Green v. State

715 So. 2d 940, 1998 WL 253982
CourtSupreme Court of Florida
DecidedMay 21, 1998
Docket86983
StatusPublished
Cited by40 cases

This text of 715 So. 2d 940 (Green v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Green v. State, 715 So. 2d 940, 1998 WL 253982 (Fla. 1998).

Opinion

715 So.2d 940 (1998)

Curtis Champion GREEN, Appellant,
v.
STATE of Florida, Appellee.

No. 86983.

Supreme Court of Florida.

May 21, 1998.
Rehearing Denied August 10, 1998.

*941 Glenn Anderson, Winter Haven, for Appellant.

Robert A. Butterworth, Attorney General and Robert J. Landry, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

Curtis Champion Green appeals his conviction for first-degree murder and the imposition of a sentence of death. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. For the reasons expressed, we reverse the first-degree murder conviction and vacate the death sentence because the evidence, under the unusual factual circumstances of this case, is insufficient to prove premeditation. However, we do find that the record supports a conviction of second-degree murder.

FACTS

The record reflects the following facts. On the night of her murder, Karen Kulick, the victim in this case, was arrested for disorderly intoxication and resisting arrest without violence. The incident giving rise to this arrest took place at Gulledge Bail Bonds. Randy Gulledge was owner of the bail bond agency as well as the owner of a delicatessen. Kulick was Gulledge's former girlfriend and former employee at the restaurant. Kulick visited Gulledge's establishment on the evening of May 21, 1988. Gulledge testified that Kulick was angry and intoxicated at the time of her visit. Gulledge stated that, "[I] just told her to go on, you're drunk, ain't no sense in talking." Kulick refused to leave and Gulledge telephoned the police. An officer responded and temporarily resolved the situation by convincing Kulick to leave the establishment. She returned, however, a few minutes later. The officer arrested her and she became angry and screamed obscenities at the officer and Gulledge. Kulick was released from custody a few hours later at 2 a.m. on May 22.

Kulick's body was found on Masterpiece Gardens Road in Polk County, Florida, at approximately 3:30 a.m. on May 22. The only apparel worn by Kulick was a pair of shoes. Her body had been dragged from the side of the road and displayed in the middle of the intersection with her legs spread apart. Her body exhibited evidence of stab wounds and blunt trauma, but the cause of death was manual strangulation. At the time of her death, Kulick's blood alcohol level was.106.

The police conducted interviews with Kulick's acquaintances shortly after the discovery of her body. Green and Barney Franklin were questioned during the initial investigation. Green and Franklin told the detectives that they were together at Franklin's trailer during the time in question.

The police investigation of the murder then remained dormant for approximately six years. In October 1994, additional interviews were conducted with Green and Franklin. Franklin was contacted by Detective Larry Ashley at the Baker Correctional Institute where he was serving an eighteen-year prison term for sexual battery. Franklin told Ashley, "I know why you're here, you're here about that ... Karen Kulick girl." Franklin proceeded to implicate Green in Kulick's murder. Franklin and Green were subsequently indicted for Kulick's murder and arrested.

*942 Franklin testified on behalf of the State at Green's trial and recounted the following events. At the time in question, Green was living with Franklin and Franklin's wife in their trailer. On the afternoon of May 21, 1988, Green and Clyde Price, Jr., Franklin's stepson, went to Kulick's residence to pick her up. Franklin testified that Green and Price returned without Kulick, and that Green "was hollering and screaming about when he went to pick them up out there her daddy, or adopted daddy, got after them with a gun. So he come back and hollering that he was going to kill her before the night was out."[1] Franklin testified that later in the evening he drank vodka with Kulick and then drove her to Gulledge's establishment. Franklin stated that he returned to his trailer where he, his wife, and Green drank coffee together and then went to bed around 1 a.m. Franklin said that he and his wife were awake in bed at 1:30 a.m. when Kulick telephoned and asked him for a ride from jail. Franklin asserted that he refused to pick her up and returned to bed. Franklin stated that he heard Green drive away in his car shortly after he went back to bed. Franklin said that his wife also heard Green drive off in his car. Franklin claimed that he awoke the next morning to find Green outside the trailer cleaning his car. Franklin testified that he teased Green that Kulick was approaching the trailer, and that Green responded, "You won't see that bitch coming down through there.... You can believe that." Franklin also testified that Green danced after making the comment.[2]

Franklin's wife testified that the afternoon before the murder she overheard Green say, "I'll get even with the bitch, I'll kill her." Donna Snipes, Franklin's stepdaughter, also testified that she overheard Green say, "I'll get the bitch." Mrs. Franklin testified that she did not observe Green at the trailer on the evening of May 21, as claimed by her husband. Mrs. Franklin further stated that she did not have coffee with Green that evening; she was asleep at 1:30 a.m.; she never heard the telephone ring; and she did not hear Green leave in his car. Mrs. Franklin recalled that she learned of Kulick's death from a television report. She stated that when she informed her husband about the murder, he "didn't act shocked" and "it didn't bother him." Mrs. Franklin also said that she noticed scratches on her husband's back while she was telling him about the murder.

Angelo Gay testified that he had a conversation with Green in the summer of 1995 while the men were incarcerated at the Polk Correctional Institute. Gay testified that Green said he and his buddy picked up a girl in a "truck or a van or something" in front of the jail. Green then allegedly told Gay that he and his friend "did things to the girl" and "the bitch got crazy on us." Gay stated that Green said they threw the girl's body out on the highway wearing only her shoes. Gay testified that he was able to contact the state attorney who was prosecuting Green with the information regarding Kulick's murder because Green told him the name of the prosecutor. Gay also testified that he received no consideration from the State in return for his testimony.

The prosecutor summarized the State's theory of Kulick's murder in closing arguments to the jury. The prosecutor informed the jury that he did not believe Franklin's testimony to be totally truthful, even though Franklin was presented as a witness by the State. The prosecutor argued, "Barney Franklin took the stand. Barney Franklin told you he stayed home.... Barney Franklin didn't stay at home. This girl wasn't killed by one person, this girl was killed by two people." The prosecutor also argued that the fact that Kulick died from strangulation indicated that her murder was premeditated.

Green was convicted of first-degree murder and the jury recommended the death penalty by a vote of ten to two. The judge *943 followed the jury's recommendation and sentenced Green to death. In his sentencing order, the trial judge found the following two statutory aggravating circumstances: (1) Green was previously convicted of another felony involving the use or threat of violence to some person;[3] and (2) the crime was especially heinous, atrocious, or cruel.

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Bluebook (online)
715 So. 2d 940, 1998 WL 253982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-state-fla-1998.