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 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 – AssistantPublic 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 & JohnSwisher – Registry
Attorney, Collateral Appeals: Andrea Norgard – Registry
Date of Offense: 12/05/86
Date ofSentence: 10/30/92
Date ofResentencing: 10/09/96
Date of SecondResentencing: 12/28/01
Circumstances of Offense:
Teri Lynn Mathews was last seen alive on 12/05/86. Shewas believed to have been abducted in the vicinity of the Land O’ Lakes PostOffice, where she had a post office box. Her car was found in the parkinglot of the post office, with the engine running and the driver’s dooropen. Her mail was found scattered on the ground. Her body wasfound raped, stabbed and bludgeoned to death.
The investigation into Mathew’s murder uncovered nosignificant leads until the summer of 1990, when Danny Coby contacted Crime Stoppersin Fort Wayne, Indiana with information about the murder. Danny Coby wasmarried to Cheryl Coby, the former wife of the defendant, Oscar RayBolin. Following the call made by her current husband, Cheryl Coby gaveinvestigators a statement regarding the murder of Mathews, after which Bolinwas indicted for her murder.
Additional Information:
Bolin was also convicted and sentenced to death for a secondmurder in Hillsborough County on 07/31/91 (Circuit Court Case #90-11832). Upon Direct Appeal, his conviction and sentence were reversed, and a retrialwas ordered. Bolin was again sentenced to death on 06/04/99. Onappeal, his conviction and sentence were reversed for the second time. In2005 he was convicted of Second-Degree Murder and sentenced to lifeimprisonment.
Bolin was convicted and sentenced to death for a thirdmurder in Hillsborough County on 10/11/91 (Circuit Court Case #90-11833). Upon Direct Appeal, his conviction and sentence were reversed, and a retrialwas ordered. Bolin was again sentenced to death on 06/04/99. Onappeal, his conviction and sentence were reversed for the second time and thecase 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 deathpenalty.
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 deathpenalty.
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 advisorysentencing 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 3.851motion
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 ofthe Sentence:
Twice the Florida Supreme Court has reversed Bolin’s deathsentence, stemming from Circuit Court Case #91-521. Bolin was resentencedto death for a third on 12/28/01.
Case Information:
On 11/19/92, Oscar Ray Bolin filed a Direct Appeal in theFlorida Supreme Court. In that appeal, Bolin argued that his spousalprivilege had been violated with the admission of evidence concerningprivileged communications between him and his former wife, Cheryl Coby. The trial court contended that the privilege had been waived by the taking of adiscovery deposition of Cheryl Coby. Bolin argued that the trial courterred in failing to recognize that he had not waived this privilege, and assuch, the information given at Coby’s deposition was erroneously admitted asevidence at trial. The Florida Supreme Court agreed. Another issueon appeal concerned a letter that Bolin wrote to an investigating detectiveprior to attempting suicide in 1991. The State argued that Bolinvoluntarily waived his spousal privilege in that letter, but the issue was notraised during trial because the court had already deemed that Bolin waived hisprivilege in the discovery deposition. As such, there was insufficientevidence in the record for the Supreme Court to make a ruling as to theveracity of the voluntary waiver alleged by the State. The Supreme Courtcautioned the trial court to closely examine the circumstances surrounding thesending of the letter and whether its contents constituted a voluntary consentto privileged information disclosed by Cheryl Coby. The Florida SupremeCourt reversed Bolin’s conviction and sentence, and ordered a new trial on02/09/95.
On 10/09/96, following a retrial, Bolin was resentenced todeath. On 11/22/96, Bolin filed a Direct Appeal of that decision in the FloridaSupreme Court. In that appeal, he argued that the State Circuit Court erred indenying his motion for individual and sequestered voir dire of prospectivejurors who were exposed to prejudicial pretrial publicity. The FloridaSupreme 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 FloridaSupreme Court. In that appeal, he argued that the trial court wrongfullydenied his voir dire cause challenges, that the trial court abused itsdiscretion in replacing a juror with an alternate and that the trial courterred in accepting his waiver of the jury recommendation. The FloridaSupreme Court affirmed the conviction and sentence of death on 02/05/04.
On 06/30/04, Bolin filed a Petition for Writ of Certiorariwith the U.S. Supreme Court, which was denied on 10/04/04.
On 10/03/05, Bolin filed a 3.851 Motion with the CircuitCourt, which was denied on 09/17/08.
On 10/17/08, Bolin filed a 3.851 Motion Appeal with theFlorida Supreme Court. On 07/01/10, the FSC affirmed the denial of the 3.851motion.
On 07/16/10, Bolin filed a Petition for Writ of HabeasCorpus with the United States District Court, Eleventh Circuit, which ispending.
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 on for statistical or legal purposes.
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 – AssistantPublic 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 ofNatalie Holley, manager of Church’s Fried Chicken, in the woods near hishome. Holley’s abandoned car was discovered approximately five miles awayfrom where her body was found.
The previous night, a deputy had run a check on one of twocars parked at the same corner where Holley’s abandoned car was found, anddiscovered that the car was registered to Oscar and Cheryl Bolin.
