The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes
ROSE, James Franklin (W/M)
Seventeenth Judicial Circuit,
(Venue changed to
Sentencing Judge: The Honorable M. Daniel Futch, Jr.
Resentencing Judge: The Honorable Paul L. Backman
Attorney, Trial: Craig S. Barnard
Attorney, Direct Appeal (First and Second): Richard L. Jorandby – Public Defender and
Louis G. Carres – Assistant Public Defender
Attorney, Direct Appeal (Third): Richard L. Rosenbaum, Esq.
Attorney, Collateral Appeals: Steven Hammer – Registry
Date of Offense: 10/22/76
Date of Sentence: 05/13/77
Date of Resentence: 07/15/83, 02/13/98
Circumstances of Offense:
Rose met his former girlfriend, Barbara Berry, at a bowling
alley around 9 p.m. on the evening of 10/22/76.
Prior to his return to the bowling alley, at about 11:45 p.m., Rose’s white van was seen behind the Pantry Pride store, near the bowling alley. The little girl’s green sweater and pink pants were found behind the same store the next afternoon. Her pink blouse was found in Rose’s van, her shoes were found on a road between a canal and the bowling alley, and her nude body was found four days after her disappearance in a canal approximately ten miles from the bowling alley.
Rose was a painter, and a paint-stained hammer was found six feet from the girl’s body. She died from severe head injuries caused by blunt force. A green fiber taken from Rose’s clothing was consistent with fibers from the girl’s green sweater, and a crushed hair from Rose’s sock was consistent with hair from the girl’s hairbrush.
11/09/76 Rose was indicted on the following:
Count I: Kidnapping
Count II: First-Degree Murder
05/06/77 Rose was found guilty on all counts charged in the indictment.
The jury recommended death penalty by a majority vote.
05/13/77 Rose was sentenced as follows:
Count I: Kidnapping – Life
Count II: First-Degree Murder – Death
12/09/82 FSC remanded case for resentencing
07/15/83 Jury recommended death sentence by an 11-1 vote. Rose was resentenced to death.
03/07/96 FSC remanded case for resentencing
02/13/98 Jury recommended death sentence by a 9-3 vote. Rose was resentenced to death.
425 So.2d 521 (
05/25/77 Appeal filed.
12/09/82 FSC affirmed conviction, and remanded for resentencing.
02/08/83 Rehearing denied.
03/14/83 Petition for Certiorari filed.
04/25/83 USSC denied Petition.
461 So.2d 84 (
07/21/83 Appeal filed.
12/06/84 FSC affirmed sentence of death.
01/24/85 Rehearing denied.
03/05/85 Mandate issued.
03/22/85 Petition for Certiorari filed.
06/03/85 USSC denied Petition.
508 So.2d 321 (
08/25/86 Petition for Habeas filed.
05/07/87 FSC denied Petition.
07/10/87 Rehearing denied.
09/10/87 Petition for Certiorari filed.
11/02/87 USSC denied Petition.
Circuit Court – 3.850 Motion
CC #76-5036 CF
10/11/88 Motion filed.
03/13/89 Trial court denied Motion.
601 So.2d 1181 (
06/01/89 Appeal filed.
05/28/92 Denial of 3.850 Motion by the trial court reversed. Evidentiary hearing ordered by FSC.
06/19/92 Mandate issued.
Circuit Court – 3.850 Motion (on remand from FSC)
CC #76-5036 CF
10/07/93 Evidentiary hearing held.
03/09/94 Motion denied.
675 So.2d 567 (
04/29/94 Appeal filed.
03/07/96 Denial of 3.850 Motion by the trial court reversed and remanded for resentencing by FSC.
06/18/96 Rehearing denied.
07/18/96 Mandate issued.
787 So. 2d 786 (
11/12/98 Appeal filed.
04/05/01 FSC affirmed sentence of death.
06/04/01 Rehearing denied.
07/05/01 Mandate issued.
10/31/01 Petition filed.
03/18/02 USSC denied Petition.
Circuit Court – 3.850 Motion
CC #76-5036 CF
09/17/03 Motion filed.
02/09/06 Motion denied.
Florida Supreme Court – 3.850 Appeal
03/10/06 Appeal filed.
Death Warrant Information:
08/05/86 Governor Graham signed death warrant.
