Milo Rose

Case details

Milo Rose (DOB: 01/25/50) was sentenced to death on July 8, 1983, for the murder of Robert Richardson.

Rose lived with Robert Richardson’s mother at the time of the offence in 1982.

Background

On the night of 10/18/82, witnesses testified that the area was well lit so they could clearly see Rose.

Two other individuals were staying with Rose and Mrs. Richardson.

The offence

Date of offense: 10/18/82.

Milo Rose struck Robert Richardson on the head with a concrete block, killing him.

Witnesses testified that earlier that night they had seen Rose and Richardson walking down the street and heard the sound of breaking glass.

Witnesses testified that they observed Richardson lying on the ground and Rose picking up a concrete block. Witnesses testified that Rose picked up the concrete block over his head and threw it down on Richardson’s head five or six times.

Investigation and arrest

Shortly after the murder, Rose was picked up hitchhiking on a nearby street by two individuals who were staying with Rose and Mrs. Richardson.

Rose told those individuals that he had killed Robert Richardson.

The police arrested Rose at the apartment he shared with Mrs. Richardson.

Trial

Date of indictment: 10/26/82.

Rose was indicted on:

• Count I: First-Degree Murder

Date of conviction on Count I: 06/30/83.

Rose was found guilty on Count I of the indictment.

Sentencing by advisory jury

Upon advisory sentencing, the jury, by a 9 to 3 majority, voted for the death penalty on 07/05/86.

Date of sentence and sentencing judge

Date of sentence: 07/08/83.

Sentencing judge: The Honorable Susan Schaeffer.

Rose was sentenced as follows:

• Count I: First-Degree Murder — Death

Trial attorney: Darryl Rousen – Special Assistant Public Defender Direct appeal attorney: Paul C. Helm – Assistant Public Defender Attorney Collateral appeals attorney: Bjorn Brunvand – Registry

Appeals

Florida Supreme Court (direct appeal)

Rose filed his Direct Appeal in the Florida Supreme Court on 11/07/83.

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 affirmed the conviction and sentence on 05/16/85. Rehearing was denied on 08/16/85. A mandate was issued on 10/02/85.

U.S. Supreme Court (certiorari)

Rose filed a Petition for Writ of Certiorari on 10/16/85 with the United States Supreme Court. The petition was withdrawn on 10/22/85.

3.850 motion and Florida Supreme Court appeal

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 Appeal on 07/26/90 with the Florida Supreme Court.

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 3.850 Denial on 06/25/92. The opinion was revised on 03/11/93. Rehearing was denied on 05/10/93. A mandate was issued on 05/10/93.

U.S. Supreme Court (certiorari) after 3.850

Rose filed a Petition for Writ of Certiorari on 08/06/93 with the United States Supreme Court. The United States Supreme Court denied the petition on 10/04/93.

Habeas corpus

Rose filed a Petition for Writ of Habeas Corpus on 07/19/93.

The petition was stayed on 07/22/02 pending a decision in the King case. The petition was reopened on 02/06/03. The petition was stayed on 09/10/03.

Additional 3.850 motion and Florida Supreme Court appeal

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 Appeal on 04/01/99 with the Florida Supreme Court.

Issues addressed included that the state committed Brady and Giglio 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 3.850 Denial on 10/12/00. Rehearing was denied on 12/21/00. A mandate was issued on 01/22/01.

3.853 (DNA) motion

Rose filed a 3.853 (DNA) Motion with the circuit court on 10/09/02. The motion is pending.

Other details

Sixth Judicial Circuit, Pinellas County, Case #82-8683. Florida Supreme Court opinion 64484. Florida Supreme Court opinion 76377. Florida Supreme Court opinion SC95227. U.S. Supreme Court case references included a Petition for Writ of Certiorari. DC# 090411. Milo A. Rose home last updates contact.