The Commission on Capital Cases updates thisinformation regularly.  This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes.

RHODES, Richard (W/M)

DC #099269

DOB: 10/03/53

­­­­Six Judicial Circuit, Pinellas County, Case #84-3982

Sentencing Judge: The Honorable Helen S. Hansel

Resentencing Judge:  The Honorable W. Douglas Baird

Attorney, Trial: David J. Kurland – Special Public Defender

Attorney, Direct Appeal: Robert F. Moeller – AssistantPublic Defender

Attorney, Collateral Appeals:  Pamela H. Izakowitz&Terry L. Backus – Registry

Date of Offense: 02/29/84

Date of Sentence: 09/12/85

Date ofResentencing:           03/20/92

Circumstances of Offense:

Richard Rhodes was convicted and sentenced to death for themurder of Karen Nieradka.

On March 24, 1984, the body of Karen Nieradka was found indebris that had been transported to St. Petersburg from the demolition site ofthe Sunset Hotel in Clearwater.  The hotel had been demolished on March15, 1984.  Nieradka was found to have died from manual strangulation.

Several weeks prior, on March 2, 1984, Richard Rhodes hadbeen stopped by the Florida Highway Patrol and arrested for driving without avalid license.  At the time of the arrest, Rhodes was driving a carregistered to the victim, Nieradka.  The police interviewed Rhodes onMarch 26, 1984.  Rhodes gave different stories, but continued to denyinvolvement in Nieradka’s death.

On April 27, 1984, Rhodes tried to make a deal withdetectives saying that he would explain how Nieradka died if he would be sentto a mental health facility.  Rhodes said that the victim’s death had beendue to an accidental fall from the third story of the Sunset Hotel. However, during the course of the trial, three inmates from the Pinellas CountyJail testified that Rhodes had confessed to murdering Nieradka.

Trial Summary:

07/20/84         Indicted on the following:

                                   Count I:          First-Degree Murder (Karen Nieradka)

08/16/85         Rhodes was found guilty on count I.

08/27/85         Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the deathpenalty.

09/12/85         Sentenced as follows:

                                   Count I:          First-Degree Murder (Karen Nieradka) – Death

07/06/89         FSC remanded to the case to the trial court for a new sentencing hearing.

03/17/92         Upon advisory sentencing, the jury, by a 10 to 2 majority, voted for the deathpenalty.

03/20/92         Rhodes was sentenced as follows:

                                   Count I:          First-Degree Murder (Karen Nieradka) – Death

Appeals Summary:

Florida Supreme Court – Direct Appeal

FSC #67,842

547 So. 2d 1201 (Fla. 1989)

10/29/85         Appeal filed.

07/06/89         FSC remanded to the case to the trial court for a new sentencing hearing.

09/20/89         Rehearing denied.

Florida Supreme Court – Direct Appeal (Re-sentencing)

FSC #79,627

547 So. 2d 1201 (Fla. 1994)

04/03/92         Appeal filed.

05/05/94         FSC affirmed the sentence of death and vacated the duplicate conviction.

07/11/94         Rehearing denied.

08/10/94         Mandate issued.

United States Supreme Court – Writ of Certiorari

USSC# 94-6357

513 U.S. 1046 (U.S. 1994)

10/07/94         Petition filed.

12/05/94         USSC denied the petition.

Circuit Court – 3.850 Motion

CC #84-3982

04/11/96         Motion filed.

01/08/99         Amended Motion filed.

11/12/03         Motion denied.

Florida Supreme Court – Writ of Habeas Corpus

FSC #90,583

705 So. 2d 10 (Fla. 1997)

05/19/97         Petition filed.

11/13/97         FSC denied the petition.

Circuit Court – 3.853 (DNA) Motion

CC #84-3982

12/19/01         Motion filed.

05/17/06         Motion denied.

Florida Supreme Court – 3.850 Appeal

FSC #04-31

986 So.2d 501

01/08/04         Appeal filed.

03/13/08         Disposition affirmed; Motion denied.

03/27/08         Motion for Rehearing filed.

