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, Milo (B/M)
DC # 090411
DOB: 01/25/50
Sixth Judicial Circuit, Pinellas County, Case #82-8683
Sentencing Judge: The Honorable Susan Schaeffer
Attorney, Trial: Darryl Rousen – Special Assistant Public Defender
Attorney, Direct Appeal: Paul C. Helm – Assistant Public Defender
Attorney, Collateral Appeals: Bjorn Brunvand – Registry/Federal; Pro Se in State filings
Date of Offense: 10/18/82
Date of Sentence: 07/08/83
Circumstances of Offense:
Milo Rose was convicted and sentenced to death for the murder of Robert Richardson.
On 10/18/82, Milo Rose, who was living with Robert Richardson’s mother, struck Richardson on the head with a concrete block, killing him. Witnesses testified that the area was well lit so they were able to clearly see Rose. The witnesses testified that earlier that night they had seen Rose and Richardson walking down the street and heard the sound of breaking glass. They observed Richardson lying on the ground and Rose picking up a concrete block. He picked the concrete block up over his head and threw it down on Richardson’s head five or six times according to witnesses.
Two other individuals were staying with Rose and Mrs. Richardson. Shortly after the murder, they picked up Rose hitchhiking on a nearby street. Rose told them that he had killed Robert Richardson. The police arrested Rose at the apartment he shared with Mrs. Richardson.
Prior Incarceration History in the State of Florida:
|
Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Sentence Length |
|
03/29/82 |
Agg. Assault w/weapon, No Intent to Kill |
01/10/83 |
Pinellas |
8202559 |
5 Years |
Trial Summary:
10/26/82 Rose was indicted on the following:
Count I: First-Degree Murder (Robert Richardson)
06/30/83 Rose was found guilty on Count I of the indictment.
07/05/86 The jury, by a 9 to 3 majority, recommended the death penalty.
07/08/83 Rose was sentenced as follows:
Count I: First-Degree Murder (Robert Richardson) – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC #64,484
472 So. 2d 1155
11/07/83 Appeal filed.
05/16/85 FSC affirmed the conviction and sentence.
08/16/85 Rehearing denied.
10/02/85 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
10/16/85 Petition filed.
10/22/85 Petition withdrawn.
Circuit Court – 3.850 Motion
CC #82-8683
10/07/87 Motion filed.
01/25/90 Motion denied.
Florida Supreme Court – 3.850 Motion Appeal
FSC #76,377
617 So. 2d 291
07/26/90 Appeal filed.
03/11/93 FSC affirmed the denial of the 3.850 Motion.
05/10/93 Rehearing denied.
05/10/93 Mandate issued.
U.S. Supreme Court – Petition for Writ of Certiorari
USSC #93-5695
510 U.S. 903
08/06/93 Petition filed.
10/04/93 Petition denied.
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC #93-1169
07/19/93 Petition filed.
07/02/01 Amended Petition filed.
07/22/02 Petition stayed pending a decision in the King case.
02/06/03 Petition reopened.
09/10/03 Petition stayed.
09/06/05 Motion to reopen case and conduct Faretta Hearing.
11/08/05 Motion granted.
12/12/05 Faretta Hearing held.
09/01/06 Second Amended Petition filed.
03/19/10 Petition denied
04/19/10 Application for Certificate of Appealability filed.
06/30/10 Application denied.
U.S. Court of Appeals, 11th Circuit– Habeas Appeal
USCA# 10-11848
04/20/10 Appeal filed.
08/18/10 Certificate of Appealability granted in part and denied in part.
03/04/11 USCA affirmed denial of Habeas Petition.
Circuit Court – 3.850 Motion
CC #82-8683
12/24/96 Motion filed.
02/23/99 Motion denied.
Florida Supreme Court – 3.850 Motion Appeal
FSC #95,227
774 So. 2d 629
04/01/99 Appeal filed.
10/12/00 FSC affirmed the denial of the 3.850 Motion.
12/21/00 Rehearing denied.
01/22/01 Mandate issued.
Clemency:
08/26/87 Clemency hearing held (denied).
Warrants:
09/15/87 Death warrant signed by Governor Bob Martinez.
10/22/87 Stay of execution granted by the Pinellas County Circuit Court.
Factors Contributing to the Delay in Imposition of Sentence:
The Federal Habeas was pending for more than 9 years prior to being stayed; this petition was denied on 03/19/10.
Case Information:
Rose filed his Direct Appeal in the Florida Supreme Court on 11/07/83. The issues addressed included that the trial court violated Rose’s right to due process by denying Rose’s motions to suppress evidence. Rose also argued that the trial court mishandled mitigating and aggravating factors and that the death sentence was disproportionate. The Florida Supreme Court did not find errors that warranted reversing the conviction or sentence and affirmed the conviction and sentence on 05/16/85.
Rose filed a Petition for Writ of Certiorari on 10/16/85 with the U.S. Supreme Court. The petition was withdrawn on 10/22/85.
Rose filed a 3.850 Motion with the Circuit Court on 10/07/87. The motion was denied on 01/25/90.
Rose filed a 3.850 Motion Appeal on 07/26/90 with the Florida Supreme Court. The issues addressed included that Rose received ineffective assistance of counsel and that his right to be present during the trial was violated. Rose further argued that the trial court erred in dismissing his claims of ineffective counsel. The Florida Supreme Court affirmed the denial on 06/25/92. The opinion was revised on 03/11/93.
Rose filed a Petition for Writ of Certiorari on 08/06/93 with the U.S. Supreme Court that was denied on 10/04/93.
Rose filed a Petition for Writ of Habeas Corpus with the U.S. District Court on 07/19/93. Rose filed an Amended Petition for Writ of Habeas Corpus in the U.S. District court on 07/02/01. The petition was stayed on 07/22/02 pending a decision in the King case[1]. The petition was reopened on 02/06/03. The petition was stayed on 09/10/03. On 09/06/08, Rose filed a motion to reopen the case and to conduct a Faretta Hearing, which was granted by the U.S. District Court on 11/08/05. The Faretta Hearing was held on 12/12/05. On 09/01/06, Rose filed a Second Amended Petition for Writ of Habeas Corpus in the U.S. District Court. This petition was denied on 03/19/10. An application for the Certificate of Appealability was filed on 04/19/10 and denied on 06/30/10.
On 04/20/10, Rose filed a Habeas appeal in the U.S. Court of Appeals, 11th Circuit. The application for Certification of Appealability was denied in part and granted in part on 08/18/10. The USCA affirmed the decision of the lower court on 03/04/11.
Rose filed a 3.850 Motion with the Circuit Court on 12/24/96. The circuit court denied the motion on 02/23/99.
Rose filed a 3.850 Motion Appeal on 04/01/99 with the Florida Supreme Court. The issues addressed included that the state committed Brady[2] and Giglio[3] violations. Rose further argued that he received ineffective assistance of counsel, that the trial court erred in denying Rose’s Pro Se motion and that the use of electrocution as an execution method was unconstitutional. The Florida Supreme Court affirmed the denial on 10/12/00.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
08/08/89 0 UNARMED ASSAULT FSP
09/27/95 0 FIGHTING UNION C. I.
________________________________________________________________________
Report Date: 07/16/02 SQ
Approved: 09/24/02 WS
Updated: 04/06/11 EMJ
[1] King argued that relief should be granted due to the United States Supreme Court ruling in Ring v. Arizona, which determined that the jury, not the judge acting alone, should decide whether a defendant should be sentenced to death.
[2] An error committed when the State fails to disclose exculpatory evidence to the defense.
[3] An error committed when the State knowingly presented or failed to correct false statements.