Taylor v. State

Decision Date05 May 1994
Docket NumberNo. 80121,80121
Citation638 So.2d 30
Parties19 Fla. L. Weekly S250 Perry TAYLOR, Appellant, v. STATE of Florida, Appellee.
CourtFlorida Supreme Court

James Marion Moorman, Public Defender and Steven L. Bolotin, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen. and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

Perry Taylor appeals his sentence of death. We have jurisdiction under article V, section 3(b)(1) of the Florida Constitution.

Taylor was convicted and sentenced to death in May 1989 for the first-degree murder of Geraldine Birch. On appeal, this Court affirmed Taylor's convictions but vacated his sentence and remanded for a new sentencing. Taylor v. State, 583 So.2d 323 (Fla.1991). 1

The new jury recommended death by an eight to four vote. The judge found the following aggravating factors: (1) Taylor had a previous felony conviction involving the use or threat of violence; (2) the capital felony occurred during the commission of a sexual battery; and (3) the capital felony was especially heinous, atrocious, or cruel. The court found no statutory mitigators but did give some weight to Taylor's deprived family background and the abuse he was reported to have suffered as a child. The court considered but gave little weight to Taylor's remorse, to psychological testimony that while Taylor has above-average intelligence, he suffers from an organic brain injury, and to testimony concerning Taylor's good conduct in custody. The judge determined that the aggravating circumstances outweighed the mitigating factors and sentenced Taylor to death.

As his first issue on appeal, Taylor argues that the jury should not have been allowed to consider sexual battery as an aggravating circumstance because it unconstitutionally repeats an element of first-degree murder. We have considered and rejected arguments substantially the same as this in Stewart v. State, 588 So.2d 972 (Fla.1991), and Clark v. State, 443 So.2d 973 (Fla.1983), cert. denied, 467 U.S. 1210, 104 S.Ct. 2400, 81 L.Ed.2d 356 (1984). Taylor's claim is without merit.

Taylor next argues that prospective juror Arnaiz was improperly excused after stating her opposition to the death penalty. Prospective jurors may not be excused for cause simply because they voice general objections to the death penalty. Witherspoon v. Illinois, 391 U.S. 510, 522, 88 S.Ct. 1770, 1777, 20 L.Ed.2d 776 (1968). The critical question is whether the prospective juror's views would prevent or substantially impair the performance of her duty under oath and in accordance with the judge's instructions. Wainwright v. Witt, 469 U.S. 412, 424, 105 S.Ct. 844, 852, 83 L.Ed.2d 841 (1985). A prospective juror's inability to be impartial about the death penalty need not be made "unmistakably clear." Id. at 425, 105 S.Ct. at 852. "[T]here will be situations where the trial judge is left with the definite impression that a prospective juror would be unable to faithfully and impartially apply the law.... [T]his is why deference must be paid to the trial judge who sees and hears the juror." Sanchez-Velasco v. State, 570 So.2d 908, 915 (1990) (quoting Wainwright v. Witt, 469 U.S. at 424-26, 105 S.Ct. at 852-53). The trial judge's predominant function in determining juror bias involves credibility findings whose basis cannot be easily discerned from an appellate record, Witt, 469 U.S. at 429, 105 S.Ct. at 854, and it is the trial judge's duty to decide if a challenge for cause is proper. Id. at 423, 105 S.Ct. at 851.

Ms. Arnaiz's voir dire responses indicated that her feelings against the death penalty would impair her ability to serve as a juror in a capital case. Ms. Arnaiz asked to be heard privately and was questioned in camera about her beliefs and her ability to objectively follow the court's instructions. After encouragement by defense counsel, Ms. Arnaiz reluctantly agreed that she probably could follow the law despite her opposition to the death penalty. The trial judge found her answers conflicting and properly exercised the court's discretion in excusing Ms. Arnaiz.

Taylor also contends that the court erred in not requiring a Neil 2 inquiry when the State exercised a peremptory challenge of prospective juror Williams. Both Taylor and the victim in this case as well as Mr. Williams were black. Mr. Williams had earlier responded affirmatively when the prosecutor asked if any venirepersons had prior experience with law enforcement officers which would cause them to harbor ill feelings toward police. In addition, Mr. Williams had previously expressed some doubt to the court over whether he could concentrate on jury duty because he was holding two jobs and was worried about lost income. The prosecutor's challenge for cause based on Mr. Williams' employment concerns was denied. When the prosecutor later used a peremptory challenge to strike Mr. Williams, the defense objected and requested a Neil inquiry. The court noted that three black jurors had...

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21 cases
  • Taylor v. Sec'y
    • United States
    • U.S. District Court — Middle District of Florida
    • June 1, 2011
    ...23, 1992, Taylor was again sentenced to death. His sentence was affirmed by the Florida Supreme Court on May 5, 1994. See Taylor v. State, 638 So. 2d 30 (Fla. 1994). His petition for writ of certiorari in the United States Supreme Court was denied on November 14, 1994. See Taylor v. Florida......
  • Lowe v. State
    • United States
    • Florida Supreme Court
    • October 19, 2018
    ...that Mr. Simard could not "faithfully and impartially apply the law." Witt , 469 U.S. at 426, 105 S.Ct. 844 ; see also Taylor v. State , 638 So.2d 30, 32 (Fla. 1994) ("The trial judge found [the prospective juror's] answers conflicting and properly exercised the court's discretion in excusi......
  • State v. Frost
    • United States
    • Louisiana Supreme Court
    • December 1, 1998
    ...of State's challenge for cause where juror gave conflicting and equivocal answers regarding her views on the death penalty); Taylor v. State, 638 So.2d 30 (Fla.1994), cert. denied, 513 U.S. 1003, 115 S.Ct. 518, 130 L.Ed.2d 424 Thus, considering this juror's testimony as a whole, and not mer......
  • Hernandez v. State
    • United States
    • Florida Supreme Court
    • January 30, 2009
    ...which simply cannot be discerned from an appellate record." Smith v. State, 699 So.2d 629, 635-36 (Fla.1997) (citing Taylor v. State, 638 So.2d 30, 32 (Fla.1994)). Thus, it is within the province of the trial court to determine whether a challenge for cause is proper. Busby, 894 So.2d at 95......
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