Peede v. State, SC04-2094.

Citation955 So.2d 480
Decision Date11 January 2007
Docket NumberNo. SC05-1885.,No. SC04-2094.,SC04-2094.,SC05-1885.
PartiesRobert Ira PEEDE, Appellant, v. STATE of Florida, Appellee. Robert Ira Peede, Petitioner, v. James R. McDonough, etc., Respondent.
CourtUnited States State Supreme Court of Florida

Neal A. Dupree, Capital Collateral Regional Counsel — Southern Region, Tiffany Murphy and Linda M. McDermott, Special Assistant CCR Counsel, and Andrea Harrington, Assistant CCR Counsel — Southern Region, Fort Lauderdale, FL, for Appellant/Petitioner.

Bill McCollum, Attorney General, Tallahassee, FL, and Scott A. Browne, Assistant Attorney General, Tampa, FL, for Appellee/Respondent.

PER CURIAM.

Robert Peede appeals the circuit court's denial of his postconviction motion to vacate his conviction of first-degree murder and sentence of death and petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. We affirm the trial court's denial of Peede's postconviction motion and deny the petition for writ of habeas corpus.

FACTUAL AND PROCEDURAL HISTORY

Peede was convicted of first-degree murder and sentenced to death for the killing of his wife. The essential facts are outlined in our opinion reviewing the denial of his first postconviction motion in Peede v. State, 748 So.2d 253 (Fla.1999) (Peede II):

The evidence at trial established that Peede returned to Miami to convince Darla [Peede's estranged wife] to go to North Carolina and serve as a decoy in an alleged scheme Peede had to kill his ex-wife and her boyfriend. Peede telephoned Darla and she agreed to pick him up at the airport. However, instead of returning to Darla's home as intended, they mistakenly got on the Florida Turnpike heading for Orlando. As they left the Miami area, Peede pulled a lock-blade knife and inflicted a superficial cut in Darla's side. Subsequently, outside of Orlando, Peede stopped the car, jumped into the back seat, and stabbed Darla in the throat. As a result of this injury, Darla bled to death. Peede was arrested in North Carolina before carrying out his scheme to murder his ex-wife, and he confessed to Darla's murder.

After his trial and conviction, a jury recommended the death penalty. The trial judge followed the jury's recommendation and sentenced Peede to death, finding three aggravating factors [n.2] and one mitigating circumstance. The trial court found in mitigation that Peede was under the influence of extreme mental or emotional disturbance, but attributed little weight to this finding. On appeal, this Court affirmed Peede's conviction and, although we found that the murder was not cold, calculated and premeditated (CCP), we nevertheless upheld the death penalty. See Peede v. State, 474 So.2d 808 (Fla. 1985).

[n.2] The three aggravating factors found by the trial court were: (1) previous conviction of two felony crimes involving the use of force or threat to another person; (2) murder committed during the commission of a kidnapping; and (3) murder committed in a cold, calculated and premeditated manner.

Peede II, 748 So.2d at 254.

We upheld the conviction and sentence on direct appeal. See Peede v. State, 474 So.2d 808, 809 (Fla.1985) (Peede I), and the United States Supreme Court denied Peede's petition for writ of certiorari. Peede v. Florida, 477 U.S. 909, 106 S.Ct. 3286, 91 L.Ed.2d 575 (1986). The governor then signed a death warrant, and Peede filed an emergency postconviction motion, raising fifteen issues.1 The trial court granted a stay of execution and thereafter scheduled an evidentiary hearing which never took place. Subsequently, Peede filed an amended motion, raising six additional issues.2

The trial court eventually denied all of Peede's claims without an evidentiary hearing even though the State conceded the need for an evidentiary hearing on certain claims and the court had scheduled one earlier. On appeal, this Court denied relief on some claims, but remanded for an evidentiary hearing on Peede's claim that he had not received any records pursuant to his request under chapter 119, Florida Statutes; Peede's Brady claims; some of Peede's claims involving ineffective assistance of counsel; and on Peede's claims "concerning his mental competency, the adequacy of the examinations into his competence, and, especially, the adequacy of his counsel's investigation and representation concerning the mental issues." Id. at 259.3 Upon remand and after an evidentiary hearing, the trial court found that no relief was warranted. Peede now appeals the trial court's denial of his postconviction claims.

Peede's Competency to Proceed with Postconviction Proceedings

Peede first argues that the trial court erred in finding Peede competent to proceed with postconviction proceedings. After our remand, defense counsel filed a motion to determine competency. Thereafter, the trial court appointed experts to examine Peede and conducted a competency hearing wherein testimony was presented by two experts for the defense and two experts appointed by the court. The two defense experts testified that Peede was unable to assist his counsel in the proceedings. The two court-appointed experts were unable to interview Peede because Peede refused; therefore, they were unable to render an opinion on competency. One court-appointed expert, Dr. Alan S. Berns, subsequently reviewed a videotaped interview conducted by a defense expert and thereafter opined in a written report that Peede was competent. Ultimately, the trial court determined that Peede was competent to proceed.

At a status conference after this determination, Peede's new counsel again questioned Peede's competency, and the trial court reaffirmed its prior competency ruling but granted the State's motion for Peede to submit to an examination by a mental health expert selected by the State. The court also granted a defense motion for an additional examination and appointed Dr. Berns to examine Peede. Dr. Berns filed a written report stating that Peede was uncooperative and recommended that Peede be transferred to the psychiatric unit of the Florida State Prison where he could be further observed and evaluated. The State agreed, and Peede was transferred to a state mental health facility.

