TheCommission on Capital Cases updates this information regularly. Thisinformation, however, is subject to change and may not reflect the lateststatus of an inmate’s case and should not be relied on for statistical or legalpurposes.
BATES,Kayle B. (B/M)
DC# 088568
DOB: 02/19/58
FourteenthJudicial Circuit, Bay County, Case #82-661
SentencingJudge: The Honorable W. Fred Turner
ResentencingJudge: The Honorable W. Fred Turner
ResentencingII Judge: The Honorable Donald T. Sirmons
Attorney,Trial: Theodore R. Bowers – Private
Attorney,Resentencing: David A. Davis – Assistant Public Defender
Attorneys,Resentencing II: Thomas H. Dunn & Harold Richman – Private
Attorney;Direct Appeal: David A. Davis – Assistant Public Defender
Attorney,Direct Appeal Resentencing: David A. Davis – Assistant Public Defender
Attorney,Direct Appeal Resentencing II: Thomas Dunn – Private
Attorneys,Collateral Appeals: Terri Backhus, Suzanne Keffer, & Paul Kalil (Federal) –CCRC-S
Date ofOffense: 06/14/82
Date ofSentence: 03/11/83
Date ofResentencing: 07/22/85
Date ofResentencing II: 07/25/95
Circumstancesof Offense:
Thedefendant, Kayle Bates, kidnapped and attempted to rape the victim before hestabbed her to death and robbed her.
On theafternoon of June 14, 1982, Bates abducted the victim, 24-year-old Janet ReneeWhite, from her office, took her into a wooded area behind the building,attempted to rape her, stabbed her to death and removed a diamond ring from oneof her fingers.
TrialSummary:
01/20/83 As charged in the indictment, thedefendant was convicted as followed:
Count I: First-Degree Murder –Guilty
Count II: Kidnapping – Guilty
Count IV: Armed robbery – Guilty
Attempted Sexual Battery – Guilty
01/21/83 Upon advisory sentencing, the jury, by a vote of 11 to 1, recommended the
death sentence for the murderconviction.
03/11/83 Defendant was sentenced as followed:
Count I: First-Degree Murder –Death
Count II: Kidnapping – Life
Count IV: Armed robbery – Life
Attempted Sexual Battery –15 years
07/22/85 Defendant was resentenced to death.
05/25/95 Upon advisory sentencing, the jury, by a vote of 9 to 3, recommended the deathsentence.
07/25/95 Defendant was sentenced to death.
AppealsSummary:
FloridaSupreme Court – Direct Appeal
FSC#63,594
465 So.2d 490
04/28/83 Appeal filed.
01/31/85 FSC vacated the sentence, remanded.
03/25/85 Rehearing denied.
FloridaSupreme Court – Direct Appeal, Resentencing
FSC#67,422
506 So.2d 1033
07/29/85 Appeal filed.
04/16/87 FSC affirmed the conviction and sentence.
06/03/87 Rehearing denied.
07/06/87 Mandate issued.
UnitedStates Supreme Court – Petition for Writ of Certiorari
USSC#87-5215
484 U.S.873
07/29/87 Petition filed.
10/05/87 Petition denied.
StateCircuit Court – 3.850 Motion
CC#82-661
10/05/89 Motion filed.
07/25/90 CC granted the 3.850 Motion, ordered a new sentencing hearing.
FloridaSupreme Court – 3.850 Appeal (Filed by State)
FSC#76,538
604 So.2d 457
08/27/90 State filed appeal.
08/27/90 Defendant filed cross-appeal.
07/23/92 FSC affirmed trial court’s ruling, remanded for resentencing.
09/24/92 Rehearing denied.
09/24/92 Mandate issued.
FloridaSupreme Court – Petition for Writ of Habeas Corpus
FSC#74,972
604 So.2d 457
11/04/89 Petition filed.
07/23/92 Petition denied.
09/24/92 Rehearing denied.
