The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.

TAYLOR, Perry (B/M)

DC # 086160

DOB: 06/19/66

Thirteenth Judicial Circuit, Hillsborough County, Case #88-15525

Sentencing Judge: The Honorable M. Wm. Graybill

Resentencing Judge: The Honorable Diana M. Allen

Attorney, Trial: Nick Sinardi and Robert Simms – Special Assistant Public Defenders

Attorney, Resentence: Manuel Lopez - Special Assistant Public Defender

Attorney, Direct Appeal (1st & 2nd): Steven L. Bolotin – Assistant Public Defender

Attorney, Collateral Appeals: Robert Strain & David Gemmer – CCRC-M

Date of Offense: 10/24/88

Date of Sentence: 05/12/89

Date of Resentence: 06/23/92

Circumstances of Offense:

Perry Taylor was convicted and sentenced to death for the murder of Geraldine Birch.

Perry Taylor admitted to killing Geraldine Birch. According to Taylor, he was standing with a group of friends when Birch joined the group. Taylor claimed that the group dispersed but that as he walked away Birch called him back and told him that she was trying to get to Sulphur Springs. Taylor said that he did not have an automobile. At this point, Birch offered sex in exchange for money or crack cocaine. They agreed on ten dollars and went to the dugout of a Little League field. Otis Allen and Adrian Mitchell testified to seeing Taylor and Birch talking prior to their going into the dugout area.

Taylor said that he and Birch briefly had sex but that she ended the sex. Birch then began to perform oral sex on Taylor. Taylor claimed that Birch bit his penis, and he had to choke and hit her to make her let go of him. Taylor also admitted to additionally hitting Birch in anger. The medical examiner also testified that Birch had sustained a minimum of ten massive hits that damaged most of her internal organs, including her brain, larynx, heart, lungs, spleen and ribs. Furthermore, Birch was found to have a bite mark on her arm, bruising on her face, chest and stomach, and patches of missing hair. Taylor did not have the expected injuries based on his story.

Prior Prison History:

Offense Date	Offense	Sentence Date	County	Case #	Sentence Length
07/06/82	SEX BAT/COERCES BY THREAT	09/22/82	HILLSBOROUGH	8208808	4Y 0M 0D
07/06/82	SEX BAT/COERCES BY THREAT	06/10/86	HILLSBOROUGH	8208808	6Y 0M 0D

Prior Community Supervision History:

Offense Date	Offense	Sentence Date	County	Case No.	Community Supervision Length
07/06/82	SEX BAT/COERCES BY THREAT	09/22/82	HILLSBOROUGH	8208808	2Y 0M 0D

Trial Summary:

11/16/88 Taylor was indicted on the following counts:

Count I: First-Degree Murder (Geraldine Birch)

Count II: Sexual Battery with a Deadly Weapon

05/11/89 The defendant was found guilty on all counts charged in the indictment.

05/11/89 Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the

imposition of the death penalty.

05/12/89 Taylor was sentenced as follows:

Count I: First-Degree Murder (Geraldine Birch) – Death

Count II: Sexual Battery with Deadly Weapon – Life

06/27/91 The Florida Supreme Court affirmed the conviction but reversed the

sentence and remanded the case for resentencing.

05/21/92 Upon resentencing, the advisory jury, by an 8 to 4 majority, voted for the

imposition of the death penalty.

06/23/92 Taylor was resentenced as follows:

Count I: First-Degree Murder (Geraldine Birch) – Death

Count II: Sexual Battery with a Deadly Weapon – Life
Appeals Summary:

Florida Supreme Court – Direct Appeal (1st)

FSC #SC74-260

583 So. 2d 323

06/05/89 Appeal filed.

06/27/91 FSC affirmed the conviction but reversed the sentence and remanded the

case for resentencing.

08/20/91 Rehearing denied.

09/19/91 Mandate issued.

Florida Supreme Court – Direct Appeal (2nd)

FSC #SC80-121

638 So. 2d 30

07/09/92 Appeal filed.

05/05/94 FSC affirmed the sentence.

06/23/94 Rehearing denied.

07/25/94 Mandate issued.

U.S. Supreme Court – Petition for Writ of Certiorari

USSC #94-6088

513 U.S. 1003

09/19/94 Petition filed.

11/14/94 USSC denied the Petition.

Circuit Court – 3.850 Motion

CC #88-15525

03/12/96 Motion filed.

10/07/98 Amended Motion filed.

04/05/04 Evidentiary hearing held.

06/07/04 Evidentiary hearing held.

03/03/05 Evidentiary hearing held.

02/06/06 Motion denied.

Florida Supreme Court – 3.851 Appeal

FSC #SC06-615

3 So.3d 986

03/29/06 Appeal filed.

06/19/08 Appeal denied.

07/02/08 Motion for Rehearing filed.

01/29/09 Revised Opinion entered; Appeal denied.

01/29/09 Motion for Rehearing denied.

02/16/09 Mandate issued.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 07-1168

3 So.3d 986

06/25/07 Petition filed.

06/19/08 Appeal denied.

07/02/08 Motion for Rehearing filed.

01/29/09 Revised Opinion entered; Appeal denied.

01/29/09 Motion for Rehearing denied.

02/16/09 Mandate issued.

United States District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 10-00382

(Pending)

02/05/10 Petition filed.

Factors Contributing to the Delay in Execution of Sentence:

The 3.850 Motion was pending from 03/12/96 – 02/06/06.

Case Information:

Taylor filed his first Direct Appeal in the Florida Supreme Court on 06/05/89. The issues addressed included that the trial court erred in not performing a Neil inquiry based on the prosecutor’s peremptory challenge to a black juror; in not admitting evidence that Birch had used crack cocaine; and that the prosecutor included statements about what Taylor could do while he was in prison in his closing arguments, which Taylor argued were inflammatory and improper. On 06/27/91, the Florida Supreme Court affirmed the conviction but reversed the sentence of death and remanded the case for resentencing before a new jury because of the remarks made by the prosecutor.

Taylor filed his second Direct Appeal in the Florida Supreme Court on 07/09/92. The issues addressed included that a prospective juror opposing the death penalty was inappropriately excused, that the court did not perform a Neil Inquiry, that the death penalty is unconstitutional, that the judge did not properly instruct the jury, and that a sentence of death is not proportional. The Florida Supreme Court affirmed the sentence on 05/05/94.

On 09/19/94, Taylor filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 11/14/94.

On 03/12/96, Taylor filed a 3.850 Motion in the circuit court. An amended motion was filed on 10/07/98. The motion was denied on 02/06/06.

Taylor filed a 3.851 Appeal in the Florida Supreme Court on 03/29/06, which was denied on 06/19/08. Taylor filed a Motion for Rehearing on 07/02/08. On 01/29/09, the Florida Supreme Court entered a Revised Opinion which denied the 3.851 Appeal. On the same day, the Florida Supreme Court denied the Motion for Rehearing. On 02/16/09, the Florida Supreme Court issued a mandate in accordance with the opinion rendered on 06/19/08.

Taylor filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 06/25/07, which was denied on 06/19/08. Taylor filed a Motion for Rehearing on 07/02/08. On 01/29/09, the Florida Supreme Court entered a Revised Opinion which denied the Habeas Petition. On the same day, the Florida Supreme Court denied the Motion for Rehearing. On 02/16/09, the Florida Supreme Court issued a mandate in accordance with the opinion rendered on 06/19/08.

On 02/05/10, Taylor filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District. This file is currently pending.

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Report Date: 09/29/04 DDK

Approved: 09/29/04 JFL

Updated: 03/03/10 EMJ