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.
JIMENEZ, Jose (W/M)
DC # 406677
DOB: 10/12/63
Eleventh Judicial Circuit, Dade County Case # 92-34156
Sentencing Judge: The Honorable Leslie Rothenberg
Trial Attorneys: Michael Matters & Andrew Kassier – Special Public Defenders
Attorney, Direct Appeal: J. Rafael Rodriguez – Special Appointed Public Defender
Attorney, Collateral Appeals: Martin McClain – Registry
Date of Offense: 10/02/92
Date of Sentence: 12/14/94
Circumstances of the Offense:
Jose Jimenez entered the home of Phyllis Minas, a 63-year-old woman, and beat and stabbed her to death. Minas’ neighbors heard her scream “Oh God, Oh my God!” during the attack. The neighbors attempted to enter the apartment through Minas’ unlocked front door. As they were attempting to enter, Jimenez slammed the front door shut and locked it. Jimenez left the apartment by going through the bedroom and out to the balcony. Jimenez jumped over to the neighboring apartment’s balcony and then jumped down to the ground.
When rescue workers arrived within minutes of the attack, Minas was still alive. Jimenez cleaned himself up and changed clothes before approaching neighbors in the hallway. Jimenez asked one of the female neighbors whether he could use her phone to call a cab.
Fingerprints were found on the inside of the front door of Minas’ apartment that matched Jimenez’s prints. Jimenez was arrested at his parents’ home in Miami, Florida, three days after the crime.
Additional Information:
Jimenez was subsequently convicted of Second-Degree Murder, Robbery with a Deadly Weapon, and Burglary with Assault for a different crime that was perpetrated on 10/19/90. He was sentenced to 17 years for the Murder, 17 years for the Robbery, and 15 years for the Burglary.
Trial Summary:
10/21/92 Defendant was indicted with the following:
Count I: First-Degree Murder
Count II: Burglary with Assault
10/06/94 Defendant was found guilty by the trial jury on all counts
11/10/94 The jury recommended Death by a vote of 12 to 0
12/14/94 Defendant was sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Burglary with Assault – Life sentence
*Please note, sentences are to run consecutively
Appeal Summary:
FSC #85,014
703 So. 2d 437
01/17/95 Appeal filed.
10/30/97 FSC affirmed the convictions and the sentence of Death.
01/28/98 Mandate issued.
USSC #97-7782
523 U.S. 1123
02/05/98 Petition filed.
05/18/98 Petition denied.
CC #92-34156
02/01/00 Motion filed.
06/08/00 Motion denied.
FSC #00-1436
810 So. 2d 511
07/05/00 Appeal filed.
09/26/01 Florida Supreme Court affirmed Circuit Court’s denial of 3.850.
12/17/01 Rehearing denied.
01/16/02 Mandate issued.
FSC #01-1660
800 So. 2d 614
07/12/01 Appeal filed.
08/27/01 State Motion to Dismiss filed.
11/13/01 Appeal dismissed.
USSC #01-8964
535 U.S. 1064
12/06/01 Petition filed.
05/13/02 Petition denied.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC #02-2600
861 So. 2d 429
12/11/02 Petition filed.
06/10/03 Petition denied.
USDC #04-20132
01/20/04 Petition filed.
04/27/05 Petition amended.
01/30/06 USDC denied petition.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 04-919
905 So. 2d. 125
05/26/04 Petition filed.
03/18/05 FSC denied Petition.
05/26/05 Rehearing denied.
Circuit Court – 3.851 Motion
CC# 92-34156
04/28/05 Motion filed.
09/15/05 CC denied Motion.
Florida Supreme Court – 3.851 Motion Appeal
FSC# 05-2373
997 So. 2d 1056
12/22/05 Appeal filed.
06/19/08 Appeal denied.
01/05/09 Mandate issued.
U.S. Court of Appeals, 11th Circuit – Petition for Certificate of Appealability
USCA# 06-14523
481 F.3d 1337
08/08/06 Petition filed
03/23/07 COA denied
United States Supreme Court – Petition for Writ of Certiorari
USSC#07-6644
128 S.Ct. 628
07/18/07 Petition filed
11/13/07 Petition denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 08-10122
04/29/09 Petition filed
06/22/09 Petition denied
Circuit Court – 3.850 Motion
CC# 92-34156
(Pending)
11/24/10 Motion filed
A period of two years elapsed between the denial of the Writ of Certiorari and the filing of the 3.850 Motion.
A Direct Appeal was filed with the Florida Supreme Court on 01/17/95. Issues that were raised included whether the trial court erred by impermissibly restricting Jimenez’s right to cross-examine and whether the trial court conducted an insufficient hearing and improperly denied Jimenez’s request to discharge his court-appointed counsel. The Florida Supreme Court found all claims either harmless or without merit and affirmed the convictions and sentence of death on 10/30/97.
A Petition for Writ of Certiorari was filed with the United States Supreme Court on 02/05/98 and denied on 05/18/98.
A 3.850 Motion was filed with the circuit court on 02/01/00 and was denied on 06/08/00.
A 3.850 Appeal was filed on 07/05/00 and the Florida Supreme Court affirmed the Circuit Court’s denial of the 3.850 on 09/26/01.
A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 07/12/01 and was dismissed on 11/13/01.
A Petition for Writ of Certiorari was filed on 12/06/01 and denied on 05/13/02.
A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 12/11/02 and denied on 06/10/03.
A Petition for Writ of Habeas Corpus was filed with the United States District Court on 01/20/04 and amended on 04/27/05. On 01/30/06, the USDC denied the petition.
A Petition for Writ of Habeas Corpus was filed with the Florida Supreme Court on 05/26/04 and was denied on 03/18/05.
A 3.851 Motion was filed with the Circuit Court on 04/28/05 and was denied on 09/15/05.
A 3.851 Motion Appeal was filed with the Florida Supreme Court on 12/22/05 that was denied on 06/19/08.
A Petition for Certificate of Appealability was filed with the U.S. Court of Appeals, 11th Circuit on 08/08/06 and was denied on 03/23/07.
On 07/18/07, Jimenez filed a Petition for Writ of Certiorari in the United States Supreme Court that was denied on 11/13/07.
On 04/29/09, Jimenez filed a Petition for Writ of Certiorari in the United States Supreme Court. This petition was denied on 06/22/09.
On 11/24/10, Jimenez filed a 3.850 Motion in the Circuit Court. This motion is still 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
09/24/98 12 DISORDERLY CONDUCT FLORIDA STATE PRISON
04/27/01 30 MAIL VIOLATIONS UNION C. I.
11/26/01 30 POSS OF CONTRABAND UNION C. I.
02/14/02 30 MISUSE OF STATE PROP UNION C. I.
05/12/05 30 MAIL VIOLATIONS UNION C. I.
Report Date: 04/10/02 cc
Approved: 04/15/02 ws
Updated: 01/26/11 CAR