The investigation into Holley’s murder uncovered nosignificant leads until the summer of 1990, when Danny Coby contacted CrimeStoppers in Fort Wayne, Indiana, with information about the murder. DannyCoby was married to Cheryl Coby, the former wife of the defendant, Oscar RayBolin. Following the call made by her current husband, Cheryl Cobyinformed investigators that she was with Oscar Ray Bolin when he was casing therestaurant, but that they returned home, where she fell asleep. Cobyrecalled to investigators that Bolin woke her up at approximately 2:00 a.m. totell her that he had killed Holley. She then accompanied him to cleanHolley’s car and to dispose of other bloody evidence.
Additional Information:
Subsequent to the information provided by Cheryl Coby, OscarRay Bolin was extradited from Ohio, where he was being held on unrelatedcharges, to Hillsborough County to await his trial for the murder of NatalieHolley.
Bolin was also convicted and sentenced to death for a secondmurder in Hillsborough County on 10/11/91 (Circuit Court Case #90-11833). Upon Direct Appeal, his conviction and sentence were reversed, and a retrialwas ordered. Bolin was again sentenced to death on 06/04/99. Onappeal, his conviction and sentence were reversed for the second time and thecase is now pending a retrial.
Bolin was convicted and sentenced to death for a thirdmurder in Pasco County on 10/30/92 (Circuit Court Case #91-521). Hisconviction and sentence have been reversed twice and following his secondretrial, Bolin was again sentenced to death on 12/28/01.
Trial Summary:
08/01/90 Defendant indicted on:
Count I: First-DegreeMurder
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 deathpenalty.
07/31/91 The defendant was sentenced as followed:
Count I: First-Degree Murder – Death
Count II: Armed Robbery– 30 years
Count III: Kidnapping – LifeImprisonment
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 deathpenalty.
06/04/99 The defendant was resentenced as followed:
Count I: First-Degree Murder – Death
Count II: Armed Robbery– 30 years
Count III: Kidnapping – LifeImprisonment
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 ofthe Sentence:
Bolin’s death sentence, on Circuit Court Case #90-11832, hasbeen reversed twice by the Florida Supreme Court.
Case Information:
Oscar Ray Bolin was sentenced to death on 07/31/91, afterwhich 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 withthe admission of evidence concerning privileged communications between him andhis former wife, Cheryl Coby. The trial court contended that theprivilege had been waived by the taking of a discovery deposition of CherylCoby. Bolin agued that the trial court erred in failing to recognize thathe had not waived this privilege, and as such, the information given at Coby’sdeposition was erroneously admitted as evidence at trial. The FloridaSupreme Court agreed. Another issue on appeal concerned a letter thatBolin wrote to an investigating detective prior to attempting suicide in1991. The State argued that Bolin voluntarily waived his spousalprivilege in that letter, but the issue was not raised during trial because thecourt had already deemed that Bolin waived his privilege with the discoverydeposition. As such, there was insufficient evidence in the record forthe Supreme Court to make a ruling as to the veracity of the voluntary waiveralleged by the State. The Supreme Court cautioned the trial court toclosely examine the circumstances surrounding the sending of the letter andwhether its contents constituted a voluntary consent to privileged informationdisclosed by Cheryl Coby. The Florida Supreme Court reversed Bolin’sconviction and sentence, and ordered a new trial on 04/21/94.
Following a retrial, Bolin was resentenced to death on06/04/99. Bolin then filed a Direct Appeal of that decision in theFlorida Supreme Court on 06/14/99. In that appeal, he argued that theState Circuit Court erred in finding that he voluntarily waived his spousalprivilege in a letter he wrote to an investigating detective prior toattempting suicide in 1991. In finding that Bolin waived this privilege,the trial court allowed the videotaped testimony of Cheryl Coby, which divulgedinformation normally protected by the spousal privilege, to be admitted intoevidence. The Florida Supreme Court agreed with Bolin that the letter inquestion did not constitute a voluntary waiver of his spousal privilege. As such, the Florida Supreme Court reversed Bolin’s conviction and sentence on08/30/01, and ordered a new trial.
On 10/11/05, Bolin was resentenced to a term of lifeimprisonment.
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 on for statistical or legal purposes.
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 – AssistantPublic Defender
Attorneys, Retrial: Brian J. Donerly & Mark A. Ober –Private
Attorneys, Direct Appeal (RS): Andrea Norgard & DouglasS. 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 theroad in Hillsborough County on 12/05/86. She had last been seen riding onthe passenger’s side of a white van on 11/05/86. Medical examinersconcluded that Collins suffered numerous stab wounds and had endured severalsevere blows to the head.
The investigation into Collins’ murder uncovered nosignificant leads until the summer of 1990, when Danny Coby contacted CrimeStoppers in Fort Wayne, Indiana with information about the murder. DannyCoby was married to Cheryl Coby, the former wife of the defendant, Oscar RayBolin. Following the call made by her current husband, Cheryl Cobyinformed investigators that on 11/05/86 Bolin picked her up from a restaurantand, on the drive home he tried to explain why there was a dead body in theirtrailer. At which point, Bolin confessed to killing the woman by stabbingher and beating her over the head. Cheryl Coby accompanied Bolin when hedumped the body, and was later able to direct authorities to that location. After dumping the body and returning to the trailer, Cheryl Coby noticedthat everything appeared to be wet and there were several bloodstains.
