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 on for statistical or legal purposes.

BOLIN, Oscar Ray, Jr. (W/M)

DC# 519220

DOB: 01/22/62

Sixth Judicial Circuit, Pasco County, Case #91-521

Sentencing Judge: The Honorable Stanley Mills

Resentencing Judge: The Honorable William R. Webb

Trial Attorneys: Douglas J. Loeffler & David Siar – Assistant Public Defenders

Attorney, Direct Appeal: Douglas S. Connor – Assistant Public Defender

Attorneys, Retrial: Paul Firmani & Dean N. Livermore – Assistant Public Defenders

Attorney, Direct Appeal Resentencing: Douglas S. Connor – Assistant Public Defender

Attorneys, Second Retrial: Samuel Williams & John Swisher – Registry

Attorney, Collateral Appeals: Andrea Norgard – Registry

Date of Offense: 12/05/86

Date of Sentence: 10/30/92

Date of Resentencing: 10/09/96

Date of Second Resentencing: 12/28/01

Circumstances of Offense:

Teri Lynn Mathews was last seen alive on 12/05/86. She was believed to have been abducted in the vicinity of the Land O’ Lakes Post Office, where she had a post office box. Her car was found in the parking lot of the post office, with the engine running and the driver’s door open. Her mail was found scattered on the ground. Her body was found raped, stabbed and bludgeoned to death.

The investigation into Mathew’s murder uncovered no significant leads until the summer of 1990, when Danny Coby contacted Crime Stoppers in Fort Wayne, Indiana with information about the murder. Danny Coby was married to Cheryl Coby, the former wife of the defendant, Oscar Ray Bolin. Following the call made by her current husband, Cheryl Coby gave investigators a statement regarding the murder of Mathews, after which Bolin was indicted for her murder.

Additional Information:

Bolin was also convicted and sentenced to death for a second murder in Hillsborough County on 07/31/91 (Circuit Court Case #90-11832). Upon Direct Appeal, his conviction and sentence were reversed, and a retrial was ordered. Bolin was again sentenced to death on 06/04/99. On appeal, his conviction and sentence were reversed for the second time. In 2005 he was convicted of Second-Degree Murder and sentenced to life imprisonment.

Bolin was convicted and sentenced to death for a third murder in Hillsborough County on 10/11/91 (Circuit Court Case #90-11833). Upon Direct Appeal, his conviction and sentence were reversed, and a retrial was ordered. Bolin was again sentenced to death on 06/04/99. On appeal, his conviction and sentence were reversed for the second time and the case is now pending a retrial.

Trial Summary:

02/19/91 Defendant indicted on:

Count I: First-Degree Murder

10/12/92 The jury found the defendant guilty of First-Degree Murder.

10/14/92 Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the death penalty.

10/30/92 The defendant was sentenced as followed:

Count I: First-Degree Murder – Death

08/21/96 At retrial, the jury found the defendant guilty of First-Degree Murder.

08/23/96 Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the death penalty.

10/09/96 The defendant was resentenced as followed:

Count I: First-Degree Murder – Death

10/24/01 The jury found the defendant guilty as charged and Bolin waived a jury advisory sentencing recommendation.

12/28/01 The defendant was resentenced as followed:

Count I: First-Degree Murder – Death

Appeal Summary:

Florida Supreme Court - Direct Appeal

FSC #80,794

650 So. 2d 19

11/19/92 Appeal filed.

02/09/95 FSC reversed Bolin’s conviction and sentence and ordered a new trial.

03/15/95 Mandate issued.

Florida Supreme Court - Direct Appeal, Resentencing

FSC #89,385

736 So. 2d 1160

11/22/96 Appeal filed.

06/10/99 FSC reversed the conviction and sentence and ordered a retrial.

07/12/99 Mandate issued.

Florida Supreme Court - Direct Appeal, Resentencing

FSC #SC02-37

869 So.2d 1196

01/07/02 Appeal filed.

02/05/04 FSC affirmed Bolin’s conviction and sentence of death.

04/01/04 Rehearing denied.

04/01/04 Mandate issued.

