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

TAYLOR, John (W/M)

DC #    J12116

DOB:   09/19/60

­­­Fourth Judicial Circuit, Clay County Case #97-1547

Sentencing Judge: The Honorable William A. Wilkes

Attorney, Trial: Nada M. Carey – Assistant Public Defender

Attorney, Direct Appeal: Nada M. Carey – Assistant PublicDefender

Attorney, Collateral Appeals: Frank Tassone, Jr. – Registry

Date of Offense:12/29/97

Date of Sentence: 10/07/99

Circumstances of Offense:

John Calvin Taylor was convicted and sentenced to death forthe murder of Shannon Holzer.

According to Shannon Holzer’s coworker and friend, CindySchmermund, on 12/29/97, Holzer left the Buddy Boy’s convenience store, wherethey worked, around 1:00 p.m. to deposit about $6,000 at the bank for thestore.  Holzer usually deposited money for Buddy Boy’s and the neighboringmeat shop. 

Schmermund claimed that, on 12/29/97, Holzer pulled up infront of the store with Taylor in the car and pumped gas.  Holzer thenentered Buddy Boy’s and Schmermund asked Holzer why Taylor was with her. Holzer answered that she was giving him a ride to Green Cove Springs sohe could pick up a rental car.  Taylor needed a rental car because histruck had been damaged in an accident.  Three other witnesses testified toseeing Taylor and Holzer leave together and hearing Holzer say she was takingTaylor to Green Cove Springs. 

Jeff Holzer, the victim’s husband, reported his wife missingwhen she did not return home the following day.  The police discoveredHolzer had not deposited the money into Buddy Boy’s account, and she had nottaken care of her horses. Police interviewed witnesses about Holzer’sdisappearance and were told Taylor and Holzer were seen together.

On the evening of 12/30/97, Holzer’s car was found on afirebreak road.  Her body was later found off the same road in thewoods.  According to a forensic pathologist, Holzer was stabbed ninetimes, with six stab wounds to her heart and three penetrating her leftlung.  The pathologist determined that each of the wounds could have beenfatal.  He testified that evidence suggested that Holzer was sitting inthe driver’s seat and attempted to defend herself against a person attackingfrom the passenger seat.  The pathologist further testified that therewere two small bruises inside Holzer’s vagina made fewer than 12 hours beforeher death.

Taylor was arrested on unrelated burglary charges on thesame day that Holzer disappeared.  At the time of his arrest, Taylor waswearing boxer shorts with a blood stain on them.  The bloodstain wasconsistent with Holzer’s DNA profile.

After discovering Holzer’s body, police deputies went toTaylor’s mobile home to interview him.  Taylor was no longer in custodyfor the burglary arrest and was present at the residence along with one of hisroommates, Michael McJunkin.  McJunkin answered the door.  Taylor hadjust gotten out of the shower and was wearing only a towel.  One of thedeputies told him to put on clothes while observing him to make sure he did nottry to pick up a weapon.  The deputies told Taylor that Holzer wasmissing, and he was the last one to see her alive. 

Shortly thereafter, two additional deputies arrived atTaylor’s residence.  One of the deputies took Taylor’s driver’s licenseout to the car to check for outstanding warrants.  Looking through awindow from outside, the officer saw Taylor pull something out of his pocketand place it under the chair cushion on which he was sitting.  Thinkingthe item was a weapon, the officer secured permission to look under thecushion.  He found $1,600.  The police then handcuffed Taylor, readhim his rights, and proceeded to take him outside.  Taylor consented tosearches of his mobile home and rental car.  According to one of theofficer’s testimony, Taylor informed him there was money inside a purple bagunder the passenger’s seat of the rental car.

Taylor’s roommates, James Bullard and Michael McJunkin,testified that Taylor remarked about wanting to have sex with Holzer. They also testified that Taylor was having financial trouble. McJunkin furthertestified that Taylor had spoken about robbing Holzer, because he knew Holzermade deposits at the bank for Buddy Boy’s, which was near their mobile homepark. 

