The Commission on Capital Cases updates this informationregularly. This information, however, is subject to change and may not reflectthe latest status of an inmate’s case and should not be relied upon forstatistical or legal purposes.

JIMENEZ, Jose (W/M)

DC #   406677

DOB: 10/12/63

Eleventh Judicial Circuit, Dade County Case # 92-34156

Sentencing Judge: The Honorable Leslie Rothenberg

Trial Attorneys: Michael Matters & Andrew Kassier –Special Public Defenders

Attorney, Direct Appeal: J. Rafael Rodriguez – SpecialAppointed Public Defender

Attorney, Collateral Appeals: Martin McClain – Registry

Date of Offense:        10/02/92

Date of Sentence:       12/14/94

Circumstances of the Offense:

Jose Jimenez entered the home of Phyllis Minas, a63-year-old woman, and beat and stabbed her to death.  Minas’ neighborsheard her scream “Oh God, Oh my God!” during the attack.  The neighborsattempted to enter the apartment through Minas’ unlocked front door.  Asthey were attempting to enter, Jimenez slammed the front door shut and lockedit.  Jimenez left the apartment by going through the bedroom and out tothe balcony.  Jimenez jumped over to the neighboring apartment’s balconyand 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 clothesbefore approaching neighbors in the hallway.  Jimenez asked one of thefemale neighbors whether he could use her phone to call a cab. 

Fingerprints were found on the inside of the front door ofMinas’ apartment that matched Jimenez’s prints.  Jimenez was arrested athis parents’ home in Miami, Florida, three days after the crime. 

Additional Information:

Jimenez was subsequently convicted of Second-Degree Murder,Robbery with a Deadly Weapon, and Burglary with Assault for a different crimethat was perpetrated on 10/19/90.  He was sentenced to 17 years for theMurder, 17 years for the Robbery, and 15 years for the Burglary.

Trial Summary:

10/21/92         Defendant was indicted with the following:

Count I:          First-Degree Murder

CountII:         Burglary with Assault 

10/06/94         Defendant was found guilty by the trial jury on all counts

11/10/94         The jury recommended Death by a vote of 12 to 0

12/14/94         Defendant was sentenced as follows:

                                 Count I:           First-DegreeMurder – Death

                                   Count II:         Burglary with Assault –Life sentence

*Please note, sentences are to run consecutively

Appeal Summary:

Florida State Supreme Court – Direct Appeal

FSC #85,014

703 So. 2d 437

01/17/95         Appeal filed.

10/30/97         FSC affirmed the convictions and the sentence of Death.

01/28/98         Mandate issued.

U.S. Supreme Court – Writ of Certiorari

USSC #97-7782

523 U.S. 1123

02/05/98         Petition filed.

05/18/98         Petition denied.

State Circuit Court – 3.850 Motion

CC #92-34156

02/01/00         Motion filed.

06/08/00         Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC #00-1436

810 So. 2d 511

07/05/00         Appeal filed.

09/26/01         Florida Supreme Court affirmed Circuit Court’s denial of 3.850.

12/17/01         Rehearing denied.

01/16/02         Mandate issued.

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC #01-1660

800 So. 2d 614

07/12/01         Appeal filed.

08/27/01         State Motion to Dismiss filed.

11/13/01         Appeal dismissed.

U.S. Supreme Court – Writ of Certiorari

USSC #01-8964

535 U.S. 1064

12/06/01         Petition filed.

05/13/02         Petition denied.

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC #02-2600

861 So. 2d 429

12/11/02         Petition filed.

06/10/03         Petition denied.

U.S. District Court (Southern District) – Petition for Writ of HabeasCorpus

USDC #04-20132

01/20/04         Petition filed.

04/27/05         Petition amended.

01/30/06         USDC denied petition.

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 04-919

905 So. 2d. 125

05/26/04         Petition filed.

03/18/05         FSC denied Petition.

05/26/05         Rehearing denied.