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

USSC# 04-5092

543 U.S. 882

06/30/04 Petition filed

10/04/04 USSC denied Petition

Circuit Court – 3.851 Motion

CC# 91-521

10/03/05 Motion filed

09/17/08 Motion denied

Florida Supreme Court – 3.851 Appeal

FSC# 08-1963

10/17/08 Appeal filed

07/01/10 FSC affirmed the denial of the 3.851 motion

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

USDC# 10-1571

07/16/10 Petition filed

Factors Contributing to the Delay in the Imposition of the Sentence:

Twice the Florida Supreme Court has reversed Bolin’s death sentence, stemming from Circuit Court Case #91-521. Bolin was resentenced to death for a third on 12/28/01.

Case Information:

On 11/19/92, Oscar Ray Bolin filed a Direct Appeal in the Florida Supreme Court. In that appeal, Bolin argued that his spousal privilege had been violated with the admission of evidence concerning privileged communications between him and his former wife, Cheryl Coby. The trial court contended that the privilege had been waived by the taking of a discovery deposition of Cheryl Coby. Bolin argued that the trial court erred in failing to recognize that he had not waived this privilege, and as such, the information given at Coby’s deposition was erroneously admitted as evidence at trial. The Florida Supreme Court agreed. Another issue on appeal concerned a letter that Bolin wrote to an investigating detective prior to attempting suicide in 1991. The State argued that Bolin voluntarily waived his spousal privilege in that letter, but the issue was not raised during trial because the court had already deemed that Bolin waived his privilege in the discovery deposition. As such, there was insufficient evidence in the record for the Supreme Court to make a ruling as to the veracity of the voluntary waiver alleged by the State. The Supreme Court cautioned the trial court to closely examine the circumstances surrounding the sending of the letter and whether its contents constituted a voluntary consent to privileged information disclosed by Cheryl Coby. The Florida Supreme Court reversed Bolin’s conviction and sentence, and ordered a new trial on 02/09/95.

On 10/09/96, following a retrial, Bolin was resentenced to death. On 11/22/96, Bolin filed a Direct Appeal of that decision in the Florida Supreme Court. In that appeal, he argued that the State Circuit Court erred in denying his motion for individual and sequestered voir dire of prospective jurors who were exposed to prejudicial pretrial publicity. The Florida Supreme Court reversed Bolin’s convictions and sentence of death on 06/10/99, and ordered a new trial.

Following his second retrial on Circuit Court Case # 91-521, Bolin was resentenced to death on 12/28/01.

On 01/07/02, Bolin filed a Direct Appeal in the Florida Supreme Court. In that appeal, he argued that the trial court wrongfully denied his voir dire cause challenges, that the trial court abused its discretion in replacing a juror with an alternate and that the trial court erred in accepting his waiver of the jury recommendation. The Florida Supreme Court affirmed the conviction and sentence of death on 02/05/04.

On 06/30/04, Bolin filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which was denied on 10/04/04.

On 10/03/05, Bolin filed a 3.851 Motion with the Circuit Court, which was denied on 09/17/08.

On 10/17/08, Bolin filed a 3.851 Motion Appeal with the Florida Supreme Court. On 07/01/10, the FSC affirmed the denial of the 3.851 motion.

On 07/16/10, Bolin filed a Petition for Writ of Habeas Corpus with the United States District Court, Eleventh Circuit, which is pending.

BOLIN, Oscar Ray, Jr. (W/M)

DC # 519220

DOB: 01/22/62

Thirteenth Judicial Circuit, Hillsborough County, Case #90-11832

Sentencing Judge: The Honorable M. Wm. Graybill

Resentencing Judge: The Honorable J. Rogers Padgett

Trial Attorneys: Paul Firmani & Charles O’Connor – Assistant Public Defenders

Attorney, Direct Appeal: Douglas S. Connor – Assistant Public Defender

Attorneys, Retrial: Brian J. Donerly & Mark A. Ober – Private

Attorney, Direct Appeal Resentencing: Douglas S. Connor – Assistant Public Defender

Date of Offense: 01/25/86

Date of Sentence: 07/31/91

Date of Resentencing: 06/04/99

Circumstances of Offense:

On the morning of 01/25/86, a jogger found the body of Natalie Holley, manager of Church’s Fried Chicken, in the woods near his home. Holley’s abandoned car was discovered approximately five miles away from where her body was found.