07/03/08         Rehearing denied.

07/21/08         Mandate entered.

United States District Court, Middle District –Petition for Writ of Habeas Corpus

USDC# 09-cv-01350

07/17/09         Petition filed

10/13/09         Amended Petition filed

09/30/10          Petition denied

10/23/10          Motion to Alter Judgment filed

Factors Contributing to the Delay in Execution of Sentence:

The Direct Appeal was pending for four years prior to adecision being rendered and then the case was remanded to the trial court forre-sentencing.  The 3.850 Motion filed in 1996 took seven years beforebeing denied.

Case Information:

On 10/29/85, Rhodes filed a Direct Appeal in the FloridaSupreme Court.  He raised several issues on appeal in reference to theguilt phase of the trial.  One issue was that remarks made by theprosecutor were prejudicial.  The Florida Supreme Court determined theremarks to be harmless.  Another issue raised was that the court shouldnot have given instructions on flight because there was no evidence that Rhodeswas attempting to avoid prosecution.

Rhodes raised several issues in reference to the penalty phaseof the trial.  One issue was that the court allowed testimony about acrime that Rhodes committed in Nevada, and an audiotape of the victim, in theNevada case, was played for the jury.  The Florida Supreme Court founderror because Rhodes was not allowed the opportunity for rebuttal and found thetape to be irrelevant and prejudicial.  The Florida Supreme Court affirmedthe conviction; however, Florida Supreme Court remanded the case to the trialcourt for a new sentencing hearing on 07/06/89.

On 03/17/92, a jury, by a 10 to 2 majority, voted for thedeath penalty upon advisory sentencing.  Rhodes was re-sentenced to deathon 03/20/92.  He was erroneously adjudicated guilty by the judge, due tothe Florida Supreme Court’s previous affirmation of his originalconviction.  (This duplicate conviction was later vacated by the FloridaSupreme Court.)

On 04/03/92, Rhodes filed a Direct Appeal (Re-sentencing) inthe Florida Supreme Court.  He raised several issues on appeal.  Oneissue was that the trial court erred in dismissing potential jurors who saidthat they would have difficulty in imposing capital punishment.  Anotherissue raised was that hearsay was allowed.  Rhodes also argued that thestate was allowed to present irrelevant evidence.

Another issue was that the jury instructions misinformed thejury about its role.  Rhodes also raised the issue that the penalty ofdeath was not proportional in this case.  The final issue presented wasthat one of the two convictions for First-Degree Murder should bevacated.  On 08/10/94, the Florida Supreme Court affirmed the sentence ofdeath, but vacated the duplicate conviction for First-Degree Murder (03/20/92).

On 10/07/94, Rhodes filed a Petition for Writ of Certiorariin the United States Supreme Court.  The United States Supreme Courtdenied the petition on 12/05/94.

Rhodes filed a 3.850 Motion in the Circuit Court on04/11/96.  On 01/08/99, Rhodes filed an Amended 3.850 Motion.  TheCircuit Court denied the motion on 11/12/03.

On 05/19/97, Rhodes filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court.  The Florida Supreme Court denied thepetition on 11/13/97.

On 12/19/01, Rhodes filed a 3.853 (DNA) Motion in theCircuit Court.  The motion was denied on 05/17/06.

Rhodes filed a 3.850 Appeal in the Florida Supreme Court on01/08/04.  On 03/13/08, the Florida Supreme Court affirmed the trialcourt’s disposition and denied the 3.850 appeal.  Rhodes filed a Motionfor Rehearing on 03/27/08 which was denied on 07/03/08.  The FloridaSupreme Court issued a mandate on 07/21/08.

On 07/17/09, Rhodes filed a Petition for Writ of HabeasCorpus in the United States District Court, Middle District. An amendedpetition was filed on 10/13/09. This petition was denied on 09/30/10. A Motionto Alter Judgment was filed on 10/23/10.

Institutional Adjustment:

________________________________________________________________________

Report Date:    12/18/01          S.Q.

Approved:       12/20/01          W.S.

Updated:         11/01/10          EMJ