The Commission on Capital Cases updates thisinformation regularly. This information,however, is subject to change and may not reflect the latest status of aninmate’s case and should not be relied upon for statistical or legal purposes
ROSE, James Franklin (W/M)
DC #011225
DOB: 12/19/45
Seventeenth Judicial Circuit, Broward County,Case #76-5036
(Venue changed to Hillsborough County, ThirteenthCircuit)
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 bowlingalley around 9 p.m. on the evening of 10/22/76. Berry’s eight-year old daughter accompaniedRose to the snack bar area of the bowling alley, and this was the last time thegirl was seen that evening. Rose leftthe bowling alley, presumably with the girl. Rose later paged Ms. Berry, and when Ms. Berry returned the page, Rose asked her whattime she would be finished bowling. Uponhis return to the bowling alley, the patrons noted that Rose had a large redspot on his trousers that was later determined to be the same blood type as thegirl.
Prior to his return to the bowling alley, at about 11:45p.m., Rose’s white van was seen behind the Pantry Pride store, near the bowlingalley. The little girl’s green sweaterand pink pants were found behind the same store the next afternoon. Her pink blouse was found in Rose’s van, hershoes were found on a road between a canal and the bowling alley, and her nudebody was found four days after her disappearance in a canal approximately tenmiles from the bowling alley.
Rose was a painter, and a paint-stained hammer was found sixfeet from the girl’s body. She died from severe head injuries caused by bluntforce. A green fiber taken from Rose’sclothing was consistent with fibers from the girl’s green sweater, and a crushedhair from Rose’s sock was consistent with hair from the girl’s hairbrush.
Trial Summary:
11/09/76 Rose was indicted on the following:
CountI: Kidnapping
Count II: First-Degree Murder
05/06/77 Rose was found guilty on all countscharged in the indictment.
Thejury 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 FSCremanded case for resentencing
07/15/83 Juryrecommended death sentence by an 11-1 vote. Rose was resentenced to death.
03/07/96 FSCremanded case for resentencing
02/13/98 Juryrecommended death sentence by a 9-3 vote. Rose was resentenced to death.
Appeals Summary:
FloridaSupreme Court – Direct Appeal
FSC #51-724
425 So.2d 521 (Fla. 1982)
05/25/77 Appeal filed.
12/09/82 FSC affirmed conviction, and remandedfor resentencing.
02/08/83 Rehearing denied.
United States Supreme Court – Petition forWrit of Certiorari
USSC #82-6368
461 U.S. 909 (U.S. 1983)
03/14/83 Petition for Certiorari filed.
04/25/83 USSC denied Petition.
FloridaSupreme Court – Direct Appeal (after resentencing)
FSC #63-996
461 So.2d 84 (Fla. 1984)
07/21/83 Appeal filed.
12/06/84 FSC affirmed sentence of death.
01/24/85 Rehearing denied.
03/05/85 Mandate issued.
United States Supreme Court – Petition forWrit of Certiorari
USSC #84-6449
471 U.S. 1143 (U.S. 1985)
03/22/85 Petition for Certiorari filed.
06/03/85 USSC denied Petition.
FloridaSupreme Court – Petition for Writ of Habeas Corpus
FSC #69-210
508 So.2d 321 (Fla. 1987)
08/25/86 Petition for Habeas filed.
05/07/87 FSC denied Petition.
07/10/87 Rehearing denied.
United States Supreme Court – Writ ofCertiorari
USSC #87-5451
484 U.S. 933 (U.S. 1987)
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.
FloridaSupreme Court – 3.850 Motion Appeal
FSC #74-248
601 So.2d 1181 (Fla. 1992)
06/01/89 Appeal filed.
05/28/92 Denialof 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.
FloridaSupreme Court – 3.850 Motion Appeal
FSC #83-623
675 So.2d 567 (Fla. 1996)
04/29/94 Appeal filed.
03/07/96 Denialof 3.850 Motion by the trial court reversed and remanded for resentencing byFSC.
06/18/96 Rehearing denied.
07/18/96 Mandate issued.
FloridaSupreme Court – Direct Appeal (after resentencing)
FSC #94-317
787 So. 2d 786 (Fla.2001)
11/12/98 Appeal filed.
04/05/01 FSC affirmed sentence of death.
