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Thread: Jose Antonio Jimenez - Florida Execution - December 13, 2018

  1. #1
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    Jose Antonio Jimenez - Florida Execution - December 13, 2018




    Summary of 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 three days after the crime.

    Jimenez was sentenced to death in Miami-Dade County on December 14, 1994.

  2. #2
    Senior Member CnCP Legend JLR's Avatar
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    FACTORS CONTRIBUTING TO THE DELAY IN IMPOSITION OF SENTENCE:

    A period of two years elapsed between the denial of the Writ of Certiorari and the filing of the 3.850 Motion.

    CASE INFORMATION:

    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.

  3. #3
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court declined to review Jimenez's petition for certiorari.

    Lower Ct: Supreme Court of Florida
    Case Nos.: (SC13-1280)
    Decision Date: October 29, 2014

    http://www.supremecourt.gov/search.a...es/14-8208.htm

  4. #4
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court declined to review Jimenez's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Nos.: (14-13932)
    Decision Date: May 29, 2015
    Rehearing Denied: April 20, 2016

    https://www.supremecourt.gov/search....es/16-6115.htm

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    Today the Florida Supreme Court denied his Hurst appeal.

    http://www.floridasupremecourt.org/d...%20(3.851).pdf

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    Moderator Ryan's Avatar
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    Jimenez has an execution date set for 6pm on August 14, 2018.

    http://www.floridasupremecourt.org/p...warrants.shtml

  7. #7
    Senior Member Member Ted's Avatar
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    Sweet! August could be interesting.
    Violence and death seem to be the only answers that people understand.

  8. #8
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    Article

    Scott Signs Death Warrant, His 27th, For 1992 Murderer Jose Antonio Jimenez

    Flagerlive

    Nearly 26 years after a woman was beaten and stabbed to death in her Miami-Dade County home, Gov. Rick Scott on Wednesday said her murderer should die by lethal injection on Aug. 14.

    Scott signed a death warrant for inmate Jose Antonio Jimenez, who was convicted in the October 1992 killing of 63-year-old Phyllis Minas, whose neighbors heard her shout, “Oh God! Oh my God!” during the attack, according to court documents.

    Jimenez, now 54, would be the first inmate put to death by lethal injection in Florida since Feb. 22, when Eric Branch was executed in the 1993 murder and sexual assault of University of West Florida student Susan Morris. Jimenez also would be the 28th inmate executed since Scott took office in 2011 — the most of any Florida governor since the death penalty was reinstated in 1976, a state Department of Corrections list shows.

    Scott signed the death warrant after the Florida Supreme Court on June 28 rejected an appeal by Jimenez, who was convicted of the murder in 1994.

    It is Scott’s 27th death warrant, continuing to expand on a record number of executions for a modern-day Florida governor. Jeb Bush in two terms signed 21 death warrants.

    Jimenez’s appeal was rooted, at least in part, in a January 2016 U.S. Supreme Court ruling in a case known as Hurst v. Florida and subsequent Florida Supreme Court decisions. The 2016 U.S. Supreme Court ruling found Florida’s death-penalty sentencing system was unconstitutional because it gave too much authority to judges, instead of juries. The Florida Supreme Court subsequently said juries must unanimously agree on critical findings before judges can impose death sentences and must unanimously recommend the death penalty.

    In Jimenez’s case, a jury unanimously recommended to the trial judge that he should be sentenced to death. But Jimenez’s attorney argued in a May brief that the jury was not required to make critical findings “beyond a reasonable doubt” and that, as a result, the death sentence was invalid.

    The Supreme Court, however, has rejected numerous similar arguments from longtime Death Row inmates. Justices have said the new sentencing requirements that resulted from the Hurst decision apply to cases since June 2002 — and not to earlier cases. The U.S. Supreme Court in June 2002 issued a ruling known as Ring v. Arizona that was a premise for striking down Florida’s death-penalty sentencing system in 2016.

    “Jimenez was sentenced to death following a jury’s unanimous recommendation for death,” the Florida Supreme Court wrote in the June 28 decision. “His sentence of death became final in 1998 (after an earlier appeal). Thus, Hurst does not apply retroactively to Jimenez’s sentence of death.”

    Jimenez was accused of killing Minas during a burglary. Neighbors tried to enter the home through an unlocked front door after hearing Minas’ cries, but Jimenez slammed the door shut, locked it and fled by going onto a bedroom balcony, according to court documents.

    https://flaglerlive.com/124517/jose-antonio-jimenez/

    Also Jimenez was convicted of the 1990 murder of Marie Debas in Miami Beach.
    Last edited by Mike; 07-18-2018 at 07:32 PM.

  9. #9
    Administrator Aaron's Avatar
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    I knew he HAD to get at least one more execution in before the end. Also, I'm pretty sure this is Scott's 28th warrant.
    "You can't get rich in politics unless you're a crook." - Harry Truman

  10. #10
    Moderator Ryan's Avatar
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    @Aaron, When is Governor Scott's last day in office and who do you think his successor will be?

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