Robert Dwayne Morris

Case information

Robert Dwayne Morris was sentenced to death on April 13, 1999. His Florida Supreme Court opinion was SC95623 opinion SC04-1594, with DC# 550026. His date of birth was 03/03/63. His case was in the Tenth Judicial Circuit, Polk County, Case# CF94-3961A1-XX. The sentencing judge was The Honorable Robert A. Young. The trial attorney was Rex Dimmig. The Assistant Public Defender attorney on direct appeal was Steven L. Bolotin. The collateral appeals were Richard E. Kiley & James V. Viggiano (CCRC-M).

Timeline

• 09/01/94 — Date of offense
• 09/02/94 — Violet Livingston’s son discovered her body on the morning after the offense
• 09/29/94 — Indicted: Count I First-Degree Murder; Count II Burglary; Count III Sexual Battery; Count IV Armed Robbery
• 10/03/97 — Motion to sever Count III filed
• 10/04/94 — Defendant entered a plea of not guilty
• 12/30/98 — Judgment of acquittal entered on Count III
• 03/04/99 — Defendant was found guilty on all counts of the indictment
• 03/11/99 — Jury recommended death by a vote of 8-4
• 04/13/99 — Sentenced: Count I First-Degree Murder—Death; Count II Burglary—Life; Count IV Armed Robbery—Life
• 05/19/99 — Morris filed a Direct Appeal to the Florida Supreme Court
• 02/21/02 — Florida Supreme Court affirmed Morris’ conviction and sentence
• 03/14/02 — Mandate was issued
• 03/03/03 — Morris filed a 3.850 Motion to the Circuit Court
• 07/12/04 — 3.850 Motion denied by the Circuit Court
• 08/13/04 — Morris filed a 3.850 Appeal to the Florida Supreme Court
• 02/03/05 — Morris filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court
• 04/20/06 — Florida Supreme Court affirmed denial of the 3.850 Motion
• 04/20/06 — Petition for Writ of Habeas Corpus denied
• 06/02/06 — Morris’s motion for a rehearing was denied (filed in this case only)
• 06/19/06 — Mandate was issued

Background

At the time of the murder, Morris was on parole in the state of Missouri for two robbery convictions.

The offence

Violet Livingston’s son discovered her body on the morning of 09/02/94. The body was found between two beds, and both beds were disheveled. The bed sheets were wrapped tightly around her head. Blood was found on the walls, and the victim’s walking cane was found on one of the beds.

The medical examiner testified that the cause of death was multiple injuries. The victim had bruises, lacerations, rib fractures, a brain hemorrhage, and mechanical asphyxia due to suffocation. The injuries on her neck were consistent with her being strangled. She also had defensive wounds on her right forearm, hand, and knee. Many of the wounds were consistent with being beaten with a cane. The sequence of wounds could not be determined, but the medical examiner testified that the victim was alive during the beginning of the attack.

Outside of the apartment, a screen was leaning against the building. It had been taken off the kitchen window. The window was still closed, but the glass had been broken to gain entry into the apartment. A yellow chair had been placed under the porch light and the cover of the light had been taken off and placed on the ground.

Morris’ fingerprints were found on a partially unscrewed light bulb that was outside of the apartment. Morris’ fingerprints did not match any that were found inside of the apartment.

Fluids containing DNA were found in two locations on the victim’s body and on the curtain in the kitchen. These samples matched Morris’ DNA. Several of the victim’s belongings were found in Morris’ possessions, including coins from a rare coin collection. Witnesses testified that Morris made purchases with rare coins at a gas station near the victim’s residence.

When Morris took the stand, he admitted that he attempted to steal a bicycle from the victim’s apartment complex, but denied murdering the victim. He also admitted that he unscrewed the light bulb and went upstairs, because he had seen a bike at the top of the stairs. He stated that he was unable to take the bike because it was locked.

Investigation and arrest

The record described that Morris’ fingerprints were found on a partially unscrewed light bulb outside of the apartment, that DNA matching Morris was found in fluids on the victim’s body and on the kitchen curtain, and that the victim’s belongings were found in Morris’ possessions.

Trial

On 09/29/94, Morris was indicted as follows:

• Count I: First-Degree Murder
• Count II: Burglary
• Count III: Sexual Battery
• Count IV: Armed Robbery

On 10/04/94, Morris entered a plea of not guilty.

On 09/25/97, a motion to sever Count III filed was indicated as part of the trial proceedings. On 10/03/97, a motion to sever was filed, and on 10/03/97 it was granted.

On 12/30/98, judgment of acquittal was entered on Count III.

On 03/04/99, Morris was found guilty on all counts of the indictment.

On 03/11/99, the jury recommended death by a vote of 8-4.

Sentencing

On 04/13/99, Morris was sentenced as follows:

• Count I: First-Degree Murder — Death
• Count II: Burglary — Life
• Count IV: Armed Robbery — Life

Appeals

Morris filed a Direct Appeal to the Florida Supreme Court on 05/19/99. He argued that the court should not have excluded the testimony from one defense witness and that he should be granted a new trial due to improper juror contact.

On 02/21/02, the Court found no error and affirmed Morris’ conviction and sentence. The mandate was issued on 03/14/02.

On 03/03/03, Morris filed a 3.850 Motion to the Circuit Court, which was denied on 07/12/04.

Morris filed a 3.850 Appeal to the Florida Supreme Court on 08/13/04. On 04/20/06, the Court affirmed the trial court’s order denying Morris’s 3.850 Motion. The Court concluded that Morris failed to establish that any of the claims raised on appeal had merit or were not procedurally barred, and determined that Morris was not deprived of a fundamentally fair trial.

Morris’s motion for a rehearing was denied on 06/02/06. The mandate was issued on 06/19/06.

Morris filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court on 02/03/05, which was denied on 04/20/06.

Outcome

The Florida Supreme Court affirmed Morris’ conviction and sentence on 02/21/02. The 3.850 Motion denial was affirmed on 04/20/06. The petition for writ of habeas corpus was denied on 04/20/06. Morris’ motion for rehearing was denied on 06/02/06.

Other details

The case involved the victim’s bruises, lacerations, rib fractures, a brain hemorrhage, mechanical asphyxia due to suffocation, injuries on her neck consistent with strangulation, defensive wounds on her right forearm, hand, and knee, and injuries consistent with being beaten with a cane. The record stated that the sequence of wounds could not be determined, but the medical examiner testified the victim was alive during the beginning of the attack. The record also described that Morris’ fingerprints did not match any found inside the apartment and that his fingerprints were found on a partially unscrewed light bulb outside the apartment. Several of the victim’s belongings, including rare coin collection coins, were found in Morris’ possessions, and witnesses testified that Morris made purchases with rare coins at a gas station near the victim’s residence.