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Thread: Jesus Delgado - Florida

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    Jesus Delgado - Florida




    Summary of Offense:

    On the evening of August 30, 1990, Marlene McField, a neighbor of Tomas and Violetta Rodriguez, witnessed the Rodriguezes arrive home, and later in the evening, she heard the Rodriguezes’ dogs wailing. The following morning, McField went to the Rodriguezes and noticed that the gate leading to the front porch was ajar and the key was still in the lock on the inside of the gate. McField rang the doorbell, and when no one responded, she called the police. The police found the front door unlocked, with no sign of forced entry. When the police entered the kitchen, they found a bloodstained knife and a pistol on the floor. A wooden door leading to the garage was cracked in the center and the hinges were broken. The body of Tomas Rodriguez was found inside the garage, with bullet and stab wounds. Violetta Rodriguez’s body was found against the garage wall and had blunt force and stab wounds. A single set of bloody footprints that did not match either Mr. or Mrs. Rodriguez led from the garage to the kitchen and a single drop of Jesus Delgado’s blood was found in the garage. A mixture of Delgado’s and the Rodriguezes' blood was found in the garage, on the pistol, and on the kitchen phone. Delgado’s palm print was found on the phone and the last number dialed from the phone was the residence where Delgado lived at the time.

    In June of 1990, the Rodriguezes sold their dry-cleaning business to Horatio Lamellas, whose daughter, Barbara Lamellas, and her boyfriend, Delgado, ran the business. After the sale, Delgado complained to the Rodriguezes that the machines were not working properly and customers were not satisfied. Delgado became a suspect due to the evidence found at the crime scene and the complaints about the dry-cleaning business. Delgado was not located and arrested until December 23, 1992, more than two years after the murders.

    Delgado was sentenced to death on October 18, 1994.

    Factors Contributing to the Delay in Imposition of Sentence:

    The Direct Appeal was pending from 07/31/96 – 01/15/01 and the vacating of the convictions and sentences by the Florida Supreme Court.

    Case Information:

    On 07/31/96, Delgado filed a Direct Appeal with the Florida Supreme Court, citing fourteen trial court errors. On 02/03/00, the FSC ordered one of the death sentences reduced to life imprisonment and affirmed the other death sentence. On 08/24/00, the FSC granted a rehearing motion and substituted a new opinion for the original opinion of 02/03/00. In this opinion, the FSC remanded the case for a new trial. The FSC concentrated on one issue, which led to the order for a new trial: the trial court should have granted a defense motion for judgment of acquittal on the charges of First Degree Murder, due to the fact that the State failed to prove the necessity of the felony murder charge and failed to prove premeditation.On 10/18/04, Delgado was again sentenced to death.

    On 11/29/07, Delgado filed a Direct Appeal with the Florida Supreme Court, citing the following errors: violating his double jeopardy protections, denying a mistrial for improper state closing arguments and comments, allowing pen register evidence to be admitted, repeating jury instructions concerning the definition and elements of first-degree murder, failing to properly instruct the jury panels regarding mitigation evidence, violating the 6th Amendment via the Ring decision, sustaining an objection regarding DNA evidence, and allowing cumulative errors. On 11/16/06, the FSC affirmed the convictions and sentences.

    On 04/24/07, Delgado filed a Petition for Writ of Certiorari with the United States Supreme Court, which was denied on 06/25/07.

    On 06/24/08, Delgado filed a Petition for Writ of Habeas Corpus with the United States District Court, Southern District, which was denied on 06/25/10. On 09/06/10, Delgado filed a Motion for COA, which was granted on 09/13/10.

    On 07/24/10, Delgado filed a Habeas Appeal with the United States Court of Appeals, Eleventh Circuit, which is pending.

  2. #2
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    Factors Contributing to the Delay in Imposition of Sentence:

    The Direct Appeal was pending from 07/31/96 – 01/15/01 and the vacating of the convictions and sentences by the Florida Supreme Court.

    Case Information:

    On 07/31/96, Delgado filed a Direct Appeal with the Florida Supreme Court, citing fourteen trial court errors. On 02/03/00, the FSC ordered one of the death sentences reduced to life imprisonment and affirmed the other death sentence. On 08/24/00, the FSC granted a rehearing motion and substituted a new opinion for the original opinion of 02/03/00. In this opinion, the FSC remanded the case for a new trial. The FSC concentrated on one issue, which led to the order for a new trial: the trial court should have granted a defense motion for judgment of acquittal on the charges of First Degree Murder, due to the fact that the State failed to prove the necessity of the felony murder charge and failed to prove premeditation.

    On 10/18/04, Delgado was again sentenced to death.

    On 11/29/07, Delgado filed a Direct Appeal with the Florida Supreme Court, citing the following errors: violating his double jeopardy protections, denying a mistrial for improper state closing arguments and comments, allowing pen register evidence to be admitted, repeating jury instructions concerning the definition and elements of first-degree murder, failing to properly instruct the jury panels regarding mitigation evidence, violating the 6th Amendment via the Ring decision, sustaining an objection regarding DNA evidence, and allowing cumulative errors. On 11/16/06, the FSC affirmed the convictions and sentences.

    On 04/24/07, Delgado filed a Petition for Writ of Certiorari with the United States Supreme Court, which was denied on 06/25/07.

    On 06/24/08, Delgado filed a Petition for Writ of Habeas Corpus with the United States District Court, Southern District, which was denied on 06/25/10. On 09/06/10, Delgado filed a Motion for COA, which was granted on 09/13/10.

    On 07/24/10, Delgado filed a Habeas Appeal with the United States Court of Appeals, Eleventh Circuit.

    On 10/13/11, Delgado's habeas appeal was denied by the United States Court of Appeals, Eleventh Circuit.

    On 01/06/12, rehearing was denied by the United States Court of Appeals, Eleventh Circuit.

  3. #3
    Administrator Heidi's Avatar
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    In today's United States Supreme Court orders, Delgado's petition for writ of certiorari was DENIED.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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