Taylor v. State

120 So. 3d 540, 2013 WL 2349488
CourtSupreme Court of Florida
DecidedMay 30, 2013
DocketNos. SC11-154, SC11-2053
StatusPublished
Cited by15 cases

This text of 120 So. 3d 540 (Taylor 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
Taylor v. State, 120 So. 3d 540, 2013 WL 2349488 (Fla. 2013).

Opinion

PER CURIAM.

John Calvin Taylor, II, appeals an order of the circuit court denying his motion to vacate his conviction of first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.851 and petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, [543]*543§ 3(b)(1), (9), Fla. Const. For the reasons that follow, we affirm the postconviction court’s denial of relief and deny Taylor’s habeas petition.

OVERVIEW

John Calvin Taylor, II, was convicted of the first-degree murder of Shannon Hol-zer and robbery with a deadly weapon. The jury recommended a sentence of death by a vote of ten to two. The trial court imposed a sentence of death, which this Court affirmed on direct appeal. Taylor filed a postconviction motion asserting various claims, and after an evi-dentiary hearing on some of those claims, the postconviction court denied Taylor’s motion. Taylor now appeals that denial of relief and has also filed a petition for writ of habeas corpus asserting ineffective assistance of appellate counsel on direct appeal.

FACTS AND PROCEDURAL HISTORY

On direct appeal this Court affirmed Taylor’s convictions and sentence. Taylor v. State, 855 So.2d 1, 32 (Fla.2003). This Court summarized the facts underlying Taylor’s convictions:

John Calvin Taylor, II (Taylor), was tried and convicted for the robbery and murder of Shannon Holzer (Holzer). The evidence presented at trial showed Jeff Holzer, the victim’s husband, arrived home early on the morning of December 30, 1997, and became concerned because his wife was not at home. After calling the police and local hospitals to see if any accidents had been reported, he called the police to report his wife missing. Later that evening, Holzer’s vehicle was discovered stuck in the mud on a fire break road in a wooded area. Holzer’s body was discovered a short time later off the road in the woods. She had been stabbed nine times in the abdomen and upper chest. Holzer’s clothing, including her pants and underwear, had been partially removed.
At trial, a forensic pathologist, Dr. Bonifacio Floro, testified that of Holzer’s nine stab wounds, six had penetrated her heart and three had penetrated her left lung. Dr. Floro indicated each of the wounds was potentially fatal. According to Dr. Floro, one wound, which he believed to be the initial wound, was consistent with having been made by someone sitting in the passenger’s seat while Holzer was seated in the driver’s seat and the rest of the wounds were consistent with the victim lying on her back. Dr. Floro also indicated that there were wounds and other signs that were consistent with Holzer struggling to escape or protect herself. Additionally, Dr. Floro discovered two small bruises inside the victim’s vagina and he opined that they were made no more than twelve hours before Holzer’s death.
Police learned that Holzer had last been seen the previous day at Buddy Boy’s, a small convenience store located in St. Johns County, Florida, where she was employed. Early in the afternoon of December 29, 1997, Holzer left work to deposit money for Buddy Boy’s and also to deposit money for a small meat shop that was located behind Buddy Boy’s. Cindy Schmermund was Holzer’s friend and coworker. Both Schmer-mund and Holzer knew Taylor from having worked at Buddy Boy’s. Schmer-mund remembered Holzer leaving around 1 p.m. to make the deposit, which had to be to the bank by 2 p.m. The deposit included cash and checks, with the cash portion of the deposit totaling more than $6000. Schmermund saw Holzer pull up to Buddy Boy’s gas pumps with Taylor in the car. After pumping the gas, Holzer entered the [544]*544store, and Schmermund questioned her as to why Taylor was in her car. Schmermund testified that Holzer said she was giving Taylor a ride to Green Cove Springs to pick up a rental car and that “[Taylor] was harmless. [I’ll] be fine. Don’t worry about it. I’ll be back in a minute.” Several other individuals, Joe Dunn, Arthur Mishoe, and Nolan Metcalf, also saw Taylor accompanying Holzer as she was leaving to make the deposit and each testified that they each heard Holzer making various statements about taking Taylor to Green Cove Springs, including statements that she did not want anyone to tell her husband that she was giving Taylor a ride.
On the day Holzer’s body was discovered, Taylor was arrested for an unrelated burglary involving the theft of a briefcase from a vehicle. At the time of his arrest, Taylor was wearing a pair of boxer shorts that were later discovered to have a blood stain that contained genetic material that was consistent with [ ] Holzer’s DNA profile.
At trial, the State introduced the testimony of James Bullard and Michael McJunkin, who lived with Taylor in the mobile home near Buddy Boy’s. Both Bullard and McJunkin testified that Taylor made comments about wanting to have sex with Holzer. Bullard and McJunkin also testified that Taylor was having financial problems and had been having difficulty paying his bills. Additionally, Taylor had recently been involved in an accident with his truck. While he was waiting on the insurance payments, he was driving a rented white Geo Metro.
The State also introduced evidence showing Taylor had substantial sums of money on the day of Holzer’s disappearance. Most notably, Taylor was photographed depositing $1700 into his bank account at 3:48 p.m., only a few hours after Holzer had deposited money for the meat shop. Before making the deposit, Taylor had a negative balance and had recently bounced several checks. That same afternoon, Taylor went to a restaurant and lounge to give the owner some money to cover some bad checks Taylor had written. Taylor also stopped by Garber Ford Mercury, a car dealership in Green Cove Springs, where he expressed interest in purchasing a truck. Additionally, on the evening of December 29, 1997, Taylor and McJunkin went to a local bar. A bartender testified that Taylor bought a number of drinks for other bar patrons and, by the end of the evening, he had incurred a bill of approximately $150 to $200. In addition to paying for the drinks, Taylor gave the bartender two $100 bills as a tip.
By early morning on December 30, 1997, the police had interviewed the witnesses who had seen Taylor with Holzer. The police also learned Holzer had not deposited the money into Buddy Boy’s account. Although they did not discover her car and body until later in the evening, police also knew that Holzer had not been to feed or tend to her horse. The police dispatcher put out information with Taylor’s address and a description of his rental car.
Deputy Chris Strickland was off duty and was driving with a friend in the vicinity of Vineyard Trailer Park when he learned from the dispatch about Hol-zer’s disappearance. Strickland proceeded to Taylor’s mobile home and discovered that Taylor’s rental car was parked outside. Strickland called in for a marked unit, and shortly thereafter, Deputy Bob Lindsey arrived. Deputies Strickland and Lindsey knocked on the door of the mobile home and McJunkin answered the door and invited the officers inside. Taylor had been taking a [545]*545shower and walked into the living room of the mobile home wearing only a towel. Deputy Strickland suggested Taylor get dressed, and watched Taylor get dressed to make sure that Taylor did not arm himself.

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Cite This Page — Counsel Stack

Bluebook (online)
120 So. 3d 540, 2013 WL 2349488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-state-fla-2013.