The previous night, a deputy had run a check on one of two cars parked at the same corner where Holley’s abandoned car was found, and discovered that the car was registered to Oscar and Cheryl Bolin.

The investigation into Holley’s murder uncovered no significant leads until the summer of 1990, when Danny Coby contacted Crime Stoppers in Fort Wayne, Indiana, with information about the murder. Danny Coby was married to Cheryl Coby, the former wife of the defendant, Oscar Ray Bolin. Following the call made by her current husband, Cheryl Coby informed investigators that she was with Oscar Ray Bolin when he was casing the restaurant, but that they returned home, where she fell asleep. Coby recalled to investigators that Bolin woke her up at approximately 2:00 a.m. to tell her that he had killed Holley. She then accompanied him to clean Holley’s car and to dispose of other bloody evidence.

Additional Information:

Subsequent to the information provided by Cheryl Coby, Oscar Ray Bolin was extradited from Ohio, where he was being held on unrelated charges, to Hillsborough County to await his trial for the murder of Natalie Holley.

Bolin was also convicted and sentenced to death for a second murder in Hillsborough County on 10/11/91 (Circuit Court Case #90-11833). Upon Direct Appeal, his conviction and sentence were reversed, and a retrial was ordered. Bolin was again sentenced to death on 06/04/99. On appeal, his conviction and sentence were reversed for the second time and the case is now pending a retrial.

Bolin was convicted and sentenced to death for a third murder in Pasco County on 10/30/92 (Circuit Court Case #91-521). His conviction and sentence have been reversed twice and following his second retrial, Bolin was again sentenced to death on 12/28/01.

Trial Summary:

08/01/90 Defendant indicted on:

Count I: First-Degree Murder

Count II: Armed Robbery

Count III: Kidnapping

07/11/91 The jury found the defendant guilty on all counts.

07/12/91 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty.

07/31/91 The defendant was sentenced as followed:

Count I: First-Degree Murder – Death

Count II: Armed Robbery – 30 years

Count III: Kidnapping – Life Imprisonment

02/18/99 At retrial, the jury found the defendant guilty on all counts.

02/19/99 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty.

06/04/99 The defendant was resentenced as followed:

Count I: First-Degree Murder – Death

Count II: Armed Robbery – 30 years

Count III: Kidnapping – Life Imprisonment

10/07/05 At retrial, the jury found the defendant guilty of Second-Degree Murder.

10/11/05 The defendant was sentenced to a term of life imprisonment.

Appeal Summary:

Florida Supreme Court - Direct Appeal

FSC #78,468

642 So. 2d 540

08/19/91 Appeal filed.

04/21/94 FSC reversed the conviction and sentence and ordered a retrial.

06/20/94 Rehearing denied.

07/20/94 Mandate issued.

Florida Supreme Court - Direct Appeal, Resentencing

FSC # 95,774

796 So. 2d 511

06/14/99 Appeal filed.

08/30/01 FSC reversed the conviction and sentence and ordered a retrial.

09/26/01 Mandate issued.

Factors Contributing to the Delay in the Imposition of the Sentence:

Bolin’s death sentence, on Circuit Court Case #90-11832, has been reversed twice by the Florida Supreme Court.

Case Information:

Oscar Ray Bolin was sentenced to death on 07/31/91, after which he filed a Direct Appeal in the Florida Supreme Court on 08/19/91. In that appeal, Bolin argued that his spousal privilege had been violated with the admission of evidence concerning privileged communications between him and his former wife, Cheryl Coby. The trial court contended that the privilege had been waived by the taking of a discovery deposition of Cheryl Coby. Bolin agued that the trial court erred in failing to recognize that he had not waived this privilege, and as such, the information given at Coby’s deposition was erroneously admitted as evidence at trial. The Florida Supreme Court agreed. Another issue on appeal concerned a letter that Bolin wrote to an investigating detective prior to attempting suicide in 1991. The State argued that Bolin voluntarily waived his spousal privilege in that letter, but the issue was not raised during trial because the court had already deemed that Bolin waived his privilege with the discovery deposition. As such, there was insufficient evidence in the record for the Supreme Court to make a ruling as to the veracity of the voluntary waiver alleged by the State. The Supreme Court cautioned the trial court to closely examine the circumstances surrounding the sending of the letter and whether its contents constituted a voluntary consent to privileged information disclosed by Cheryl Coby. The Florida Supreme Court reversed Bolin’s conviction and sentence, and ordered a new trial on 04/21/94.

