Michael Robinson

Case identification

Michael Robinson was prosecuted in the Ninth Judicial Circuit, Orange County, under Case #CR94-9210 (DC# 713735). His date of birth was 11/28/65. The sentencing judge was The Honorable Dorothy Russell.

Timeline

• 07/24/94 — Date of offense.
• 08/08/94 — Michael Robinson’s mother contacted the police and said her son had admitted killing his girlfriend, Jane Silvia.
• 08/10/94 — Robinson was arrested for unrelated misdemeanor drug charges; he was read Miranda Warnings, which he waived.
• 08/10/94 — Robinson told police a story that five drug dealers killed Silvia in his apartment while trying to retrieve drug money.
• 08/16/94 — Robinson told police a different story about stealing items from Silvia’s place to buy crack cocaine.
• 08/22/94 — Robinson was indicted.
• 01/23/95 — Robinson pled guilty.
• 03/30/95 — Robinson waived the right to a penalty phase jury.
• 04/12/95 — Robinson was adjudicated guilty for Count I.
• 04/12/95 — Robinson was sentenced to death for Count I.
• 11/21/96 — The Florida Supreme Court affirmed the conviction and reversed the sentence.
• 12/23/96 — A mandate was issued.
• 08/15/97 — Robinson was resentenced to death for Count I.
• 08/19/99 — The Florida Supreme Court affirmed the sentence of death.
• 10/25/99 — Rehearing was denied.
• 11/24/99 — A mandate was issued.
• 01/24/00 — Robinson filed a Petition for Writ of Certiorari in the United States Supreme Court.
• 04/03/00 — The petition was denied.
• 02/28/01 — Robinson filed a 3.850 Motion in the circuit court.
• 05/15/03 — The circuit court denied the 3.850 Motion.
• 07/11/03 — Robinson filed a 3.850 Appeal in the Florida Supreme Court.
• 07/07/05 — The Florida Supreme Court affirmed the denial of the 3.850 Motion.
• 05/03/04 — Robinson filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court.
• 07/07/05 — The Florida Supreme Court denied the habeas petition.
• 12/06/05 — Robinson filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District.

Background

The state determined that Robinson had an extensive history of drug abuse, including alcohol, marijuana and crack cocaine.

The offence

Michael Robinson was convicted and sentenced to death for the murder of his girlfriend, Jane Silvia.

Robinson’s mother sent money to Silvia to replace items that Robinson stole. Silvia and Robinson then went to the drug dealer to whom Robinson had sold the stolen items, and the drug dealer told Robinson and Silvia that he had sold Silvia’s property.

Robinson made statements to police that included the following narrative about the night of the murder, 07/24/94: Silvia fell asleep on the couch. Robinson retrieved a long-handled, steel dry wall hammer with a waffle pattern head and a claw on the back. When Robinson came back inside with the hammer, Silvia partially woke up. Robinson sat watching her and waited for her to fall back asleep. After Silvia fell back asleep, Robinson walked around the back of the couch and began hitting her in the head with the hammer, each time pushing it through her skull. Robinson turned the hammer around and used the claw part on her also. Robinson then retrieved a serrated turkey carving knife, stuck the knife into the soft part of her throat and down into her chest to stop her from breathing and her heart from beating, wrapped Silvia’s body in material, and buried her.

Robinson also told police that he had loved Silvia, but he killed her to stop her from confirming a police report that she had filed after Robinson stole her belongings. Robinson also told police that he killed Silvia to retrieve money that she was keeping in her shoe.

Investigation and police contact

On 08/08/94, Michael Robinson’s mother contacted the police and told them that her son had admitted killing his girlfriend, Jane Silvia.

Acting on this information, the police searched Robinson’s recently vacated residence and discovered bloodstains on the carpet.

On 08/10/94, Robinson was arrested for unrelated misdemeanor drug charges. He was read Miranda Warnings, which he waived. He told police that five drug dealers killed Silvia in his apartment when they were trying to retrieve drug money. Robinson said that the men hit her with a hammer and stole $100. Robinson told police that after the men left, he buried the body.

