Kopsho v. State
84 So. 3d 204
| Fla. | 2012Background
- Kopsho was convicted of first-degree murder for Lynne Kopsho’s October 27, 2000 killing; initial guilt trial in 2005 ended with death sentence, reversed for juror challenge error, new trial held; second trial evidence showed premeditation and planning with a Crossman gun swapped from a friend and a $3000 withdrawal to take to prison; Lynne tried to flee, Kopsho shot multiple times, then called 911 and kept bystanders away; Lynne died from eight gunshots though three likely caused by wounds; Kopsho confessed repeatedly to police and on 911, stating premeditation and planning.
- Penalty phase evidence included witnesses about Kopsho’s behavior after the murder, his probation status, victim impact statements, and evidence of a prior kidnapping/sexual assault conviction; trial court found four aggravators (prior violent felony, armed kidnapping, imprisonment/probation status, and CCP) and several minor to moderate mitigating factors; sentencing to death on July 2, 2009.
- Kopsho challenged admission of prior bad acts evidence (Williams rule) and the use of the 1992 kidnapping/sexual assault of Little as prior violent felony aggravator; he also challenged the CCP aggravator’s validity and the admission of an extramarital affair in the guilt/penalty phases.
- The State cross-appealed claiming HAC was not properly found and challenging Dr. McMahon’s testimony limitations; the court also independently reviewed sufficiency of the evidence for conviction and sentence.
- The court ultimately affirmed Kopsho’s conviction and death sentence, concluding admissible relevant prior-act evidence, proper CCP finding, admissible victim-impact and extramarital evidence, and sufficient evidence to support guilt and penalty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Williams rule evidence | Kopsho: prior abduction of Lynne at knifepoint should be excluded as irrelevant or prejudicial. | State: evidence relevant to show premeditation and planning. | Admissible; probative value outweighed prejudice when relevant to premeditation and context. |
| Cold, calculated, and premeditated (CCP) aggravator | Kopsho argues CCP not proven since murder occurred after plan was interrupted. | State contends evidence shows cool, calm reflection and heightened premeditation. | CCP properly found; record supports cool reflection, planning, and heightened premeditation. |
| Extramarital affair evidence admissibility | Kopsho argues relationship with Vivian irrelevant and prejudicial. | State contends relevant to Kopsho’s emotional state and credibility. | Admissible; not unduly prejudicial; relevant to emotional state and credibility. |
| Sufficiency of evidence for conviction and death sentence | There is insufficient evidence to sustain first-degree murder and death sentence. | Record shows Kopsho confessed and witnesses observed killings; independent sufficiency. | Competent, substantial evidence supports conviction and death sentence. |
Key Cases Cited
- Williams v. State, 110 So.2d 654 (Fla.1959) (test for admissibility of similar-fact evidence; relevancy governs admissibility)
- McWatters v. State, 36 So.3d 613 (Fla.2010) (prior act evidence admissible to prove premeditation and related issues; balancing test discussed)
- Lynch v. State, 841 So.2d 362 (Fla.2003) (cool, calm reflection and heightened premeditation; CCP analysis guidance)
- Zakrzewski v. State, 717 So.2d 488 (Fla.1998) (premeditation and CCP despite emotional distress; duty to show plan and calculation)
- Faison v. State, 426 So.2d 963 (Fla.1983) (test for confinement under kidnapping statute; elements for aggravating factor)