09/24/92 Mandate issued.
UnitedStates Supreme Court – Petition for Writ of Certiorari
USSC#92-7283
507 U.S.992
12/23/92 Petition filed.
03/22/93 Petition denied.
FloridaSupreme Court – Direct Appeal, Resentencing II
FSC#86,180
750 So.2d 6
07/31/95 Appeal filed.
10/07/99 FSC affirmed the sentence.
12/10/99 Rehearing denied.
01/12/00 Mandate issued.
UnitedStates Supreme Court – Petition for Writ of Certiorari
USSC#99-9526
531 U.S.835
05/08/00 Petition filed.
10/02/00 Petition denied.
11/27/00 Rehearing denied.
StateCircuit Court – 3.850 Motion
CC#82-661
09/07/01 Motion filed.
03/01/07 Circuit Court denied the motion.
FloridaSupreme Court – 3.850 Motion Appeal
FSC#07-611
3 So.3d1091
04/03/07 Appeal filed.
01/30/09 Appeal denied.
FloridaSupreme Court – Petition for Writ of Habeas Corpus
FSC #08-68
3 So.3d1091
01/22/08 Petition filed.
01/30/09 Petition denied.
UnitedStates District Court, Northern District – Petition for Writ of Habeas Corpus
USDC#09-00081
(Pending)
03/16/09 Petition filed.
Warrants:
09/27/89 Governor Martinez signed death warrant.
12/06/89 Scheduled execution date.
12/04/89 Trial court granted stay of execution.
Clemency:
03/23/88 Hearing held (denied).
FactorsContributing to the Delay in the Imposition of the Sentence:
Theprimary causes of delay in this case are two resentencings in 1985 and1995. Additionally, Bates’ third direct appeal, filed in 1995, was withthe Florida Supreme Court for more than four years before its disposition in1999. Also, the 3.850 Motion was pending from 09/07/01 – 03/01/07.
CaseInformation:
Batesfiled his first direct appeal with the Florida Supreme Court in 1983. Thecourt in 1985 vacated the death sentence and remanded to the trial court for areweighing of the aggravating circumstances against the mitigating evidence.
Thetrial court resentenced Bates to death in 1985. On direct appeal theFlorida Supreme Court in 1987 affirmed the sentence. The U.S. SupremeCourt denied certiorari the same year.
GovernorMartinez in September 1989 signed a death warrant on Bates. The defendantresponded by filing a 3.850 motion with the trial court the following month anda petition for a writ of habeas corpus with the Florida Supreme Court inNovember 1989. The trial court stayed the execution, and in its 1990opinion held that Bates' counsel had been ineffective during the originalsentencing proceeding. The court vacated the sentence and remanded for anew sentencing hearing. The State appealed the ruling to the FloridaSupreme Court and Bates filed a cross-appeal. The Supreme Court in aconsolidated 1992 opinion denied habeas and in affirming the trial court’sruling, remanded for resentencing. The U.S. Supreme Court in 1993 deniedcertiorari.
In 1995,the trial court resentenced Bates to death. Bates filed a direct appealto the Florida Supreme Court in 1995. The court in 1999 affirmed thesentence. The U.S. Supreme Court denied certiorari in 2000.
In 2001,Bates filed a 3.850 Motion in the trial court that was denied on 03/01/07.
In 2007,Bates filed a 3.850 Motion Appeal in the Florida Supreme Court that was deniedon 01/30/09.
On01/22/08, Bates filed a Petition for Writ of Habeas Corpus in the FloridaSupreme Court that was denied on 01/30/09.
On03/16/09, Bates filed a Petition for Writ of Habeas Corpus in the United StatesDistrict Court. This petition is pending.
InstitutionalAdjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
05/21/86 0 FIGHTING FSP
12/29/99 30 DISORDERLYCONDUCT UNIONC. I.
________________________________________________________________
07/26/01– tb
07/26/01– approved – whs
04/02/09– updated – klh