According to McJunkin, he and Taylor had planned to robBuddy Boy’s.  McJunkin said that, at Taylor’s request, he dropped him offat Buddy Boy’s.  Taylor then told him to go back to his estranged wife’shouse and wait for him to call.  Two witnesses claimed to see Taylorsitting in a car with a man fitting McJunkin’s description shortly beforeHolzer left to make the deposit.  Sometime later, McJunkin went to pick upTaylor after he called from a gas station in Green Cove Springs.  McJunkinparked in a parking lot while Taylor counted money that he put into a purplebag.  McJunkin claimed that Taylor said that, if Holzer did not show upfor a couple of days, then things would be okay.  According to McJunkin,he and Taylor then went back to their mobile home.  Taylor changedclothes, put the clothes that he had been wearing into a bag and put the baginto a dumpster.

On the day that Holzer vanished, Taylor was photographeddepositing $1,700 into his bank account, which at the time had a negativebalance.  That same day, Taylor inquired about buying a truck at a cardealership.  Taylor and McJunkin also visited a bar where Taylor boughtdrinks for others and ran up a tab that ended up being several hundreddollars.  In addition, Taylor tipped the bartender $200.

Taylor testified at the trial in his own defense.  Heclaimed that McJunkin committed the robbery and murder.  According toTaylor, McJunkin had taken the rental car and left him without transportationat his estranged wife’s home. Taylor then walked to Buddy Boy’s and requested aride from Holzer to his mobile home.  When they arrived at the mobilehome, McJunkin requested a ride to Green Cove Springs.  Taylor furtherclaimed that he went to pick up McJunkin after he called from a gas station inGreen Cove Springs.  Taylor denied telling a deputy about the money in therental car.  Taylor claimed that the money he had deposited at the bankand hidden in the trailer was from stealing a man’s briefcase.

Codefendant Information:

Michael McJunkin (Clay County Circuit Court #98-0068)

Michael McJunkin was tried separately and convicted of beingan accessory after the fact and robbery with a firearm.  On 09/09/99, hewas sentenced to 10 years and 6 months for each conviction.

Trial Summary:

02/26/98         Taylor was indicted on the following counts:

                                   Count I:          First-Degree Murder

                                   Count II:         Robbery with Firearm

07/23/99         The jury found Taylor guilty for each count of the indictment.

08/13/99         Upon advisory sentencing, the jury, by a 10 to 2 majority, voted for the deathpenalty.

10/07/99         Taylor was sentenced as follows:

                                   Count I:          First-Degree Murder – Death

                                   Count II:         Robbery with Firearm– Life

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 96,959

855 So. 2d 1

11/03/99         Appeal filed.

06/05/03         FSC affirmed the conviction and sentence.

09/08/03         Rehearing denied.

09/08/03         Mandate issued.

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

USSC #03-7883

541 U.S. 905

12/08/03         Petition filed.

03/08/04         Petition denied.

State Circuit Court – 3.850 Motion

CC# 97-1547

10/29/04         Motion filed.

04/26/07         Amended motion filed.

11/02/10          Motion denied.

11/12/10          Motion for Rehearing filed.

12/21/10          Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC# 11-154

(Pending)

01/26/11          Appeal filed.

Case Information:

Taylor filed his Direct Appeal in the Florida Supreme Courton 11/03/99.  The issues addressed included that error occurred in thetrial court neglecting to suppress evidence seized from Taylor’s house andvehicle.  Taylor also contended that the trial court erroneously allowedhearsay testimony and required Taylor’s wife to testify about communicationsshe had with him.  Taylor further contended that error occurred in thetrial court’s weighing of aggravating and mitigating factors resulting in adisproportionate sentence of death. The Florida Supreme Court did not findmerit in any of Taylor’s arguments and affirmed the conviction and sentence on06/05/03. 

Taylor filed a Petition for Writ of Certiorari in the UnitedStates Supreme Court on 12/08/03.  The petition was denied on 03/08/04.

On 10/29/04, Taylor filed a 3.851 Motion with the StateCircuit Court.  An amended 3.851 Motion was filed on 04/26/07.  Themotion was denied on 11/02/10. A Motion for Rehearing was filed on 11/12/10 andwas denied on 12/21/10.

On 01/26/11, Taylor filed a 3.850 Appeal in the FloridaSupreme Court. This appeal is currently pending.

Institutional Adjustment:

________________________________________________________________________

Report Date:   04/20/06

Approved:       06/12/06

Updated:         02/08/11          EMJ