Guzman v. Secretary, Department of Corrections

661 F.3d 602, 2011 U.S. App. LEXIS 21774, 2011 WL 5083235
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 27, 2011
Docket10-11442
StatusPublished
Cited by3 cases

This text of 661 F.3d 602 (Guzman v. Secretary, Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guzman v. Secretary, Department of Corrections, 661 F.3d 602, 2011 U.S. App. LEXIS 21774, 2011 WL 5083235 (11th Cir. 2011).

Opinion

MARTIN, Circuit Judge:

In this death penalty case, Respondents-Appellees appeal the District Court’s Order granting Petitioner Guzman a new trial based upon Brady 1 and Giglio 2 errors involving the State’s payment of $500 in reward money to Martha Cronin, the state’s key witness. 3 As to the Giglio violation, Guzman argues that Cronin and the lead detective in this case, Allison Sylvester, both testified falsely at trial that Cronin received no benefit for her testimony against Guzman, other than being taken to a motel rather than to jail after she was arrested on unrelated charges. With respect to the Brady violation, Guzman contends that the State failed to disclose that Cronin was paid a $500 reward for her testimony. However, since we ultimately hold that the writ should issue based on Guzman’s Giglio claim, thereby vacating his conviction, we need not decide his Brady claim. See Cooper v. Sec’y, Dep’t of Corr., 646 F.3d 1328, 1331 n. 1 (11th Cir.2011).

Because the Florida Supreme Court adjudicated and rejected Guzman’s Giglio claim on the merits, we must determine whether the District Court, in granting Guzman habeas relief, violated the Anti-Terrorism and Effective Death Penalty Act’s (AEDPA) deferential standards of review. More specifically, this appeal requires us to decide whether the state court’s decision:

(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.

28 U.S.C. § 2254(d)(1). Because we hold that Guzman demonstrated an unreasonable application by the state court of the Giglio standard, we affirm the District Court’s Order granting habeas relief.

As a preliminary matter, we observe that in this case, there are no issues of procedural bar, exhaustion, statute of limitations, or non-retroactivity often encountered in habeas cases. Neither are the facts themselves in dispute. Our limited role here is to apply the “materiality” standard of Giglio, which is a question of law not entitled a presumption of correctness under 28 U.S.C. § 2254(e). Moon v. Head, 285 F.3d 1301, 1310-11 (11th Cir. *606 2002). We now turn to the facts underlying Guzman’s Giglio claim.

I. FACTS AND PROCEDURAL HISTORY

On December 13, 1991, Guzman was arrested for the murder of David Colvin. Guzman’s second trial began on December 2, 1996, and, in this trial, Guzman waived his right to a jury in both the guilt and penalty phases of the trial. 4 After a bench trial before the Honorable William C. Johnson, Circuit Judge, Guzman was found guilty of first degree murder and armed robbery with a deadly weapon. 5 The trial court sentenced Guzman to death as to the murder count and to life imprisonment on the armed robbery count, with the sentences to run consecutively. 6

As described by the Florida Supreme Court, the State presented the following evidence implicating Guzman as Colvin’s murderer:

Approximately one week prior to the murder, Guzman and Martha Cronin, a prostitute and crack cocaine addict, began living together at the Imperial Motor Lodge. Colvin also resided at the motel, and Guzman and Colvin became acquainted. On the morning of August 10, Colvin and Guzman left the hotel in Colvin’s car. Guzman and Colvin first proceeded to a tavern and drank beer, then the men went to the International House of Pancakes and ate breakfast. Guzman testified that he and Colvin returned to the motel at approximately 12 noon. Guzman stated that he gave Colvin’s car and room keys back to Colvin and returned to his room. Guzman testified that at approximately 3 p.m. Curtis Wallace gave him a diamond ring that he could sell or trade for drugs. 7 Guzman admitted that he gave the ring to Leroy Gadson in exchange for drugs and money. 8 However, Guzman denied any involvement in Colvin’s robbery and murder.
Cronin’s trial testimony contradicted Guzman’s. Cronin testified that Guzman told her prior to the murder that *607 Colvin would be easy to rob because he was always drunk and usually had money. Cronin stated that Guzman told her in another conversation that if he ever robbed anybody, he “would have to kill them” because “a dead witness can’t talk.” Cronin testified that Guzman was holding his survival knife at the time this statement was made. Cronin claimed that, on the morning of August 10, Guzman told her that he was going to drive Colvin to the bank. Cronin stated that Guzman returned to their room that morning and showed her Colvin’s car keys and room keys. Cronin testified that at approximately 3 p.m. Guzman appeared at their room with a garbage bag that contained rags. Cronin said that Guzman looked upset, and that she asked him what was wrong. Cronin testified that Guzman responded, “I did it,” and confessed to murdering Colvin. Cronin stated that Guzman told her that Colvin awakened while he was taking money from Colvin’s room. Cronin testified that Guzman said that he hit Colvin in the head and then stabbed him with the samurai sword. Cronin stated that Guzman showed her a diamond ring and money that he had taken from Colvin. 9 Cronin also stated that Guzman said he committed the murder for her.
Upon questioning by the police shortly after the discovery of Colvin’s body, Guzman and Cronin both claimed to know nothing about the murder. In the latter part of November 1991, Cronin informed the police that Guzman had confessed to her that he killed Colvin. Cronin testified that Guzman had instructed her to tell the police that she knew nothing about the murder. Cronin also testified that she did not come forward earlier because Guzman threatened to harm her if she revealed what she knew about the crime. Guzman admitted that he told Cronin prior to his first trial to “do the right thing girl — it’s a small world.” Paul Rogers and Guzman became friends while sharing a jail cell in the Spring of 1992. Rogers testified that Guzman confessed to him that he robbed and killed Colvin. Rogers said that Guzman told him that he used Colvin’s key to enter his room after the men returned from drinking, and that Colvin awakened while Guzman was robbing him.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

James Guzman v. Secretary Doc
Eleventh Circuit, 2011
Guzman v. Secretary, Department of Corrections
663 F.3d 1336 (Eleventh Circuit, 2011)
Steele v. Beard
830 F. Supp. 2d 49 (W.D. Pennsylvania, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
661 F.3d 602, 2011 U.S. App. LEXIS 21774, 2011 WL 5083235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guzman-v-secretary-department-of-corrections-ca11-2011.