Additional Information:
Subsequent to the information provided by Cheryl Coby, OscarRay Bolin was extradited from Ohio, where he was being held on unrelatedcharges, to Hillsborough County to await his trial for the murder of StephanieCollins.
Bolin was also convicted and sentenced to death for a secondmurder in Hillsborough County on 07/31/91 (Circuit Court Case #90-11832). Upon Direct Appeal, his convictions and sentence were reversed, and a retrialwas ordered. Bolin was again sentenced to death on 06/04/99. Onappeal, his convictions and sentence were reversed for the second time. In 2005 he was convicted of Second-Degree Murder and sentenced to lifeimprisonment.
Bolin was convicted and sentenced to death for a thirdmurder in Pasco County on 10/30/92 (Circuit Court Case #91-521). Hisconvictions and sentence have been reversed twice and following his secondretrial, Bolin was again sentenced to death on 12/28/01.
Trial Summary:
08/01/90 Defendant indicted on:
Count I: First-DegreeMurder
Count II: AttemptedRobbery
Count III: Kidnapping
10/11/91 The jury found the defendant guilty of theFirst-Degree Murder charge and the lesser offense of False Imprisonment.
He was acquittedof the Attempted Robbery charge.
10/11/91 Upon advisory sentencing, the jury, by a12 to 0 majority, voted for the death penalty.
10/11/91 The defendant was sentenced as followed:
Count I: First-DegreeMurder – Death
Count III: FalseImprisonment – 5 years
04/08/99 At retrial, Bolin was tried forFirst-Degree Murder and False Imprisonment. The jury found the defendantguilty on both counts.
04/08/99 Upon advisory sentencing, the jury, by a12 to 0 majority, voted for the death penalty.
06/04/99 The defendant was resentenced as followed:
Count I: First-DegreeMurder – Death
Count II: FalseImprisonment – 5 years
11/30/07 At the second retrial, the jury found the defendantguilty of First-Degree Murder
11/30/07 Upon advisory sentencing, the jury, by a12 to 0 majority, voted for the death penalty
12/05/07 The defendant was sentenced as followed:
Count I: First-DegreeMurder – 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 lieuof 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. Timeto complete the relinquishment proceedings extended to 07/19/10.
Factors Contributing to the Delay in the Imposition ofthe Sentence:
Bolin’s death sentence, on Circuit Court Case #90-11833, hasbeen 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, afterwhich 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 withthe admission of evidence concerning privileged communications between him andhis former wife, Cheryl Coby. The trial court contended that theprivilege had been waived by the taking of a discovery deposition of CherylCoby. Bolin argued that the trial court erred in failing to recognizethat he had not waived this privilege, and as such, the information given atCoby’s deposition was erroneously admitted as evidence at trial. TheFlorida Supreme Court agreed. Another issue on appeal concerned a letterthat Bolin wrote to an investigating detective prior to attempting suicide in1991. The State argued that Bolin voluntarily waived his spousalprivilege in that letter, but the issue was not raised during trial because thecourt had already deemed that Bolin waived his privilege in the discoverydeposition. As such, there was insufficient evidence in the record forthe Supreme Court to make a ruling as to the veracity of the voluntary waiveralleged by the State. The Supreme Court cautioned the trial court toclosely examine the circumstances surrounding the sending of the letter andwhether its contents constituted a voluntary consent to privileged informationdisclosed by Cheryl Coby. The Florida Supreme Court granted Bolin’smotion for rehearing, and issued a revised opinion on 02/09/95, reversing theconvictions and sentence of death.
Following a retrial, Bolin was resentenced to death on06/04/99. On 06/14/99, Bolin filed a Direct Appeal of that decision in theFlorida Supreme Court. In that appeal, he argued that the State CircuitCourt erred in finding that he voluntarily waived his spousal privilege in aletter he wrote to an investigating detective prior to attempting suicide in1991. In finding that Bolin waived this privilege, the trial courtallowed the videotaped testimony of Cheryl Coby, which divulged informationnormally protected by the spousal privilege, to be admitted intoevidence. The Florida Supreme Court agreed with Bolin that the letter inquestion did not constitute a voluntary waiver of his spousal privilege. As such, the Florida Supreme Court reversed Bolin’s convictions and sentence on07/13/01, and ordered a new trial.
Following a second retrial, Bolin was resentenced to deathon 12/05/07. On 11/17/08, Bolin filed a Direct Appeal in the Florida SupremeCourt. On 11/18/09, the FSC relinquished the case to the lower court. On05/19/10, the FSC granted an extension of time to complete the relinquishmentproceedings by 07/19/10. This case is currently pending.
________________________________________________________________________
01/07/02 – ew
01/09/02 – approved –ws
07/26/10 – updated – kkr