On 08/16/94, Robinson told the police a different story. He said that he stole items, such as electronic equipment, from Silvia’s place to buy crack cocaine.

Robinson took the police to where he had buried Silvia.

Arrest

Robinson was arrested on 08/10/94 for unrelated misdemeanor drug charges.

Charges and indictment

On 08/22/94, Robinson was indicted on the following:

• Count I: First-Degree, Premeditated Murder (Jane Silvia)

Plea and waiver

On 01/23/95, Robinson pled guilty.

On 03/30/95, Robinson waived the right to a penalty phase jury.

Trial

On 04/12/95, Robinson was adjudicated guilty for Count I.

Sentencing

On 04/12/95, Robinson was sentenced as follows:

• Count I: First-Degree, Premeditated Murder (Jane Silvia) – Death

On 11/21/96, the Florida Supreme Court affirmed the conviction; however, it reversed the sentence.

On remand from the Florida Supreme Court for a new penalty phase hearing, Robinson was resentenced to death on 08/15/97 as follows:

Direct appeals

Robinson filed his first Direct Appeal in the Florida Supreme Court on 04/26/95.

The issues addressed included that the trial court erred in handling mitigation, finding pecuniary gain, and in finding the crime cold, calculated, and premeditated. The Florida Supreme Court found error in the trial court’s handling of mitigating factors and affirmed the conviction, but remanded the case to the trial court for a new penalty phase hearing. A mandate was issued on 12/23/96.

On remand, Robinson was resentenced to death on 08/15/97.

Robinson filed his second Direct Appeal in the Florida Supreme Court on 09/08/97.

The issues addressed included that the trial court erred in not allowing Robinson to withdraw his guilty plea, denying Robinson additional funds for investigation, finding pecuniary gain, and in finding the crime cold, calculated, and premeditated. Robinson also argued that the penalty of death was disproportionate to the crime committed.

The Florida Supreme Court did not find errors that warranted reversing the sentence and affirmed the sentence of Death on 08/19/99. Rehearing was denied on 10/25/99. A mandate was issued on 11/24/99.

On 01/24/00, Robinson filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 04/03/00.

Post-conviction proceedings (3.850)

On 02/28/01, Robinson filed a 3.850 Motion in the circuit court. The circuit court denied the motion on 05/15/03.

Robinson filed a 3.850 Appeal in the Florida Supreme Court on 07/11/03.

In his appeal, Robinson argued that the trial court erred in denying an evidentiary hearing on numerous claims of ineffective counsel, that the trial court violated the Eighth and Fourteenth Amendments, and that lethal injection is unconstitutional. Robinson also raised issues regarding public records, his innocence and that he is insane and therefore cannot be executed.

The Florida Supreme Court affirmed the denial of Robinson’s Motion on 07/07/05.

Habeas corpus proceedings

Robinson filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court on 05/03/04.

In his petition, Robinson argued that error occurred in the Florida Supreme Court remanding him for a new penalty phase before the trial judge without a penalty phase jury present, that appellate counsel was ineffective for not raising this issue in his Direct Appeal and that his death sentence is unconstitutional under Ring v. Arizona, 536 U.S. 584 (2002).

The Court found Robinson’s first claim to be without merit and procedurally barred since it had been raised previously in the 3.850 proceedings. The Court also ruled that counsel cannot be deemed ineffective for failing to raise a meritless issue and Robinson had lawfully waived the right to a penalty phase jury which overrides his third claim.

The Florida Supreme Court denied the petition on 07/07/05.

On 12/06/05, Robinson filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District. The petition was currently pending.

Parties and legal representatives

Trial Attorneys were Michael L. Irwin and Mark C. Bender (private attorney). Direct Appeal Attorney was Charles S. Quarles (Assistant Public Defender). Collateral Appeals were James Lewis and Melissa Minsk Donoho.

Other details