Oscar Ray Bolin, Jr. v. State of Florida
184 So. 3d 492
| Fla. | 2015Background
- Oscar Ray Bolin Jr. was convicted and resentenced to death for the 1986 murder of Teri Lynn Matthews after multiple trials and appeals; significant trial evidence included eyewitness testimony implicating Bolin, a hospital-sheet wrapping the body, a wooden "tire buddy" club, and DNA/serology linking semen on the victim’s pants to Bolin.
- Bolin pursued multiple postconviction proceedings and habeas petitions; earlier convictions/vacaturs and appeals are part of the procedural history leading to the successive 3.851 motions at issue.
- In 2014–2015 Bolin filed successive postconviction claims based on: (1) a purported confession by Ohio inmate Steven Kasler; (2) alleged misconduct/contamination by former FBI agent Michael Malone and related expert testimony (Dr. Frederic Whitehurst); and (3) constitutional challenge to the Governor’s authority to sign death warrants while collateral claims were pending.
- The circuit court held evidentiary proceedings (including an August 24, 2015 hearing) and denied Bolin’s amended and successive motions; DNA testing excluded Kasler but did not exclude Bolin as a contributor to the semen stain.
- The Florida Supreme Court affirmed, holding Bolin failed to satisfy the legal standards for newly discovered evidence, Brady suppression, or other claims and rejected his challenge to the warrant-selection process.
Issues
| Issue | Bolin's Argument | State's Argument | Held |
|---|---|---|---|
| Kasler confession — newly discovered evidence (Jones standard) | Kasler confessed to the Matthews murder; that confession would probably produce acquittal or lesser sentence | Kasler’s statements were unreliable, insufficiently corroborated, and DNA excluded Kasler but did not exclude Bolin; overwhelming evidence against Bolin | Denied — confession not sufficiently corroborated or likely to produce acquittal/lesser sentence |
| Kasler confession — Brady suppression | State knew of Kasler confession and suppressed it, prejudicing Bolin | No material suppression: defense timeline undercuts suppression claim; confession unreliable and not outcome-determinative | Denied — no showing of material suppression or prejudice |
| Malone misconduct / Whitehurst testimony — newly discovered evidence & relevance | Former FBI analyst would testify Malone’s work is unreliable; this would undermine trial evidence | Malone did not test or testify regarding evidence presented at trial; allegations speculative, untimely, and not case-specific | Denied — untimely, speculative, not case-specific or relevant to evidence used at trial |
| Governor’s death-warrant selection process (Eighth/Due Process) | Governor’s unfettered discretion and issuance of warrant while collateral claims pending violate Eighth Amendment and due process | Court’s precedent rejects such challenges; procedural posture similar to prior cases; no due process violation here | Denied — claim precluded by precedent; no due process violation shown |
Key Cases Cited
- Bolin v. State, 869 So. 2d 1196 (Fla. 2004) (describes trial evidence and prior appeals in Bolin’s prosecutions)
- Jones v. State, 709 So. 2d 512 (Fla. 1998) (standards for newly discovered evidence)
- Jones v. State, 678 So. 2d 309 (Fla. 1996) (newly discovered evidence standard — reasonable doubt inquiry)
- Jones v. State, 591 So. 2d 911 (Fla. 1991) (newly discovered evidence and sentencing implications)
- Carpenter v. State, 785 So. 2d 1182 (Fla. 2001) (corroboration requirement for out-of-court statements against interest)
- Jackson v. State, 147 So. 3d 469 (Fla. 2014) (evidentiary-hearing standards in postconviction proceedings)
- Valentine v. State, 98 So. 3d 44 (Fla. 2012) (postconviction pleading/hearing principles)
- Walker v. State, 88 So. 3d 128 (Fla. 2012) (presumption of evidentiary hearing where doubt exists)
- Conahan v. State, 118 So. 3d 718 (Fla. 2013) (Brady framework restated)
- Trepal v. State, 846 So. 2d 405 (Fla. 2003) (public-records/correspondence and admissibility relevance)
- Marek v. State, 14 So. 3d 985 (Fla. 2009) (addressing warrant timing while collateral claims pending)
- Abdool v. Bondi, 141 So. 3d 529 (Fla. 2014) (due process review of death-warrant statute)
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (prosecution’s duty to disclose favorable evidence)