Thereafter, Dr. David Frank from the psychiatric unit of Union Correctional Institution submitted a report stating that Peede refused most services and evaluations. He concluded that Peede had a personality disorder with antisocial and borderline features that did not require inpatient treatment. Dr. Gloria Calderon, a senior physician at Union, also recommended that Peede's psychiatric classification be lowered because he had not received any mental health treatment that year.

The trial court then conducted another hearing to determine Peede's competency. Dr. Frank, the defense's only witness, testified that Peede was not incompetent to assist his counsel in the proceedings, and that Peede's unwillingness to discuss the circumstances surrounding the murder was not due to any mental illness. During this hearing, the court asked Peede why he would not talk with his lawyer about the murder:

Court: Mr. Peede, why won't you talk to your lawyer about these things?

Peede: Truth is, it hurts too much. So I'm not thinking about it, and I don't want to talk about it.

Court: So it's just a decision. You decided not to talk about these things with your attorney because it's too painful for you; is that what you're saying? Emotionally painful for you? Did you hear my question Mr. Peede?

Peede: Sir, I just told you. I don't think about it. I don't talk about it. That's the end of it. If you want to kill me, kill me. That's it. I'm through with it.

Moreover, although defense counsel asserted that Peede would not discuss the facts of the murder, the evidentiary hearing testimony of Dr. Faye Sultan, a defense witness, demonstrated that Peede had discussed the murder with her. The trial court subsequently found Peede competent to proceed, concluding, "Simply put, Mr. Peede could assist his attorneys, if he wanted to, but is instead choosing not to discuss the facts of this case. It is clear to this Court that Mr. Peede is not incompetent, simply uncooperative."

Legal Standard for Competency

The test for whether a defendant is competent to stand trial is "whether he has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding—and whether he has a rational as well as factual understanding of the proceedings against him." Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960). This Court has explained:

"It is the duty of the trial court to determine what weight should be given to conflicting testimony." Mason v. State, 597 So.2d 776, 779 (Fla.1992). "The reports of experts are `merely advisory to the [trial court], which itself retains the responsibility of the decision.'" Hunter v. State, 660 So.2d 244, 247 (Fla.1995) (quoting Muhammad v. State, 494 So.2d 969, 973 (Fla.1986)). Thus, when the experts' reports or testimony conflict regarding competency to proceed, it is the trial court's responsibility to consider all the relevant evidence and resolve such factual disputes. See, e.g., Hardy [v. State], 716 So.2d [761,] at 764 [(Fla.1998)] (citing Hunter, 660 So.2d at 247).

"Where there is sufficient evidence to support the conclusion of the lower court, [this Court] may not substitute [its] judgment for that of the trial judge." Mason, 597 So.2d at 779. A trial court's decision regarding competency will stand absent a showing of abuse of discretion. See, e.g., Hardy, 716 So.2d at 764; Carter v. State, 576 So.2d 1291, 1292 (Fla.1989). Thus, the issue to be addressed by this Court is whether the circuit court abused its discretion in finding [the defendant] competent to proceed in his postconviction proceedings. In addressing that issue, we are mindful that a trial court's decision does not constitute an abuse of discretion...

To continue reading

Request your trial
67 cases
  • Hayes v. Sec'y, Fla. Dep't of Corr.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (11th Circuit)
    • 25 Agosto 2021
    ......SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents - Appellants. No. 19-10856 United States Court of Appeals, Eleventh ... "whether he has a rational as well as factual understanding of the proceedings against him." Peede v. State , 955 So.2d 480, 488 (Fla. 2007). Insanity, on the other hand, is determined at the time ......
  • Mccray v. State
    • United States
    • United States State Supreme Court of Florida
    • 21 Septiembre 2011
    ...of rational understanding—and whether he has a rational as well as factual understanding of the proceedings against him.” Peede v. State, 955 So.2d 480, 488 (Fla.2007) (quoting Dusky v. United States, 362 U.S. 402, 402, 80 S.Ct. 788, 4 L.Ed.2d 824 (1960)); § 916.12(1), Fla. Stat. (2008); Fl......
  • Anderson v. Sec'y
    • United States
    • United States District Courts. 11th Circuit. United States District Court of Middle District of Florida
    • 15 Julio 2011
    ...Anderson II, 18 So. 3d at 519-20. Citing Ake v. Oklahoma,470 U.S. 68, 105 S.Ct. 1087 (1985), and its own decision in Peede v. State, 955 So. 2d 480 (Fla. 2007), the Florida Supreme Court further found that Anderson "received an extensive mental health evaluation, conducted by an experienced......
  • Pittman v. State, s. SC08–146
    • United States
    • United States State Supreme Court of Florida
    • 7 Junio 2012
    ......State, 721 So.2d 274, 283 (Fla.1998). Appellate counsel cannot be deemed ineffective in failing to raise a nonmeritorious claim. See Peede v. State, 955 So.2d 480, 503 (Fla.2007). 12 IV. CONCLUSION         Based on the foregoing, we affirm the postconviction court's order ......
  • Request a trial to view additional results
1 books & journal articles
  • Pretrial motions and defenses
    • United States
    • James Publishing Practical Law Books The Florida Criminal Cases Notebook. Volume 1-2 Volume 1
    • 30 Abril 2021
    ...is unco-operative, the court does not err in finding that he is competent to proceed with postconviction proceedings. Peede v. State, 955 So. 2d 480 (Fla. 2007) First District Court of Appeal Where defendant’s counsel requests a competency evaluation, error for court to order an evaluation,......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT