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 inmates case and should not be relied on for statistical or legal purposes.
BATES, Kayle B. (B/M)
DC # 088568
DOB: 02/19/58
Fourteenth Judicial Circuit, Bay County, Case #82-661
Sentencing Judge: The Honorable W. Fred Turner
Resentencing Judge: The Honorable W. Fred Turner
Resentencing II 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 of Offense: 06/14/82
Date of Sentence: 03/11/83
Date of Resentencing: 07/22/85
Date of Resentencing II: 07/25/95
Circumstances of Offense:
The defendant, Kayle Bates, kidnapped and attempted to rape the victim before he stabbed her to death and robbed her.
On the afternoon of June 14, 1982, Bates abducted the victim, 24-year-old Janet Renee White, 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 one of her fingers.
Trial Summary:
01/20/83 As charged in the indictment, the defendant 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 murder conviction.
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 death sentence.
07/25/95 Defendant was sentenced to death.
Appeals Summary:
Florida Supreme 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.
Florida Supreme 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.
United States Supreme Court Petition for Writ of Certiorari
USSC #87-5215
484 U.S. 873
07/29/87 Petition filed.
10/05/87 Petition denied.
State Circuit 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.
Florida Supreme 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 courts ruling, remanded for resentencing.
09/24/92 Rehearing denied.
09/24/92 Mandate issued.
Florida Supreme 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.
United States Supreme Court Petition for Writ of Certiorari
USSC #92-7283
507 U.S. 992
12/23/92 Petition filed.
03/22/93 Petition denied.
Florida Supreme 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.
United States 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.
State Circuit Court 3.850 Motion
CC #82-661
09/07/01 Motion filed.
03/01/07 Circuit Court denied the motion.
Florida Supreme Court 3.850 Motion Appeal
FSC# 07-611
3 So.3d 1091
04/03/07 Appeal filed.
01/30/09 Appeal denied.
Florida Supreme Court Petition for Writ of Habeas Corpus
FSC #08-68
3 So.3d 1091
01/22/08 Petition filed.
01/30/09 Petition denied.
United States 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).
Factors Contributing to the Delay in the Imposition of the Sentence:
The primary causes of delay in this case are two resentencings in 1985 and 1995. Additionally, Bates third direct appeal, filed in 1995, was with the Florida Supreme Court for more than four years before its disposition in 1999. Also, the 3.850 Motion was pending from 09/07/01 03/01/07.
Case Information:
Bates filed his first direct appeal with the Florida Supreme Court in 1983. The court in 1985 vacated the death sentence and remanded to the trial court for a reweighing of the aggravating circumstances against the mitigating evidence.
The trial court resentenced Bates to death in 1985. On direct appeal the Florida Supreme Court in 1987 affirmed the sentence. The U.S. Supreme Court denied certiorari the same year.
Governor Martinez in September 1989 signed a death warrant on Bates. The defendant responded by filing a 3.850 motion with the trial court the following month and a petition for a writ of habeas corpus with the Florida Supreme Court in November 1989. The trial court stayed the execution, and in its 1990 opinion held that Bates' counsel had been ineffective during the original sentencing proceeding. The court vacated the sentence and remanded for a new sentencing hearing. The State appealed the ruling to the Florida Supreme Court and Bates filed a cross-appeal. The Supreme Court in a consolidated 1992 opinion denied habeas and in affirming the trial courts ruling, remanded for resentencing. The U.S. Supreme Court in 1993 denied certiorari.
In 1995, the trial court resentenced Bates to death. Bates filed a direct appeal to the Florida Supreme Court in 1995. The court in 1999 affirmed the sentence. 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 denied on 01/30/09.
On 01/22/08, Bates filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court that was denied on 01/30/09.
On 03/16/09, Bates filed a Petition for Writ of Habeas Corpus in the United States District Court. This petition is pending.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
05/21/86 0 FIGHTING FSP
12/29/99 30 DISORDERLY CONDUCT UNION C. I.
________________________________________________________________
07/26/01 tb
07/26/01 approved whs
04/02/09 updated klh