Following a retrial, Bolin was resentenced to death on 06/04/99. Bolin then filed a Direct Appeal of that decision in the Florida Supreme Court on 06/14/99. In that appeal, he argued that the State Circuit Court erred in finding that he voluntarily waived his spousal privilege in a letter he wrote to an investigating detective prior to attempting suicide in 1991. In finding that Bolin waived this privilege, the trial court allowed the videotaped testimony of Cheryl Coby, which divulged information normally protected by the spousal privilege, to be admitted into evidence. The Florida Supreme Court agreed with Bolin that the letter in question did not constitute a voluntary waiver of his spousal privilege. As such, the Florida Supreme Court reversed Bolin’s conviction and sentence on 08/30/01, and ordered a new trial.

On 10/11/05, Bolin was resentenced to a term of life imprisonment.

BOLIN, Oscar Ray, Jr. (W/M)

DC # 519220

DOB: 01/22/62

Thirteenth Judicial Circuit, Hillsborough County, Case #90-11833

Sentencing Judge: The Honorable M. Wm. Graybill

Resentencing Judge: The Honorable J. Rogers Padgett

Resentencing Judge: The Honorable Barbara Fleischer

Trial Attorneys: Paul Firmani & Charles O’Connor – Assistant Public Defenders

Attorney, Direct Appeal: Douglas S. Connor – Assistant Public Defender

Attorneys, Retrial: Brian J. Donerly & Mark A. Ober – Private

Attorneys, Direct Appeal (RS): Andrea Norgard & Douglas S. Connor – Assistant Public Defenders

Attorney, Retrial: David R. Parry – Private

Attorney, Direct Appeal (RS): Deborah Kucer Brueckheimer – Assistant Public Defender

Date of Offense: 11/05/86

Date of Sentence: 10/11/91

Date of Resentencing: 06/04/99

Circumstances of Offense:

The body of Stephanie Collins was found off the side of the road in Hillsborough County on 12/05/86. She had last been seen riding on the passenger’s side of a white van on 11/05/86. Medical examiners concluded that Collins suffered numerous stab wounds and had endured several severe blows to the head.

The investigation into Collins’ murder uncovered no significant leads until the summer of 1990, when Danny Coby contacted Crime Stoppers in Fort Wayne, Indiana with information about the murder. Danny Coby was married to Cheryl Coby, the former wife of the defendant, Oscar Ray Bolin. Following the call made by her current husband, Cheryl Coby informed investigators that on 11/05/86 Bolin picked her up from a restaurant and, on the drive home he tried to explain why there was a dead body in their trailer. At which point, Bolin confessed to killing the woman by stabbing her and beating her over the head. Cheryl Coby accompanied Bolin when he dumped the body, and was later able to direct authorities to that location. After dumping the body and returning to the trailer, Cheryl Coby noticed that everything appeared to be wet and there were several bloodstains.

Additional Information:

Bolin was also convicted and sentenced to death for a second murder in Hillsborough County on 07/31/91 (Circuit Court Case #90-11832). Upon Direct Appeal, his convictions and sentence were reversed, and a retrial was ordered. Bolin was again sentenced to death on 06/04/99. On appeal, his convictions and sentence were reversed for the second time. In 2005 he was convicted of Second-Degree Murder and sentenced to life imprisonment.

Bolin was convicted and sentenced to death for a third murder in Pasco County on 10/30/92 (Circuit Court Case #91-521). His convictions and sentence have been reversed twice and following his second retrial, Bolin was again sentenced to death on 12/28/01.

Trial Summary:

08/01/90 Defendant indicted on:

Count I: First-Degree Murder

Count II: Attempted Robbery

Count III: Kidnapping

10/11/91 The jury found the defendant guilty of the First-Degree Murder charge and the lesser offense of False Imprisonment.

He was acquitted of the Attempted Robbery charge.

10/11/91 Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the death penalty.

10/11/91 The defendant was sentenced as followed:

Count I: First-Degree Murder – Death

Count III: False Imprisonment – 5 years

04/08/99 At retrial, Bolin was tried for First-Degree Murder and False Imprisonment. The jury found the defendant guilty on both counts.

