The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.

GUZMAN, James (W/M)

DC# 395352

DOB: 04/27/64

Seventh Judicial Circuit, Volusia County Case # 91-6795

Sentencing Judge: The Honorable Robert W. Rawlins, Jr. (Retired)

Attorney, Trial: Raymond Cass, Larry Henderson, Larry Powers – APD

Attorney, Resentence: Gerald F. Keating – Private

Attorney, Direct Appeal: James L. Rose – Private

Attorney, Collateral Appeals: Eric Pinkard & James Driscoll – CCRC-M

Date of Offense: 08/10/91

Date of Sentence: 10/16/92

Date of Resentence: 12/27/96

Circumstances of Offense:

Around 08/05/91, James Guzman and Martha Cronin began living together at the Imperial Motor Lodge, where they became acquainted with David Colvin, who also resided at the motel. At approximately 3:00 p.m. on 08/10/01, Guzman confessed to Cronin that he had killed Colvin and had taken a diamond ring and some money from him. Later, Guzman also discussed the commission of the crime with a cellmate named Paul Rogers in the spring of 1992.

On 08/12/91, Colvin’s body was discovered lying face down on the bed of his motel room. The body had nineteen stab, incision, and hack wounds to the face, skull, back, and chest and a defensive wound to the left hand. The body was soaked in blood and a large amount of blood was found spattered on the walls. A bent and twisted samurai sword was found on the light fixture above the bed. Colvin’s blood alcohol level was determined to be .34 at the time of death. The cause of death was determined to be loss of blood.

Prior Incarceration History in the State of Florida:

At the time of the crime, Guzman had a prior prison record that included incarceration for murder and violent crime convictions. The following is a Guzman’s prior prison history that covers periods of incarceration with the Florida Department of Corrections since January 1983.

Prior Prison History:
Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
11/04/1981	BURG/DWELL/OCCUP.CONVEY	08/24/1982	MIAMI-DADE	8125431	15Y 0M 0D
11/04/1981	GRAND THEFT,$300 LESS &20,000	08/24/1982	MIAMI-DADE	8125431	5Y 0M 0D
01/23/1982	2ND DEG.MURD,DANGEROUS ACT	08/24/1982	MIAMI-DADE	8203360	30Y 0M 0D
01/23/1982	2ND DEG.MURD,DANGEROUS ACT(ATTEMPTED)	08/24/1982	MIAMI-DADE	8203360	30Y 0M 0D
01/23/1982	KIDNAP;COMM.OR FAC.FELONY	08/24/1982	MIAMI-DADE	8203360	30Y 0M 0D
01/23/1982	ROBBERY W/FIREARM OR D/WEAPON	08/24/1982	MIAMI-DADE	8203360	30Y 0M 0D

Trial Summary:

01/07/92 Indicted as follows:

Count I First Degree Murder

Count II Armed Robbery

09/24/92 Jury returned guilty verdicts on both counts of the indictment

09/29/92 Jury recommended death sentence by a vote of 10-2.

10/16/92 Sentenced as follows:

Count I First-Degree Murder – Death

Count II Armed Robbery – Life imprisonment

12/27/96 Resentenced to death. Guzman waived jury retrial and jury resentence.

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 80,750

644 So. 2d 996

11/09/92 Appeal filed

09/22/94 FSC reversed conviction and death sentence

11/21/94 Rehearing denied

12/21/94 Mandate issued

Florida Supreme Court – Direct Appeal (after resentencing)

FSC# 89,640

721 So. 2d 1155

01/06/97 Appeal filed

10/01/98 FSC affirmed conviction and sentence

12/15/98 Rehearing denied

01/14/99 Mandate issued

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 98-8463

526 U.S. 1102

03/12/99 Petition filed

05/03/99 USSC denied petition

Circuit Court – 3.850 Motion

CC# 91-6795

03/27/00 Motion filed

11/30/00 Motion amended

10/15/01 Motion amended

03/05/02 Circuit Court denied Motion

Florida Supreme Court – 3.850 Motion Appeal

FSC# 02-860

868 So. 2d 498

04/15/02 Appeal filed

11/20/03 FSC affirmed in part and remanded in part

03/04/04 Rehearing denied

04/05/04 Mandate issued

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 02-2131

868 So. 2d 498

10/02/02 Petition filed

11/20/03 FSC denied Petition

03/04/04 Rehearing denied

04/05/04 Mandate issued

Circuit Court – 3.850 Motion (on remand)

