The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor statistical or legal purposes.
HODGES, George (W/M)
DC # 117157
DOB: 08/15/57
Thirteenth Judicial Circuit, Hillsborough County Case #89-2165
Sentencing Judge: The Honorable John Griffin
Attorneys, Trial: John Conrad & DanielPerry – Assistant Public Defenders
Attorney, Direct Appeal: Paul Helm – Assistant PublicDefender
Attorney, Direct Appeal (on remand): Douglas Connor –Assistant Public Defender
Attorney, Collateral Appeals: Linda McDermott – Pro Bono
Date of Offense: 01/08/87
Date of Sentence: 08/10/89
Circumstances of the Offense:
In November of 1986, Hodges was arrested on charges ofindecent exposure based on the report filed by a 20-year-old convenience storeclerk, Betty Ricks. At 6 a.m. on
January 8, 1987, Ricks was found in the store’s parking lotlying next to her car. Her body was found the same day that Hodges wasscheduled for a criminal diversion program arbitration hearing as a result ofthe report filed by Ricks. Ricks had been shot twice and subsequentlydied the next day without regaining consciousness.
The department store, where Hodges worked on the maintenancecrew, was located across the street from the convenience store. Acoworker reported to police that at 5:40 a.m. on the day of the shooting, shesaw Hodges’ truck at the convenience store; however, Hodges reported that sincehe did not have to be at work that day, he was at home sleeping. His wifeand her son, Jesse Watson, initially supported his alibi. A rifle wasconfiscated from the Hodges’ home, but ended up not being the murderweapon. The investigation returned to Hodges as the prime suspect, and hewas arrested for the murder in February of 1989.
The testimony of both Hodges’ ex-wife and his stepson,Watson, was different than that originally given. Watson reported attrial that he and Hodges had identical rifles and that the police in realityhad taken Watson’s rifle, not Hodges’. Watson also said that before 6a.m. on the morning of the murder, he was awakened by Hodges’ truck. Watson then said that Hodges entered the kitchen with his rifle. Furthermore, Watson reported that he saw the rifle wrapped in plastic in theback of Hodges truck, and there was a hole in the ground close to the toolshed. Watson finally testified that Hodges admitted to him, severalmonths later, that he had indeed shot the convenience store clerk.
Trial Summary:
02/22/89 Defendant indicted with the following:
CountI: First-DegreeMurder
07/14/89 Defendant was found guilty by the trial jury
07/14/89 The jury recommended Death by a vote of ten to two
08/10/89 Defendant was sentenced as follows:
Count I: First-DegreeMurder – Death
Appeal Summary:
Florida State Supreme Court – Direct Appeal
FSC #74,671
595 So. 2d 929
08/23/89 Appeal filed.
01/23/92 FSC affirmed the conviction of First-Degree Murder and the sentence of
Death.
04/20/92 Rehearing denied.
05/20/92 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #92-5228
506 U.S. 803
07/20/92 Petition filed.
10/05/92 USSC granted petition.
Florida State Supreme Court – Direct Appeal (onremand)
FSC #74,671
619 So. 2d 272
10/05/92 DirectAppeal reopened per request of United States Supreme Court.
04/15/93 FSC affirmed the conviction of First-Degree Murder and the sentence of
Death.
06/09/93 Rehearing denied.
07/09/93 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #93-5906
510 U.S. 996
09/07/93 Petition filed.
11/29/93 Petition denied.
State Circuit Court – 3.850 Motion
CC #89-2165
06/23/95 Motion filed.
06/01/01 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC# 01-1718
885 So.2d 338
08/06/01 Appeal filed
06/19/03 Denial of 3.850 affirmed.
10/14/04 Revised opinion issued.
12/22/04 Rehearing denied.
01/07/05 Mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
885 So.2d 338
04/22/02 Petition filed.
06/19/03 Petition denied.
10/14/04 Revised opinion issued.
