Rodney Tyrone Lowe

Case identifiers and court

Rodney Tyrone Lowe was prosecuted in the Nineteenth Judicial Circuit, Indian River County, Florida, in Case# 90-658. The sentencing judge was The Honorable Joe Wild. The trial attorney was Clifford H. Barnes – Assistant Public Defender. The direct appeal attorney was Margaret Good – Assistant Public Defender. The collateral appeals attorney was Rachel L. Day – CCRC-S. The Florida Supreme Court opinion number was 77972 (SC05-633). The case designation DC# 699349 was associated with the matter. Lowe’s date of birth was 06/02/70.

Timeline

• 07/03/90 — Date of offense.
• 07/25/90 — Indicted on Counts I and II.
• 07/25/90 — Lowe entered a written plea of not guilty.
• 04/21/91 — Jury returned guilty verdicts on all counts of the indictment.
• 04/22/91 — Jury recommended death by a vote of 9-3.
• 05/01/91 — Sentenced to death; sentence imposed on Count II to run consecutive to Count I.
• 05/22/91 — Lowe filed his direct appeal to the Florida Supreme Court.
• 11/23/94 — Florida Supreme Court affirmed Lowe’s convictions and death sentence.
• 07/20/95 — Lowe filed a Petition of Writ of Certiorari to the United States Supreme Court.
• 10/02/95 — The United States Supreme Court denied the petition.
• 03/19/97 — Lowe filed a 3.850 Motion to the Circuit Court.
• 09/20/00 — Motion amended.
• 04/27/01 — Motion amended.
• 06/23/03 — Motion amended.
• 08/11/04 — Order rendered denying the second amended motion.
• 08/25/04 — Lowe filed a successive 3.850 Motion to the Circuit Court.
• 03/17/05 — Judge Hawley issued an order granting a new penalty phase, consolidating disposal of the first, second, and second amended successive motions.
• 04/15/05 — Lowe filed a 3.850 Appeal to the Florida Supreme Court, which was pending.
• 12/20/05 — Lowe filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was pending.

Background

Donna Burnell worked as a clerk at the Nu Pak convenience store in Indian River County, Florida.

The offence

On the morning of 07/03/90, a man entered the Nu Pak convenience store and shot Donna Burnell three times with a .32 caliber handgun. Burnell was shot in the face, head, and chest, and she died on the way to the hospital. The man left the scene without taking any money from the store.

Investigation and link to the accused

The police linked Rodney Lowe to the incident because his fingerprints were found at the scene and his vehicle was seen leaving the parking lot of the convenience store. The police brought Lowe in for questioning the following week. After having a brief conversation with his girlfriend, Lowe gave a statement that implicated him in the murder. Lowe was arrested after giving this statement.

Trial

On 07/25/90, Lowe was indicted as follows:

• Count I: First-Degree Murder
• Count II: Attempted Robbery with a Firearm

On 07/25/90, Lowe entered a written plea of not guilty.

On 04/21/91, the jury returned guilty verdicts on all counts of the indictment.

On 04/22/91, the jury recommended death by a vote of 9-3.

Sentencing

On 05/01/91, Lowe was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Attempted Robbery with a Firearm — 15 years, to run consecutive to the sentence of Count I

Appeals and collateral proceedings

Direct appeal

Lowe filed his direct appeal to the Florida Supreme Court on 05/22/91. He raised ten issues regarding the guilt phase and seven issues regarding the penalty phase. The main issue he raised was whether the trial court erred in admitting his confession. Lowe contended that the police used his girlfriend to coerce him to confess after he had invoked his right to counsel. The Florida Supreme Court found no merit in this claim and affirmed Lowe’s convictions and death sentence on 11/23/94.

United States Supreme Court

Lowe filed a Petition of Writ of Certiorari to the United States Supreme Court on 07/20/95. The petition was denied on 10/02/95.

3.850 motion practice and successive motions

Lowe filed a 3.850 Motion to the Circuit Court on 03/19/97. The motion was amended three times: 09/20/00, 04/27/01, and 06/23/03. On 08/11/04, an order was rendered denying the second amended motion. On 08/25/04, Lowe filed a successive 3.850 Motion to the Circuit Court.

Judge Hawley issued an order granting a new penalty phase on 03/17/05. The consolidated order disposed of the first, second, and second amended successive motions. The order was based on new evidence indicating that Lowe had an accomplice, Dwayne Blackmon, to the murder and robbery. The evidence took the form of affidavits and testimony from people who implicated Blackmon. It was also stated that Dwayne Blackmon died from a heart problem in August 2003.

On 04/15/05, Lowe filed a 3.850 Appeal to the Florida Supreme Court, which was pending. On 12/20/05, Lowe filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was pending.

Other details

Lowe’s direct appeal proceedings and subsequent filings included:

• Florida Supreme Court affirmation on 11/23/94
• A United States Supreme Court certiorari petition filed 07/20/95 and denied 10/02/95
• 3.850 motions filed 03/19/97 with amendments on 09/20/00, 04/27/01, and 06/23/03
• Denial of the second amended motion on 08/11/04
• Filing of a successive 3.850 Motion on 08/25/04
• Granting of a new penalty phase on 03/17/05 by Judge Hawley
• A pending 3.850 appeal filed 04/15/05
• A pending Petition for Writ of Habeas Corpus filed 12/20/05