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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.
*****
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
*****
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.
The appeal is currently pending.
FloridaCapitalCases.state.fl.us
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