Circuit Court – 3.851 Motion

CC# 92-34156

04/28/05         Motion filed.

09/15/05         CC denied Motion.

Florida Supreme Court – 3.851 Motion Appeal

FSC# 05-2373

997 So. 2d 1056

12/22/05         Appeal filed.

06/19/08         Appeal denied.

01/05/09         Mandate issued.

U.S. Court of Appeals, 11^th Circuit –Petition for Certificate of Appealability

USCA# 06-14523

481 F.3d 1337

08/08/06         Petition filed

03/23/07         COA denied

United States Supreme Court – Petition for Writ ofCertiorari

USSC#07-6644

128 S.Ct. 628

07/18/07         Petition filed

11/13/07         Petition denied

United States Supreme Court – Petition for Writ ofCertiorari

USSC# 08-10122

04/29/09         Petition filed

06/22/09         Petition denied

Circuit Court – 3.850 Motion

CC# 92-34156

(Pending)

11/24/10         Motion filed

Factors Contributing to the Delay inImposition of Sentence:

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

Case Information:

A Direct Appeal was filed with the Florida Supreme Court on01/17/95.  Issues that were raised included whether the trial court erredby impermissibly restricting Jimenez’s right to cross-examine and whether thetrial court conducted an insufficient hearing and improperly denied Jimenez’srequest to discharge his court-appointed counsel.  The Florida SupremeCourt found all claims either harmless or without merit and affirmed theconvictions and sentence of death on 10/30/97.

A Petition for Writ of Certiorari was filed with the UnitedStates Supreme Court on 02/05/98 and denied on 05/18/98.

A 3.850 Motion was filed with the circuit court on 02/01/00and was denied on 06/08/00. 

A 3.850 Appeal was filed on 07/05/00 and the Florida SupremeCourt affirmed the Circuit Court’s denial of the 3.850 on 09/26/01. 

A Petition for Writ of Habeas Corpus was filed with theFlorida 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 anddenied on 05/13/02. 

A Petition for Writ of Habeas Corpus was filed with the FloridaSupreme Court on 12/11/02 and denied on 06/10/03. 

A Petition for Writ of Habeas Corpus was filed with theUnited States District Court on 01/20/04 and amended on 04/27/05.  On01/30/06, the USDC denied the petition.

A Petition for Writ of Habeas Corpus was filed with theFlorida Supreme Court on 05/26/04 and was denied on 03/18/05.

A 3.851 Motion was filed with the Circuit Court on 04/28/05and was denied on 09/15/05.

A 3.851 Motion Appeal was filed with the Florida SupremeCourt on 12/22/05 that was denied on 06/19/08.  

A Petition for Certificate of Appealability was filed withthe U.S. Court of Appeals, 11^th Circuit on 08/08/06 and was deniedon 03/23/07.

On 07/18/07, Jimenez filed a Petition for Writ of Certiorariin the United States Supreme Court that was denied on 11/13/07.

On 04/29/09, Jimenez filed a Petition for Writ of Certiorariin 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 CircuitCourt.  This motion is still pending.

Institutional Adjustment:

THE FOLLOWING ENTRIES REFLECTDISCIPLINARY ACTIONS AGAINST THE INMATE

FOR VIOLATION OF THE RULECITED AND INDICATE THE GAIN TIME DAYS LOST.

DATE    DAYS                  VIOLATION                                      LOCATION      

09/24/98    12                    DISORDERLY CONDUCT              FLORIDA STATE PRISON

04/27/01    30                    MAILVIOLATIONS                         UNION C.I.        

11/26/01    30                     POSS OFCONTRABAND                UNION C. I.        

02/14/02    30                    MISUSE OF STATE PROP               UNION C. I.    

05/12/05    30                    MAILVIOLATIONS                         UNION C. I.    

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Report Date:  04/10/02          cc

Approved:      04/15/02          ws

Updated:         01/26/11         CAR