The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Last NameFirst NamePictureDC NumberAgencyCase Summary
GuzmanJames 395352CCRC-MCase Summary

Last Action

DateCourtCase NumberLast Action
8/24/2006USDC06-01271Habeas Corpus filed
3/17/2010USDC06-01271Granted in part, denied in part
4/29/2010USDC06-01271Motion for stay of retrial granted pending habeas appeal
3/25/2010USCA10-11442Habeas Appeal (filed by state)

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
ReassignedCCRC-MTampa, FL3801 Corporex Park Dr Ste 21033619813/740-3544 


Last NameCase NumberJudgeCountyCCRCOrder DateContract Date

Last Updated

2008-01-09 11:43:13.0

Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates thisinformation regularly.  This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied 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 & JamesDriscoll – 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 livingtogether at the Imperial Motor Lodge, where they became acquainted with DavidColvin, who also resided at the motel.  At approximately 3:00 p.m. on08/10/01, Guzman confessed to Cronin that he had killed Colvin and had taken adiamond ring and some money from him.  Later, Guzman also discussed thecommission of the crime with a cellmate named Paul Rogers in the spring of1992. 


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


Prior Incarceration History in the State of Florida:


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


Prior Prison History:

Offense Date


Sentence Date


Case No.

Prison Sentence Length








15Y 0M 0D




GRAND THEFT,$300 LESS &20,000




5Y 0M 0D








30Y 0M 0D








30Y 0M 0D








30Y 0M 0D








30Y 0M 0D




Trial Summary:


01/07/92         Indicted as follows:

                                   Count I First Degree Murder

                                   Count II           ArmedRobbery

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           ArmedRobbery – 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 (afterresentencing)

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 HabeasCorpus

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 habeasappeal granted


United States Court of Appeals, 11thCircuit – Habeas Appeal (state)

USCA# 10-11442



03/25/10          Appeal filed by the state


Factors Contributing to the Delay in Imposition ofSentence:


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


 Case Information:


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


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


Guzman filed a Direct Appeal with the Florida Supreme Courton 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, improperfinding of three aggravating circumstances (HAC; avoiding arrest; and cold,calculated, and premeditated).  The FSC affirmed the conviction andsentence 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 on03/27/00 and amended the Motion on 11/30/00 and 10/15/01.  The Motion wasdenied on 03/05/02.


Guzman filed a 3.850 Appeal with the Florida Supreme Courton 04/15/02, citing allegations of Giglio violations, by the State permittingfalse testimony; Brady violations, by the State withholding evidence; the Statepresenting misleading evidence; and the State giving an improper closingargument.  On 11/20/03, the FSC affirmed the denial of the 3.850 Motion inpart, but remanded the case to the Circuit Court to rule on Guzman’s Giglioclaim.  On 03/04/04, the FSC issued a revised opinion. 


Guzman filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 10/02/02, citing allegations that his waiver of a juryfor the penalty phase was invalid and his incompetence to be executed.  On11/20/03, the FSC denied the Petition.


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


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


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


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


Institutional Adjustment:




DATE                   DAYS                    VIOLATION                                      LOCATION      


02/13/86                0                             DISOBEYINGORDER                        SUMTER C.I.

02/13/86                0                             POSS OF STOLENPROP                   SUMTER C.I.

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

11/01/86                0                            SPOKENTHREATS                           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 OFCONTRABAND                UNION C. I.     



Report Date:   08/10/01          JFL

Approved:       11/16/01          WS

Updated:         07/20/10          KKR