Bobby Allen Raleigh

Case identification

• Name: Bobby Allen Raleigh
• Date of birth: 07/22/74
• Jurisdiction: Seventh Judicial Circuit, Volusia County
• Case number: 9400723
• Date of offense: 06/05/94
• Sentencing date: 02/16/96
• Sentencing judge: The Honorable S. James Foxman
• Trial attorney (private attorney): Michael Teal
• Direct appeal attorney: James B. Gibson – Assistant Public Defender
• Collateral appeals attorney: Ryan T. Truskoski - Registry
• Florida Supreme Court opinion: 87584, opinion SC03-710
• DC#: 124052
• Date of offense detail (circumstances): Raleigh and Domingo Figueroa went to Club Europe in DeLand to confront Douglas Cox about allegedly slapping Raleigh’s mother, confronted Cox in the parking lot during which Raleigh’s mother appeared and started screaming at Cox, Raleigh took his mother to his car and returned to Cox, Raleigh apologized for his mother’s actions, Raleigh and Cox shook hands and parted, Raleigh retrieved guns at his home, Raleigh and Figueroa drove with a gun to Cox’s trailer, Ronald Baker met the men at the door and told them Cox was sleeping, Raleigh and Figueroa drove down a nearby road and parked, they returned to the trailer after some time had passed, Raleigh went to the back of the trailer and shot Cox three times in the head at close range, Figueroa and Raleigh each shot Timothy Eberlin, Cox’s roommate, until their guns jammed, Eberlin was screaming so Raleigh beat him with his gun until he was quiet, after the murders Raleigh and Figueroa went to Raleigh’s residence, they burned the clothes they had worn during the murders, dumped bullets into a neighbor’s yard, and hid their guns in a secret compartment within Raleigh’s Subaru, that evening police went to Raleigh’s home, Raleigh agreed to speak with them but denied playing a part in the murders, after being informed that Figueroa had implicated him Raleigh confessed to killing both Cox and Eberlin, Raleigh’s confession was taped.

Timeline

• 06/05/94 — Bobby Allen Raleigh and Domingo Figueroa went to Club Europe in DeLand to confront Douglas Cox about allegedly slapping Raleigh’s mother; Cox and Timothy Eberlin were shot and killed during the events described.
• 02/16/96 — Raleigh was sentenced to death.
• 03/18/96 — Raleigh filed a Direct Appeal in the Florida Supreme Court.
• 11/13/97 — The Florida Supreme Court denied the Direct Appeal and affirmed the convictions and sentences.
• 05/20/98 — Raleigh petitioned the United States Supreme Court for a Writ of Certiorari.
• 10/05/98 — The petition was denied.
• 11/17/98 — Raleigh filed a 3.850 Motion in the Circuit Court.
• 08/11/00 — Raleigh amended the 3.850 Motion.
• 01/19/01 — Raleigh amended the 3.850 Motion.
• 03/24/03 — The 3.850 Motion was denied.
• 04/17/03 — Raleigh filed a 3.851 Appeal in the Florida Supreme Court.
• 06/01/06 — The Florida Supreme Court affirmed the denial of Raleigh’s 3.851 Motion.
• 06/23/03 — Raleigh filed a 3.851 Motion in the Circuit Court.
• 08/06/03 — The 3.851 Motion in the Circuit Court was denied.
• 12/30/03 — Raleigh filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 06/01/06 — The Petition for Writ of Habeas Corpus was denied.
• 06/21/06 — Raleigh filed a Petition for Writ of Certiorari.
• 06/21/06 — The petition is currently pending.

Background

• Raleigh’s mother was 15 years old when she gave birth to him.
• Raleigh stated that to this day he did not know who his biological father was.
• Raleigh believed that he was born from an incestuous relationship that his mother had with her brother.
• Raleigh’s mother denied the incest claim.
• Raleigh moved around frequently while growing up.
• For a while, Raleigh lived at his grandfather’s house.
• While Raleigh’s mother was living at her father’s house, Raleigh’s mother was sexually abused by her father as a form of payment for the accommodations.
• Raleigh was sexually abused while growing up as well.
• A doctor testified to medical evidence of Raleigh being molested by age four.
• Raleigh failed and repeated the seventh grade.
• Raleigh dropped out of high school in the tenth grade and eventually got his G.E.D.
• At 18 years old, Raleigh attempted suicide by taking pills and pesticides.
• A psychiatrist evaluated Raleigh and noted that Raleigh had an adjustment disorder with a depressed mood, had problems relating to others, exhibited poor judgment and lacked impulse control.
• The psychiatrist recommended treatment, but Raleigh’s mother decided against it.
• While Raleigh was in jail, a clinical neuropsychologist evaluated him.
• The clinical neuropsychologist found deficiencies in judgment and that Raleigh acted out of emotion rather than positive planning.
• The neuropsychologist described Raleigh as depressed, tense, nervous and having difficulty differentiating between fantasy and reality.
• The neuropsychologist stated that Raleigh had chronic feelings of insecurity, inadequacy and inferiority.
• The neuropsychologist concluded that Raleigh is a passive person with low self-esteem who is easily manipulated by others.
• Raleigh had a history of drug and alcohol abuse.