12/22/04 Rehearing denied.
01/07/05 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 05-377
No opinion issued
03/04/05 Petition filed.
06/23/05 FSC denied Petition.
U.S. District Court – Petition for Writ of HabeasCorpus
USDC# 03-1591
01/04/06 Petition filed.
02/22/07 Petition denied.
United States Court of Appeals, 11thCircuit – Certificate of Appealability
USCA #07-11943
506 F. 3d 1337
04/24/07 Certificate filed.
05/17/07 Certificate granted in part, denied in part.
United States Supreme Court – Petition for Writ of Certiorari
USSC #07-11218
129 S. Ct 122
05/28/08 Petition filed.
10/06/08 Petition denied.
State Circuit Court – 3.850 Motion
CC #89-2165
07/28/08 Motion filed.
02/12/09 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC #09-575
03/25/09 Appeal filed.
01/11/10 Denial of 3.850 Affirmed.
Circuit Court – 3.850 Motion
CC# 89-2165
10/21/10 Motion filed.
03/04/11 Motion denied.
Factors Contributing to the Delay inImposition of Sentence:
The Direct Appeal took three years from the date of filingto the issuance of a mandate. The 3.850 took six years for a decision tobe rendered.
Case Information:
A Direct Appeal was filed on 08/23/89. Issues that wereraised included whether the trial court erred in admitting what should havebeen inadmissible hearsay regarding what the victim thought and said aboutprosecuting Hodges; whether the trial court erred in continuing with theproceedings after Hodges’ suicide attempt instead of stopping for a competencyhearing. The Florida Supreme Court found all of these claims eitherwithout merit or harmless and affirmed the conviction and sentence of death on01/23/92.
A Petition for Writ of Certiorari was filed on 07/20/92 andgranted based on Espinoza v. Florida on 10/05/92. The case was remandedto the Florida Supreme court and Hodges’ Direct Appeal was reopened. InEspinoza, the court found the former standard instruction on the heinous,atrocious, or cruel aggravator inadequate; however, in Hodges, that aggravatordid not play a part in the sentencing.
The Florida Supreme Court reaffirmed the conviction andsentence of Death on 04/15/93.
A Petition for Writ of Certiorari was filed on 09/07/93 anddenied on 11/29/93.
A 3.850 motion was filed with the circuit court on 06/23/95and denied on 06/01/01.
A 3.850 Appeal 08/06/01 was filed with the Florida SupremeCourt on 08/06/01, and the denial of the 3.850 was affirmed on 06/19/03. On 10/14/04, the FSC issued a revised opinion, again affirming the denial ofthe 3.850 Motion.
A Petition for a Writ of Habeas Corpus was filed withFlorida Supreme Court on 04/22/02 and was denied on 06/19/03. On10/14/04, the FSC issued a revised opinion, again denying the HabeasPetition.
A Petition for Writ of Habeas Corpus was filed with theFlorida Supreme Court on 03/04/05 that was denied on 06/23/05.
A Petition for Writ of Habeas Corpus was filed with the U.S.District Court, Middle District, on 01/04/06. This petition was denied on02/22/07
On 04/24/07, Hodges filed a Certificate of Appealability inthe U.S. Court of Appeals, 11th Circuit, which was granted in partand denied in part on 05/17/07.
A Petition for Writ of Certiorari was filed in the UnitedStates Supreme Court on 05/28/08. The petition was denied 10/06/08.
On 07/28/08, Hodges filed a 3.850 Motion in the CircuitCourt that was denied on 02/12/09.
A 3.850 Appeal was filed with the Florida Supreme Court on3/25/10. The Florida Supreme Court affirmed the denial of the 3.850motion on 01/11/10.
A 3.850 Motion was filed with the Circuit Court on 10/21/10.This motion was denied on 03/04/11.
Report Date: 12/19/01 cc
Approved: 01/17/02 ws
Updated: 04/27/11 CAR