CC# 91-6795

08/27/04 Legal memoranda filed

09/22/04 Circuit Court denied Motion

Florida Supreme Court – 3.850 Motion Appeal

FSC# 04-2016

941 So. 2d 1045

10/18/04 Appeal filed

06/29/06 FSC affirmed denial of the motion

07/20/06 Mandate issued

United States District Court, Middle District- Petition for Writ of Habeas Corpus

USDC # 06-01271

08/24/06 Petition filed

03/17/10 Order granting in part, denying in part

04/29/10 Motion for stay of retrial pending state habeas appeal granted

United States Court of Appeals, 11^th Circuit – Habeas Appeal (state)

USCA# 10-11442

(Pending)

03/25/10 Appeal filed by the state

Factors Contributing to the Delay in Imposition of Sentence:

Guzman’s original death sentence was vacated on 09/22/94, and he was resentenced on 12/27/96. On appeal, the Florida Supreme Court remanded to the Circuit Court to rule on Guzman’s Giglio claims.

Case Information:

On 11/09/92, Guzman filed a Direct Appeal with the Florida Supreme Court, citing numerous errors, yet the FSC only commented on two: error in not allowing the public defender to withdraw as counsel due to a conflict of interest and error in limiting testimony of two of the defense witnesses. Due to trial court error in both instances, the FSC reversed the conviction and death sentence of Guzman on 09/22/94.

On 12/27/96, Guzman was resentenced to death. Guzman waived the presence of a jury at either the retrial or the resentence.

Guzman filed a Direct Appeal with the Florida Supreme Court on 01/06/97, raising eight errors: improper denial of mistrial motion, absence of substantial and competent evidence of guilt, double jeopardy, improper ruling on “various issues,” disproportionate death sentence, improper finding of three aggravating circumstances (HAC; avoiding arrest; and cold, calculated, and premeditated). The FSC affirmed the conviction and sentence on 01/14/99.

Guzman filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 03/12/99 that was denied on 05/03/99.

Guzman filed a 3.850 Motion with the Circuit Court on 03/27/00 and amended the Motion on 11/30/00 and 10/15/01. The Motion was denied on 03/05/02.

Guzman filed a 3.850 Appeal with the Florida Supreme Court on 04/15/02, citing allegations of Giglio violations, by the State permitting false testimony; Brady violations, by the State withholding evidence; the State presenting misleading evidence; and the State giving an improper closing argument. On 11/20/03, the FSC affirmed the denial of the 3.850 Motion in part, but remanded the case to the Circuit Court to rule on Guzman’s Giglio claim. On 03/04/04, the FSC issued a revised opinion.

Guzman filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 10/02/02, citing allegations that his waiver of a jury for the penalty phase was invalid and his incompetence to be executed. On 11/20/03, the FSC denied the Petition.

On 08/27/04, upon remand to the Circuit Court, legal memoranda were filed regarding Guzman’s Giglio claims. On 09/22/04, the Circuit Court denied the 3.850 Motion.

Guzman filed a 3.850 Motion Appeal with the Florida Supreme Court on 10/18/04, citing Giglio claims. On 06/29/06, the FSC affirmed the denial of the motion.

On 08/24/06, Guzman filed a Petition for Writ of Habeas Corpus in the USDC, Middle District. On 03/17/10, the petition was granted in part (claim 1) and denied in part (claims 2-7). On 04/29/10, the USDC granted a stay of retrial pending the habeas appeal by the state.

On 03/25/10, the State filed a Habeas Appeal with the United States Court of Appeals, 11^th Circuit, which is pending.

Institutional Adjustment:

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

DATE DAYS VIOLATION LOCATION

02/13/86 0 DISOBEYING ORDER SUMTER C.I.

02/13/86 0 POSS OF STOLEN PROP SUMTER C.I.

07/27/86 0 TATOOING MARTIN C.I.

11/01/86 0 SPOKEN THREATS MARTIN C.I.

11/04/86 0 LYING TO A STAFF MEMBER MARTIN C.I.

09/01/88 0 MISUSE OF STATE PROP MARTIN C.I.

04/19/90 0 MISUSE OF STATE PROP TOMOKA C.I.

04/19/90 0 DISORDERLY CONDUCT TOMOKA C.I.

05/17/93 0 VERBAL DISRESPECT UNION C.I.

11/24/93 0 DISORDERLY CONDUCT UNION C.I.

12/28/94 0 UNAUTH USE ALC/DRUGS UNION C.I.

07/27/99 180 UNAUTH USE OF DRUGS UNION C. I.

07/19/01 0 POSS OF CONTRABAND UNION C. I.

________________________________________________________________________

Report Date: 08/10/01 JFL

Approved: 11/16/01 WS

Updated: 07/20/10 KKR