The offence

• Raleigh and Domingo Figueroa went to Club Europe in DeLand to confront Douglas Cox about allegedly slapping Raleigh’s mother.
• Raleigh confronted Cox in the parking lot while Raleigh’s mother appeared and started screaming at Cox.
• Raleigh took his mother to his car and returned to Cox.
• Raleigh apologized for his mother’s actions.
• Raleigh and Cox shook hands and parted.
• After leaving the club, Raleigh went to his home and retrieved guns.
• With Figueroa, he drove to Cox’s trailer.
• With a gun in his hand, Raleigh went to the front door of Cox’s trailer.
• Ronald Baker, a friend of Cox, met the men at the door of the trailer and told them Cox was sleeping.
• Raleigh and Figueroa drove down a nearby road and parked.
• After some time had passed, they returned to the trailer.
• Raleigh went to the back of the trailer and shot Cox three times in the head at close range.
• Figueroa and Raleigh each shot Timothy Eberlin, Cox’s roommate, until their guns jammed.
• Eberlin was screaming so Raleigh beat him with his gun until he was quiet.
• After the murders, Raleigh and Figueroa went to Raleigh’s residence.
• Raleigh and Figueroa burned the clothes they had worn during the murders.
• Raleigh and Figueroa dumped bullets into a neighbor’s yard.
• Raleigh and Figueroa hid their guns in a secret compartment within Raleigh’s Subaru.

Investigation and police contact

• That evening, the police went to Raleigh’s home.
• Raleigh agreed to speak with them, but denied playing a part in the murders.
• After being informed that Figueroa had implicated him in the murders, Raleigh confessed to killing both Cox and Eberlin.
• Raleigh’s confession was taped.

Trial

Charges and plea

• 06/21/94 — Raleigh was indicted on:
  • Count I: First-degree Murder (Douglas Cox)
  • Count II: First-degree Murder (Timothy Eberlin)
  • Count III: Armed Burglary
  • Count IV: Shooting into Building
• 06/24/94 — Raleigh pled not guilty.
• 06/06/95 — Raleigh pled guilty as part of a plea agreement.
  • The defendant pled guilty to Counts I and II.
  • The State agreed to nolle prosse Counts III and IV.

Advisory sentencing and verdict

• 08/15/95 — Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the death penalty on Counts I and II.

Sentencing

• 02/16/96 — Defendant was sentenced as follows:
  • Count I: First-degree Murder (Douglas Cox) — Death
  • Count II: First-degree Murder (Timothy Eberlin) — Death
  • Count III: Armed Burglary — Nolle Prosequi
  • Count IV: Shooting into a Building — Nolle Prosequi

Codefendant information

• Codefendant: Domingo Figueroa (Volusia County Circuit Court #94-0724).
• Domingo Figueroa received three life sentences for his part in the events that took place on 06/05/94.
• Figueroa was sentenced for three counts:
  • Two for first-degree murder
  • One count of armed burglary.

Appeals

Direct appeal (Florida Supreme Court)

• Raleigh filed a Direct Appeal in the Florida Supreme Court on 03/18/96.
• Raleigh argued issues including:
  • The trial judge failed to instruct the jury that he had no prior criminal history as a statutory mitigator.
  • The trial court erroneously advised the jury to view the pecuniary gain of the armed robbery as an aggravator.
  • The trial court failed to give the requested instruction on the CCP aggravator.
  • A juror was dismissed without legitimate cause.
  • Several aggravators such as avoiding arrest were erroneously found to be true.
  • Several mitigating factors were not given proper consideration, including being remorseful and cooperative and Figueroa receiving a life sentence.
  • The death sentence is proportionate.
• The Florida Supreme Court found all fourteen of Raleigh’s claims to lack merit and denied the appeal and affirmed the convictions and sentences on 11/13/97.

United States Supreme Court certiorari

• Raleigh petitioned the United States Supreme Court for a Writ of Certiorari on 05/20/98.
• The petition was denied on 10/05/98.

3.850 motion (Circuit Court)

• Raleigh filed a 3.850 Motion in the Circuit Court on 11/17/98.
• The motion was amended on 08/11/00 and 01/19/01.
• The 3.850 Motion was denied on 03/24/03.

3.851 appeal (Florida Supreme Court)

• Raleigh filed a 3.851 Appeal in the Florida Supreme Court on 04/17/03.
• The court reviewed four claims made by Raleigh:
  • Raleigh claimed he received an inadequate mental health evaluation.
  • Raleigh claimed ineffective assistance of counsel.
  • Raleigh claimed the State knowingly presented false testimonial evidence during his trial.
  • Raleigh claimed due process rights were violated by the State taking inconsistent positions during trial on who the principal actor in the murder of Eberlin was.
• On 06/01/06, the Florida Supreme Court affirmed the denial of Raleigh’s 3.851 Motion.

3.851 motion (Circuit Court)

• On 06/23/03, Raleigh filed a 3.851 Motion in the Circuit Court.
• The motion was denied on 08/06/03.

Habeas corpus (Florida Supreme Court)

• On 12/30/03, Raleigh filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• Raleigh argued two claims that Florida’s capital sentencing statute was unconstitutional:
  • A first claim regarding Apprendi v. New Jersey, 530 U.S. 466 (2000)
  • A second claim related to Ring v. Arizona, 536 U.S. 584 (2002)
• The petition was denied on 06/01/06.

Final certiorari (United States Supreme Court)

• Raleigh filed a Petition for Writ of Certiorari on 06/21/06.
• The petition is currently pending.

Other details

• Club Europe was in DeLand.