04/08/99 Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the death penalty.

06/04/99 The defendant was resentenced as followed:

Count I: First-Degree Murder – Death

Count II: False Imprisonment – 5 years

11/30/07 At the second retrial, the jury found the defendant guilty of First-Degree Murder

11/30/07 Upon advisory sentencing, the jury, by a 12 to 0 majority, voted for the death penalty

12/05/07 The defendant was sentenced as followed:

Count I: First-Degree Murder – Death

Appeal Summary:

Florida Supreme Court - Direct Appeal

FSC #78,905

650 So. 2d 21

11/08/91 Appeal filed.

04/21/94 FSC reversed the conviction and sentence and ordered a retrial.

02/09/95 FSC granted the motion for rehearing, withdrew their previous opinion in lieu of opinion issued on 02/09/95.

03/15/95 Mandate issued.

Florida Supreme Court - Direct Appeal, Resentencing

FSC #95,775

793 So. 2d 894

06/14/99 Appeal filed.

07/13/01 FSC reversed the conviction and sentence and ordered a retrial.

08/27/01 Rehearing denied.

09/26/01 Mandate issued.

Florida Supreme Court – Direct Appeal, Resentencing

FSC# 08-2148

(Pending)

11/17/08 Appeal filed.

11/18/09 Relinquished

05/19/10 Motion for extension of time granted. Time to complete the relinquishment proceedings extended to 07/19/10.

Factors Contributing to the Delay in the Imposition of the Sentence:

Bolin’s death sentence, on Circuit Court Case #90-11833, has been reversed twice by the Florida Supreme Court and an appeal is pending.

Case Information:

Oscar Ray Bolin was sentenced to death on 10/11/91, after which he filed a Direct Appeal in the Florida Supreme Court on 11/08/91. In that appeal, Bolin argued that his spousal privilege had been violated with the admission of evidence concerning privileged communications between him and his former wife, Cheryl Coby. The trial court contended that the privilege had been waived by the taking of a discovery deposition of Cheryl Coby. Bolin argued that the trial court erred in failing to recognize that he had not waived this privilege, and as such, the information given at Coby’s deposition was erroneously admitted as evidence at trial. The Florida Supreme Court agreed. Another issue on appeal concerned a letter that Bolin wrote to an investigating detective prior to attempting suicide in 1991. The State argued that Bolin voluntarily waived his spousal privilege in that letter, but the issue was not raised during trial because the court had already deemed that Bolin waived his privilege in the discovery deposition. As such, there was insufficient evidence in the record for the Supreme Court to make a ruling as to the veracity of the voluntary waiver alleged by the State. The Supreme Court cautioned the trial court to closely examine the circumstances surrounding the sending of the letter and whether its contents constituted a voluntary consent to privileged information disclosed by Cheryl Coby. The Florida Supreme Court granted Bolin’s motion for rehearing, and issued a revised opinion on 02/09/95, reversing the convictions and sentence of death.

Following a retrial, Bolin was resentenced to death on 06/04/99. On 06/14/99, Bolin filed a Direct Appeal of that decision in the Florida Supreme Court. In that appeal, he argued that the State Circuit Court erred in finding that he voluntarily waived his spousal privilege in a letter he wrote to an investigating detective prior to attempting suicide in 1991. In finding that Bolin waived this privilege, the trial court allowed the videotaped testimony of Cheryl Coby, which divulged information normally protected by the spousal privilege, to be admitted into evidence. The Florida Supreme Court agreed with Bolin that the letter in question did not constitute a voluntary waiver of his spousal privilege. As such, the Florida Supreme Court reversed Bolin’s convictions and sentence on 07/13/01, and ordered a new trial.

Following a second retrial, Bolin was resentenced to death on 12/05/07. On 11/17/08, Bolin filed a Direct Appeal in the Florida Supreme Court. On 11/18/09, the FSC relinquished the case to the lower court. On 05/19/10, the FSC granted an extension of time to complete the relinquishment proceedings by 07/19/10. This case is currently pending.

________________________________________________________________________

01/07/02 – ew

01/09/02 – approved –ws

07/26/10 – updated – kkr