Page 1 of 2 12 LastLast
Results 1 to 10 of 11

Thread: Marbel Mendoza - Florida Death Row

  1. #1
    Guest
    Join Date
    Oct 2010
    Posts
    5,534

    Marbel Mendoza - Florida Death Row




    Summary of Offense:

    Marbel Mendoza and Humberto Cuellar planned to rob the victim Conrad Calderon. Humberto Cuellar asked his brother, Lazaro Cuellar, to drive the getaway car. Humberto Cuellar and Mendoza gained knowledge of Mr. Calderon’s schedule and were waiting outside Mr. Calderon’s house during the predawn hours of March 17, 1992. At approximately 5:40 am, Mr. Caldron left his house and proceeded to his car. Mendoza and Humberto Cuellar were hiding behind a hedge and confronted Mr. Calderon in the driveway between the two vehicles. Mendoza carried a .38 caliber revolver and Humberto Cuellar had a 9-mm automatic pistol.

    A struggle ensued between the three men. Humberto Cuellar hit Mr. Calderon in the head with his pistol, at which time the victim took out a .38 special revolver and shot Humberto Cuellar in the chest. Humberto Cuellar then ran to the car; while he was running away, he heard shots. When Mendoza arrived at the car, he stated to Humberto Cuellar that he had shot Mr. Calderon. The three men drove to a hospital.

    At the hospital the police recovered the car, which contained Humberto Cuellar’s gun. The side of the gun had hair embedded in it, which was consistent with the story that Humberto Cuellar would tell the police. On March 24, 1992, Mendoza was arrested. No money was taken during the robbery. Mr. Calderon’s gun and a bank bag were found at the scene, under Mr. Calderon’s body. Money was found in the victim’s pocket and in his wallet. Mendoza’s fingerprints were recovered from the car adjacent to where the victim’s body was found. An x-ray of Humberto Cuellar indicated a bullet, consistent with the victim’s gun, was lodged near his spine. Casing and bullets recovered from the scene and the victim’s body indicated that Mr. Calderon was shot at point-blank range three times and the fourth shot was from less than six inches away.

    Mendoza was sentenced to death in Miami-Dade County on August 2, 1994.

    Co-defendant information:
    Humberto Cuellar (DC# 433373)
    Cuellar was found guilty and sentenced as follows on January 18, 1994:
    2nd Degree murder, Dangerous Act – 15 years
    Attempted Robbery with no Firearm or Deadly Weapon – 20 years
    Burglary of an Occupied Dwelling or Conveyance – 20 years
    Threatens to use any Firearm – 15 years

    Lazaro Cuellar, Jr. (DC# H01509)
    On May 20, 1993, Lazaro entered a plea agreement with the State and the lower court in which he agreed to plea guilty to a lesser offense of manslaughter and plead guilty as charged to the offenses of conspiracy to commit robbery and attempted armed robbery. The court accepted the plea agreement and sentenced him to three concurrent terms of 10 years' imprisonment.

  2. #2
    Senior Member CnCP Legend JLR's Avatar
    Join Date
    Mar 2011
    Posts
    2,740
    Factors Contributing to the Delay in the Imposition of the Sentence:

    It took three years for the Florida Supreme Court to decide Mendoza’s Direct Appeal.

    Case Information:

    A Direct Appeal was filed to the Florida Supreme Court on 09/19/94. The appellant raised nine claims, including; the trial court erred in denying appellant’s motion for mistrial based on the judge’s ex parte communications with the jurors and allowing the State to impeach appellant’s expert witness by asking him whether he had considered appellant’s criminal history and allowing the State to comment during closing arguments on appellant’s pending criminal charges. The Court found all of the issues without merit and affirmed Mendoza’s conviction and sentence.

    Within two months from the mandate being issued on the Direct Appeal, a Petition for Writ of Certiorari was filed to the United States Supreme Court on 03/10/98. It was denied on 10/05/98.

    A 3.850 Motion was filed to the Circuit Court on 09/10/99. It was amended on 09/05/00, and the motion was denied on 01/19/01. After the Florida Supreme Court remanded the case to the Circuit Court, an Evidentiary Hearing was held on 04/16/04. The motion was denied on 08/18/04. Another Evidentiary Hearing was held on 06/18/09. The 3.850 Motion was denied again on 04/01/09.

    The 3.850 Appeal was filed to the Florida Supreme Court on 04/06/01. The Court vacated the trial court’s decision and remanded the case for an Evidentiary Hearing on the claims of ineffective counsel on 04/03/02.

    Mendoza filed a Petition for a Writ of Habeas Corpus to the Florida Supreme Court on 09/06/01, which was dismissed without prejudice on 04/03/02.

    On 09/20/04, Mendoza filed a 3.850 Appeal to the Florida Supreme Court. On 05/24/07, the Court reversed Mendoza’s conviction and remanded the case back to the Circuit Court for a new Evidentiary Hearing on the ineffective assistance of counsel claims. The circuit judge who heard the evidence is now deceased and the new Evidentiary Hearing is to be held upon remand. On 06/07/07, Mendoza filed a Motion for Rehearing in the Florida Supreme Court; this Motion was denied on 08/23/07. The mandate was issued by the Florida Supreme Court on 09/10/07, upholding the decision reversal and remanding a new Evidentiary Hearing in the Circuit Court.

    On 11/28/05, Mendoza filed a Petition for Writ of Habeas Corpus to the Florida Supreme Court, which was denied on 05/24/07. Although the Court is remanding for a new evidentiary hearing based on the postconviction claims, the Court denied all nine claims that were raised in this case. The mandate affirming this decision was issued by the Florida Supreme Court on 09/10/07.

    A 3.850 Appeal was filed to the Florida Supreme Court on 04/30/09. This case is currently pending.

  3. #3
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On May 18, 2012, Mendoza filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/flo...v21894/400550/

  4. #4
    Jan
    Guest
    On July 25, 2013, Mendoza's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...1894/400550/23

    On October 28, 2013, Mendoza filed an appeal in the Eleventh Circuit.

    http://dockets.justia.com/docket/cir.../ca11/13-14968

  5. #5
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On July 31, 2014, the Eleventh Circuit DENIED Mendoza's appeal.

    http://law.justia.com/cases/federal/...014-07-31.html

  6. #6
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On September 3, 2014, the US Court of Appeals for the Eleventh Circuit DENIED Mendoza's petition for en banc rehearing.

    http://www.supremecourt.gov/search.a...es/14-8232.htm

  7. #7
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    In today's orders, the United States Supreme Court declined to review Mendoza's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Eleventh Circuit
    Case Nos.: (13-14968)
    Decision Date: July 31, 2014
    Rehearing Denied: September 3, 2014

    http://www.supremecourt.gov/search.a...es/14-8232.htm

  8. #8
    Administrator Moh's Avatar
    Join Date
    Oct 2010
    Location
    Germany
    Posts
    13,014
    On November 18, 2015, Mendoza filed a subsequent appeal before the Eleventh Circuit.

    https://dockets.justia.com/docket/ci.../ca11/15-15170

  9. #9
    Senior Member CnCP Legend Mike's Avatar
    Join Date
    Jun 2015
    Location
    Pennsylvania
    Posts
    4,795
    On August 11, 2016 the Eleventh Circuit affirmed the denial of Mendoza's appeal.

    http://law.justia.com/cases/federal/...016-08-11.html
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  10. #10
    Senior Member CnCP Legend Mike's Avatar
    Join Date
    Jun 2015
    Location
    Pennsylvania
    Posts
    4,795
    The Florida Supreme Court denied his Hurst claim today.

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

Page 1 of 2 12 LastLast

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •