Date of Offense:
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.
testified that earlier that night that 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.
10/26/82 Rose was indicted on the following:
Count I: First-Degree
06/30/83 Rose was found guilty on Count I of the indictment.
advisory sentencing, the jury, by a 9 to 3 majority, voted for the death
07/08/83 Rose was sentenced as follows:
Count I: First-Degree
Murder – Death
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.
Supreme Court did not find errors that warranted reversing the
conviction or sentence and affirmed the conviction and sentence on
05/16/85. Rehearing was denied on 08/16/85. A mandate was issued on
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 The petition was withdrawn on 10/22/85.
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.
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 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.
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.
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
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.
The issues addressed included that the state committed Brady
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
Rose filed a 3.853 (DNA) Motion with the circuit court on 10/09/02. The
motion is pending.
Milo A. Rose