Durousseau v. State
55 So. 3d 543
| Fla. | 2010Background
- Durousseau was convicted of first-degree murder and sentenced to death for the strangulation murder of Tyresa Mack; DNA placed Durousseau at the Mack apartment and Mack was found nude from the waist down with a ligature around her neck, with Mack’s TV and jewelry missing.
- Indictments connected Mack’s murder to three other murders in 2002–2003 (Kilpatrick and McCallister) based on similar modus operandi and DNA evidence; trial admitted Williams rule evidence to prove identity and premeditation.
- Penalty phase jury recommended death by 10–2; court held a Spencer hearing and found four aggravators and sixteen nonstatutory mitigators, denying statutory mitigators.
- Defense challenged Williams rule admissibility, sufficiency of evidence for felony murder with robbery, the pecuniary gain aggravator, and mental mitigation; Ring claim was preserved but rejected.
- Appellate court conducted independent review of sufficiency of evidence and proportionality, affirming conviction and death sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Williams rule evidence | Durousseau | Durousseau | Admissible; probative and properly limited |
| Sufficiency of evidence for felony murder with robbery | State | State failed to prove robbery as underlying felony beyond reasonable doubt | Sufficient; robbery established as underlying felony |
| Pecuniary gain aggravator | State | Motive was sexual; pecuniary gain not proved | Supported by evidence of ransacked apartment and missing valuables |
| Mitigation— rejection of expert opinion | State | Trial court must weigh expert testimony | Court did not abuse discretion; substantial lay evidence supported rejection of expert |
Key Cases Cited
- Williams v. State, 110 So.2d 654 (Fla.1959) (Williams rule admissibility; relevance and limits to collateral crimes)
- McLean v. State, 934 So.2d 1248 (Fla.2006) (clear and convincing standard for collateral crime evidence)
- Gore v. State, 599 So.2d 978 (Fla.1992) (modi operandi similarities in Williams rule evidence)
- Drake v. State, 400 So.2d 1217 (Fla.1981) (identification via unique similarities in collateral crimes)
- Finney v. State, 660 So.2d 674 (Fla.1995) (pecuniary gain aggravator framework and evidence standards)
- Beasley v. State, 774 So.2d 649 (Fla.2000) (afterthought theory and robbery aggravator standards)