Rose v. State

The Supreme Court affirmed the postconviction court’s order granting Milo Rose’s pro se motion to dismiss postconviction proceedings and discharge collateral counsel, holding that the postconviction court did not abuse its discretion in finding that Rose’s postconviction waiver was knowing, intelligent, and voluntary.Rose was convicted of first-degree murder and sentenced to death. Bjorn Brunvand was later appointed to represent Rose. In 2005, Rose successfully moved to discharge Brunvand and represent himself in state court proceedings. Although counsel was not reappointed to represent Appellant in state court, in 2017, Brunvand, who represented Rose in federal court, filed a second successive postconviction motion on Rose’s behalf, and against Rose’s wishes, seeking relief pursuant to Hurst v. Florida, 136 S. Ct. 616 (2016), and Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016). Rose sought to dismiss the postconviction proceedings and discharge Brunvand. After conducting the inquiry required by Durocher v. Singletary, 623 So. 2d 482 (Fla. 1993), the postconviction court granted the motion. The Supreme Court affirmed, holding that the postconviction court followed the procedures set forth in Durocher and Fla. R. Crim. P. 3.851(i) and did not abuse its discretion in finding that Rose’s waiver was knowing, intelligent, and voluntary. View "Rose v. State" on Justia Law