The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for 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
Attorney, Direct Appeal: Paul Helm – Assistant Public Defender
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 of indecent exposure based on the report filed by a 20-year-old convenience store clerk, Betty Ricks. At 6 a.m. on
January 8, 1987, Ricks was found in the store’s parking lot lying next to her car. Her body was found the same day that Hodges was scheduled for a criminal diversion program arbitration hearing as a result of the report filed by Ricks. Ricks had been shot twice and subsequently died the next day without regaining consciousness.
The department store, where Hodges worked on the maintenance crew, was located across the street from the convenience store. A coworker reported to police that at 5:40 a.m. on the day of the shooting, she saw Hodges’ truck at the convenience store; however, Hodges reported that since he did not have to be at work that day, he was at home sleeping. His wife and her son, Jesse Watson, initially supported his alibi. A rifle was confiscated from the Hodges’ home, but ended up not being the murder weapon. The investigation returned to Hodges as the prime suspect, and he was 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 at trial that he and Hodges had identical rifles and that the police in reality had taken Watson’s rifle, not Hodges’. Watson also said that before 6 a.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 the back of Hodges truck, and there was a hole in the ground close to the tool shed. Watson finally testified that Hodges admitted to him, several months later, that he had indeed shot the convenience store clerk.
02/22/89 Defendant indicted with the following:
Count I: First-Degree Murder
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-Degree Murder – Death
Appeal Summary:
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.
USSC #92-5228
506 U.S. 803
07/20/92 Petition filed.
10/05/92 USSC granted petition.
Florida State Supreme Court – Direct Appeal (on remand)
619 So. 2d 272
10/05/92 Direct Appeal 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.
USSC #93-5906
510 U.S. 996
09/07/93 Petition filed.
11/29/93 Petition denied.
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.
FSC# 02-949
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 Habeas Corpus
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 Habeas Corpus
USDC# 03-1591
01/04/06 Petition filed.
02/22/07 Petition denied.
United States Court of Appeals, 11th Circuit – 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.
USSC #07-11218
129 S. Ct 122
05/28/08 Petition filed.
10/06/08 Petition denied.
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.
The Direct Appeal took three years from the date of filing to the issuance of a mandate. The 3.850 took six years for a decision to be rendered.
Case Information:
A Direct Appeal was filed on 08/23/89. Issues that were raised included whether the trial court erred in admitting what should have been inadmissible hearsay regarding what the victim thought and said about prosecuting Hodges; whether the trial court erred in continuing with the proceedings after Hodges’ suicide attempt instead of stopping for a competency hearing. The Florida Supreme Court found all of these claims either without merit or harmless and affirmed the conviction and sentence of death on 01/23/92.
A Petition for Writ of Certiorari was filed on 07/20/92 and granted based on Espinoza v. Florida on 10/05/92. The case was remanded to the Florida Supreme court and Hodges’ Direct Appeal was reopened. In Espinoza, the court found the former standard instruction on the heinous, atrocious, or cruel aggravator inadequate; however, in Hodges, that aggravator did not play a part in the sentencing.
The Florida Supreme Court reaffirmed the conviction and sentence of Death on 04/15/93.
A Petition for Writ of Certiorari was filed on 09/07/93 and denied on 11/29/93.
A 3.850 motion was filed with the circuit court on 06/23/95 and denied on 06/01/01.
A 3.850 Appeal 08/06/01 was filed with the Florida Supreme Court 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 of the 3.850 Motion.
A Petition for a Writ of Habeas Corpus was filed with Florida Supreme Court on 04/22/02 and was denied on 06/19/03. On 10/14/04, the FSC issued a revised opinion, again denying the Habeas Petition.
A Petition for Writ of Habeas Corpus was filed with the Florida 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 on 02/22/07
On 04/24/07, Hodges filed a Certificate of Appealability in the U.S. Court of Appeals, 11th Circuit, which was granted in part and denied in part on 05/17/07.
A Petition for Writ of Certiorari was filed in the United States 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 Circuit Court that was denied on 02/12/09.
A 3.850 Appeal was filed with the Florida Supreme Court on 3/25/10. The Florida Supreme Court affirmed the denial of the 3.850 motion 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