 (Fla. 1993) (Spencer hearing framework for mitigation)