06/04/01 Rehearing denied.
07/05/01 Mandate issued.
United StatesSupreme Court – Petition for Writ of Certiorari
USSC #01-7229
535 U.S.951 (U.S.2002)
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.
FloridaSupreme Court – 3.850 Appeal
FSC #06-473
(Pending)
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.
Clemency Hearing:
06/26/86 Clemency hearing held (denied).
Factors Contributing to the Delay in Imposition ofSentence:
As a result of successfulFSC Direct Appeals and 3.850 Motion Appeals, Rose has had his sentence vacatedseveral times by the FSC.
Case Information:
Rose filed a DirectAppeal in the Florida Supreme Court on 05/25/77. Rose challenged his convictionof First Degree Murder and kidnapping along with the sentence of death for themurder 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 otherissues 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 forWrit of Certiorari in the United States Supreme Court on 03/14/83. This petition was denied on 04/25/83.
A second sentencing juryrecommended the death penalty for Rose by an 11-1 vote, and he was resentencedto death on 07/15/83.
Rose filed a secondDirect Appeal in the Florida Supreme Court on 07/21/83. Rose challenged his resentencing to death onseventeen grounds. The court only discussed a few, which were: prosecutorialerror in opening statement, juror error, denial of a motion for an updatedpresentence investigation report, failing to grant a continuance for thesentencing phase of the trial, erroneous juror instructions, inclusion of priorconvictions, and improper aggravating circumstances. The FSC affirmed the resentencing to death on12/06/84.
Rose filed a Petition fora 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 Grahamsigned a death warrant. Rose’s execution was set for 09/03/86.
Rose filed a Petition forWrit of Habeas Corpus in the Florida Supreme Court along with a Stay of Executionon 08/25/86. The Florida Supreme Courtissued a stay of execution on 08/27/86 to allow it to consider the issuesraised by Rose. Rose claimed thefollowing: denial of opportunity for full appellate review due to indigency, thedeath penalty was imposed in an arbitrary and discriminatory manner, andineffective assistance of counsel. TheFlorida Supreme Court denied the Petition and vacated the Stay of Execution on05/07/87.
Rose filed a Petition fora 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 Motionin the Circuit Court on 10/11/88, which was denied on 03/13/89.
Rose filed a 3.850 MotionAppeal in the Florida Supreme Court on 06/01/89. Rose argued that he was denieddue process by the lower court’s refusal of the 3.850 motion. He also claimed ineffective assistance ofcounsel and that error occurred in not having an evidentiary hearing. On 05/28/92, the Florida Supreme Courtreversed the lower court’s denial of the 3.850 Motion and remanded the issuefor an evidentiary hearing.
On 03/09/94, the CircuitCourt denied Rose’s 3.850 Motion.
Rose filed a second 3.850Motion Appeal in the Florida Supreme Court on 04/29/94. Rose argued ineffectiveassistance of counsel at both the guilt phase and penalty phases of thetrial. On 03/07/96, the Florida Supreme Courtreversed the trial court’s denial of the 3.850 Motion, vacated the deathsentence, and remanded the case for resentencing.
The jury recommended adeath sentence by a vote of 9-3, and Rose was resentenced to death on02/13/98.
Rose filed a third DirectAppeal in the Florida Supreme Court on 11/12/98, citing seventeen issues. The Florida Supreme Court affirmed thesentence of death on 04/05/01.
Rose filed a Petition forWrit of Certiorari in the United States Supreme Court on 10/31/01, which wasdenied on 03/18/02.
Rose filed a 3.850 Motionin the Circuit Court on 09/17/03. The motionwas denied on 02/09/06.
On 03/10/06, Rose filed a3.850 Appeal in the Florida Supreme Court, which is currently pending.
Institutional Adjustment:
THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATIONOF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
08/24/77 0 DISOBEYINGORDER FSP
06/18/78 0 POSSOF CONTRABAND FSP
03/04/79 15 POSSOF NEGOTIABLES FSP
01/22/83 0 POSSOF NARCOTICS CENTRAL OFFICE
06/25/00 60 DISRESP.TOOFFICIALS UNIONC. I.
________________________________________________________________________
Report Date: 05/31/01 JFL
Approved: 09/20/01 WS
Updated: 03/17/06 DDK