Kaczmar v. State
2012 Fla. LEXIS 1922
Fla.2012Background
- Kaczmar was convicted of first-degree murder and sentenced to death for the killing of Maria Ruiz; the house where Ruiz was killed was set on fire to conceal the murder.
- Evidence tied Kaczmar to Ruiz by multiple strands: stabbing with a knife, blood on his socks, GPS/cell data, and a witness recounting a plan to frame Modlin.
- The State pursued counts of attempted sexual battery and arson in addition to first-degree murder; the jury recommended death 11–1.
- During guilt phase, the State introduced Priscilla Kaezmar’s testimony about observed drug use and a plan to frame Modlin, and undercover recordings were admitted with some redactions.
- In the penalty phase, the court found four aggravators, including prior violent felony and cold/calculted/premeditated aspects, but struck several after review; the Spencer hearing yielded mitigators, and the court ultimately imposed death.
- The Court affirmed the conviction but remanded for a new penalty phase due to errors in aggravating and mitigating findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the attempted sexual battery conviction lacked sufficient proof | Kaczmar | Kaczmar | Motion for judgment of acquittal granted; collateral aggravator struck |
| Whether Priscilla's testimony about framing Modlin was admissible under privilege | Kaczmar | Kaczmar | Privileged portions excluded; but harmless error; other evidence supported verdict |
| Whether the State’s use of edited exculpatory statements complied with completeness rule | Kaczmar | Kaczmar | Court did not abuse discretion; rule of completeness applied; impeachment warnings respected |
| Whether CCP aggravator was proven beyond a reasonable doubt | Kaczmar | Kaczmar | CCP aggravator struck; evidence insufficient for cold, calculated, and premeditated finding |
| Whether remand for a new penalty phase was proper given errors in aggravation/mitigation | Kaczmar | Kaczmar | Remand for new penalty phase; conviction affirmed |
Key Cases Cited
- Kerlin v. State, 352 So.2d 45 (Fla. 1977) (privilege extends to communications, not acts)
- DiGuilio, 491 So.2d 1129 (Fla. 1986) (harmless error standard for evidentiary rulings)
- Moore v. State, 943 So.2d 296 (Fla. 1st DCA 2006) (rule of completeness allows timely admission with caveats)
- Perry v. State, 801 So.2d 78 (Fla. 2001) (evidence must rebut reasonable hypotheses of innocence)
- Williams v. State, 967 So.2d 735 (Fla. 2007) (premeditation and circumstantial evidence standards)
- San Martin v. State, 717 So.2d 462 (Fla. 1998) (unconstitutional grounds in general verdicts)
- Hodges v. State, 55 So.3d 515 (Fla. 2010) (knife use evidence supporting premeditation)
- McWatters v. State, 36 So.3d 613 (Fla. 2010) (competent substantial evidence standard on JMOs)
- Franklin v. State, 965 So.2d 79 (Fla. 2007) (totality of circumstances in CCP analysis)
- Merck v. State, 975 So.2d 1054 (Fla. 2007) (harmless error in sentencing orders; proportionality context)
- Bell v. State, 699 So.2d 674 (Fla. 1997) (evidence of intent and corroboration in CCP context)