JIMENEZ CASTILLEJA

v.

JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION

Citator

Cited By

• Guzman v. State, 868 So. 2d 498 (Fla. 2003)
  …t issues.4 This Court held that the evidence did not support the CCP aggravator, but affirmed Guzman’s convictions and death sentence. Guzman v. State, 721 So. 2d 1155 (Fla.1998). The United States Supreme Court denied certiorari. Guzman v. Florida, 526 U.S. 1102, 119 S.Ct. 1583, 143 L.Ed.2d 677 (1999). Guzman filed a rule 3.850 motion for postconviction relief on March 27, 2000, and an amended motion on November 30, 2000, raising eleven claims.5 During the pendency of his 3.850 motion, Guzman filed a motio…
• State v. Coney, 845 So. 2d 120 (Fla. 2003)
  …aw v. Shaw, 334 So. 2d 13, 16 (Fla.1976). When sitting as the trier of fact, the trial judge has the “superior vantage point to see and hear the witnesses and judge their credibility.” Guzman v. State, 721 So. 2d 1155, 1159 (Fla.1998), cert. denied, 526 U.S. 1102, 119 S.Ct. 1583, 143 L.Ed.2d 677 (1999). Appellate courts do not have this same opportunity. Despite this deference to a trial court’s findings of fact, the appellate court’s obligation to independently review mixed questions of fact and law of con…
• Zack v. State, 911 So. 2d 1190 (Fla. 2005)
  …on “to evaluate and weigh the testimony and evidence based upon its observation of bearing, demeanor, and credibility of the witnesses.” Shaw v. Shaw, 334 So. 2d 13, 16 (Fla.1976); see Guzman v. State, 721 So. 2d 1155, 1159 (Fla.1998), cert. denied, 526 U.S. 1102, 119 S.Ct. 1583, 143 L.Ed.2d 677 (1999). However, it is our obligation to independently review the record and ensure that the law is applied uniformly in decisions based on similar facts and to ensure that the defendant’s representation is within co…