08/27/86 Stay of execution granted by FSC.
06/26/86 Clemency hearing held (denied).
Factors Contributing to the Delay in Imposition of Sentence:
As a result of successful FSC Direct Appeals and 3.850 Motion Appeals, Rose has had his sentence vacated several times by the FSC.
Rose filed a Direct Appeal in the Florida Supreme Court on 05/25/77. Rose challenged his conviction of First Degree Murder and kidnapping along with the sentence of death for the murder and life imprisonment for the kidnapping. He argued the following points: insufficient evidence, the giving of an “Allen charge” to the jury, excusal of three jurors for cause, as well as other issues that the court found to have no merit. The FSC affirmed the conviction, but vacated the death sentence and remanded for resentencing on 12/09/82.
Rose filed a Petition for Writ of Certiorari in the United States Supreme Court on 03/14/83. This petition was denied on 04/25/83.
A second sentencing jury recommended the death penalty for Rose by an 11-1 vote, and he was resentenced to death on 07/15/83.
Rose filed a second Direct Appeal in the Florida Supreme Court on 07/21/83. Rose challenged his resentencing to death on seventeen grounds. The court only discussed a few, which were: prosecutorial error in opening statement, juror error, denial of a motion for an updated presentence investigation report, failing to grant a continuance for the sentencing phase of the trial, erroneous juror instructions, inclusion of prior convictions, and improper aggravating circumstances. The FSC affirmed the resentencing to death on 12/06/84.
Rose filed a Petition for a Writ of Certiorari in the United States Supreme Court on 03/22/85. This petition was denied on 06/03/85.
On 08/05/86, Governor Graham signed a death warrant. Rose’s execution was set for 09/03/86.
Rose filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court along with a Stay of Execution on 08/25/86. The Florida Supreme Court issued a stay of execution on 08/27/86 to allow it to consider the issues raised by Rose. Rose claimed the following: denial of opportunity for full appellate review due to indigency, the death penalty was imposed in an arbitrary and discriminatory manner, and ineffective assistance of counsel. The Florida Supreme Court denied the Petition and vacated the Stay of Execution on 05/07/87.
Rose filed a Petition for a Writ of Certiorari in the United States Supreme Court on 09/10/87. The Petition was denied on 11/02/87.
Rose filed a 3.850 Motion in the Circuit Court on 10/11/88, which was denied on 03/13/89.
Rose filed a 3.850 Motion Appeal in the Florida Supreme Court on 06/01/89. Rose argued that he was denied due process by the lower court’s refusal of the 3.850 motion. He also claimed ineffective assistance of counsel and that error occurred in not having an evidentiary hearing. On 05/28/92, the Florida Supreme Court reversed the lower court’s denial of the 3.850 Motion and remanded the issue for an evidentiary hearing.
On 03/09/94, the Circuit Court denied Rose’s 3.850 Motion.
Rose filed a second 3.850 Motion Appeal in the Florida Supreme Court on 04/29/94. Rose argued ineffective assistance of counsel at both the guilt phase and penalty phases of the trial. On 03/07/96, the Florida Supreme Court reversed the trial court’s denial of the 3.850 Motion, vacated the death sentence, and remanded the case for resentencing.
The jury recommended a death sentence by a vote of 9-3, and Rose was resentenced to death on 02/13/98.
Rose filed a third Direct Appeal in the Florida Supreme Court on 11/12/98, citing seventeen issues. The Florida Supreme Court affirmed the sentence of death on 04/05/01.
Rose filed a Petition for Writ of Certiorari in the United States Supreme Court on 10/31/01, which was denied on 03/18/02.
Rose filed a 3.850 Motion in the Circuit Court on 09/17/03. The motion was denied on 02/09/06.
On 03/10/06, Rose filed a 3.850 Appeal in the Florida Supreme Court, which is currently pending.
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
08/24/77 0 DISOBEYING ORDER FSP
06/18/78 0 POSS OF CONTRABAND FSP
03/04/79 15 POSS OF NEGOTIABLES FSP
01/22/83 0 POSS OF NARCOTICS CENTRAL OFFICE
06/25/00 60 DISRESP.TO OFFICIALS UNION C. I.
Report Date: 05/31/01 JFL
Approved: 09/20/01 WS
Updated: 03/17/06 DDK