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, 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 – SpecialAssistant Public Defenders
Attorney, Resentence: Manuel Lopez - Special AssistantPublic 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 themurder of Geraldine Birch.
Perry Taylor admitted to killing Geraldine Birch. According to Taylor, he was standing with a group of friends when Birch joinedthe group. Taylor claimed that the group dispersed but that as he walkedaway Birch called him back and told him that she was trying to get to SulphurSprings. Taylor said that he did not have an automobile. At thispoint, Birch offered sex in exchange for money or crack cocaine. Theyagreed on ten dollars and went to the dugout of a Little League field. Otis Allen and Adrian Mitchell testified to seeing Taylor and Birch talkingprior to their going into the dugout area.
Taylor said that he and Birch briefly had sex but that sheended 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 tomake her let go of him. Taylor also admitted to additionally hittingBirch in anger. The medical examiner also testified that Birch had sustaineda 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 andstomach, and patches of missing hair. Taylor did not have the expectedinjuries 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: SexualBattery 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 thedeath penalty.
05/12/89 Taylor was sentenced as follows:
Count I: First-Degree Murder (Geraldine Birch) – Death
Count II: SexualBattery with Deadly Weapon – Life
06/27/91 The Florida Supreme Court affirmed the conviction but reversed the
sentence andremanded the case for resentencing.
05/21/92 Upon resentencing, the advisory jury, by an 8 to 4 majority, voted for the
imposition of thedeath penalty.
06/23/92 Taylor was resentenced as follows:
Count I: First-Degree Murder (Geraldine Birch) – Death
Count II: SexualBattery 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 forresentencing.
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 HabeasCorpus
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 ofSentence:
The 3.850 Motion was pending from 03/12/96 – 02/06/06.
Case Information:
Taylor filed his first Direct Appeal in the Florida SupremeCourt on 06/05/89. The issues addressed included that the trial courterred in not performing a Neil inquiry based on the prosecutor’s peremptorychallenge to a black juror; in not admitting evidence that Birch had used crackcocaine; and that the prosecutor included statements about what Taylor could dowhile he was in prison in his closing arguments, which Taylor argued wereinflammatory and improper. On 06/27/91, the Florida Supreme Court affirmed theconviction but reversed the sentence of death and remanded the case forresentencing before a new jury because of the remarks made by theprosecutor.
Taylor filed his second Direct Appeal in the Florida SupremeCourt on 07/09/92. The issues addressed included that a prospective juroropposing the death penalty was inappropriately excused, that the court did notperform a Neil Inquiry, that the death penalty is unconstitutional, that the judgedid not properly instruct the jury, and that a sentence of death is notproportional. The Florida Supreme Court affirmed the sentence on05/05/94.
On 09/19/94, Taylor filed a Petition for Writ of Certiorariin 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 circuitcourt. An amended motion was filed on 10/07/98. The motion wasdenied on 02/06/06.
Taylor filed a 3.851 Appeal in the Florida Supreme Court on03/29/06, which was denied on 06/19/08. Taylor filed a Motion forRehearing on 07/02/08. On 01/29/09, the Florida Supreme Court entered aRevised Opinion which denied the 3.851 Appeal. On the same day, theFlorida Supreme Court denied the Motion for Rehearing. On 02/16/09, theFlorida Supreme Court issued a mandate in accordance with the opinion renderedon 06/19/08.
Taylor filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 06/25/07, which was denied on 06/19/08. Taylorfiled a Motion for Rehearing on 07/02/08. On 01/29/09, the FloridaSupreme Court entered a Revised Opinion which denied the Habeas Petition. On the same day, the Florida Supreme Court denied the Motion forRehearing. On 02/16/09, the Florida Supreme Court issued a mandate inaccordance with the opinion rendered on 06/19/08.
On 02/05/10, Taylor filed a Petition for Writ of HabeasCorpus in the United States District Court, Middle District. This file iscurrently pending.
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Report Date: 09/29/04 DDK
Approved: 09/29/04 JFL
Updated: 03/03/10 EMJ