James Guzman

Case information

James Guzman was born on 04/27/64. The case was in the Seventh Judicial Circuit, Volusia County, Case # 91-6795. Sentencing was handled by The Honorable Robert W. Rawlins, Jr. (Retired). The trial attorneys were Raymond Cass, Larry Henderson, and Larry Powers (APD Attorney). Resentencing was handled by Gerald F. Keating (Private Attorney). The direct appeal attorney was James L. Rose (Private Attorney). Collateral appeals involved Eric Pinkard and James Driscoll (CCRC-M).

Timeline

• 01/07/92 — Guzman was indicted: Count I First Degree Murder; Count II Armed Robbery.
• 08/10/91 — Date of offense.
• 09/24/92 — The jury returned guilty verdicts on both counts.
• 09/29/92 — The jury recommended a death sentence by a vote of 10-2.
• 10/16/92 — Guzman was sentenced: Count I First-Degree Murder — Death; Count II Armed Robbery — Life imprisonment.
• 11/09/92 — Guzman filed a Direct Appeal with the Florida Supreme Court.
• 09/22/94 — Due to trial court error, the Florida Supreme Court reversed the conviction and death sentence.
• 01/06/97 — Guzman filed a Direct Appeal with the Florida Supreme Court.
• 01/14/99 — The Florida Supreme Court affirmed the conviction and sentence.
• 03/12/99 — Guzman filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 05/03/99 — The Petition for Writ of Certiorari was denied.
• 03/27/00 — Guzman filed a 3.850 Motion with the Circuit Court.
• 11/30/00 — Guzman amended the 3.850 Motion.
• 10/15/01 — Guzman amended the 3.850 Motion.
• 03/05/02 — The 3.850 Motion was denied.
• 04/15/02 — Guzman filed a 3.850 Appeal with the Florida Supreme Court.
• 10/02/02 — Guzman filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 11/20/03 — The Florida Supreme Court 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.
• 03/04/04 — The Florida Supreme Court issued a revised opinion.
• 11/20/03 — The Florida Supreme Court denied the Petition for Writ of Habeas Corpus.
• 08/27/04 — Upon remand, legal memoranda were filed regarding Guzman’s Giglio claims.
• 09/22/04 — The Circuit Court denied the 3.850 Motion.
• 10/18/04 — Guzman filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 06/29/06 — The Florida Supreme Court affirmed the denial of the motion.
• 12/27/96 — Guzman was resentenced to death.

Background

Around 08/05/91, James Guzman and Martha Cronin began living together at the Imperial Motor Lodge. They became acquainted with David Colvin, who also resided at the motel.

The offence

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.

Investigation

Guzman’s confession to Martha Cronin and his later discussion with cellmate Paul Rogers were part of the circumstances described.

Trial

Indictment and verdicts

On 01/07/92, Guzman was indicted as follows:

• Count I First Degree Murder
• Count II Armed Robbery

On 09/24/92, the jury returned guilty verdicts on both counts of the indictment.

Penalty phase recommendation

On 09/29/92, the jury recommended death sentence by a vote of 10-2.

Sentencing

On 10/16/92, Guzman was sentenced as follows:

• Count I First-Degree Murder — Death
• Count II Armed Robbery — Life imprisonment

Resentencing

On 12/27/96, Guzman was resentenced to death.

Guzman waived jury retrial and jury resentence, and Guzman waived the presence of jury at either the retrial or the resentence.

Appeals

Direct appeal after conviction and death sentence

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

Second direct appeal

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 Florida Supreme Court affirmed the conviction and sentence on 01/14/99.

U.S. Supreme Court certiorari

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

3.850 motion and proceedings

Guzman filed a 3.850 Motion with the Circuit Court on 03/27/00. He 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 Florida Supreme Court 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 Florida Supreme Court issued a revised opinion.

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 Florida Supreme Court affirmed the denial of the motion.

Petition for writ of habeas corpus

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 Florida Supreme Court denied the Petition.

Prior incarceration history

At the time of the crime, Guzman had a prior prison record that included incarceration for murder and violent crime convictions.

The following prior prison history covered periods of incarceration with the Florida Department of Corrections since January 1983:

• 11/04/1981 — BURG/DWELL/OCCUP.CONVEY — 08/24/1982 — 15Y 0M 0D
• 11/04/1981 — GRAND THEFT,$300 LESS &20,000 — 08/24/1982 — 5Y 0M 0D
• 01/23/1982 — 2ND DEG.MURD,DANGEROUS ACT — 08/24/1982 — 30Y 0M 0D
• 01/23/1982 — 2ND DEG.MURD,DANGEROUS ACT(ATTEMPTED) — 08/24/1982 — 30Y 0M 0D
• 01/23/1982 — KIDNAP;COMM.OR FAC.FELONY — 08/24/1982 — 30Y 0M 0D
• 01/23/1982 — ROBBERY W/FIREARM OR D/WEAPON — 08/24/1982 — 30Y 0M 0D

Other details

The case included Supreme Court of Florida opinion 80795 opinion 89640 opinion SC02-860 & SC02-2131 opinion SC04-2016, and DC# 395352.