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.
KILGORE, Dean (B/M)
DC# 029315
DOB: 10/16/50
Tenth Judicial Circuit, Polk County Case# CF89-0686A1-XX
(Transferred to the 13th Judicial Circuit)
Sentencing Judge: The Honorable J. Tim Strickland
Resentencing Judge: The Honorable Dennis P. Maloney
Trial Attorney: Jeffrey M. Holmes – Private
Attorney, Direct Appeal: Robert F. Moeller – Assistant Public Defender
Attorney, Direct Appeal (RS): Paul C. Helm – Assistant Public Defender
Attorneys, Collateral Appeals: William Hennis – CCRC-S
Date of Offense: 02/13/89
Date of Sentence: 07/13/90
Date of Resentence: 04/27/94
Circumstances of Offense:
On 07/13/90, Dean Kilgore was convicted of first-degree murder and resentenced to death.
Kilgore was serving two life sentences for prior offenses, first-degree murder and kidnapping, as well as a five year term for armed trespass, which began on 07/31/78. On 02/13/89, while serving his sentence, Kilgore waited outside a cell that belonged to his lover, Emerson Robert Jackson. When Jackson appeared, Kilgore stabbed him three times with a homemade shank knife. After stabbing Jackson, Kilgore poured a caustic liquid onto Jackson’s face and into his mouth. After the incident, Kilgore immediately went to the administration building and admitted the murder to the guards.
Trial Summary:
03/02/89 Indicted as follows:
Count I: First-Degree Murder
Count II: Possession of Contraband by an Inmate
07/05/90 Kilgore entered a plea of nolo contendere to all counts
07/13/90 Jury returned verdicts of guilty on both counts of the indictment.
Kilgore waived jury advisory sentence during penalty phase
Judge imposed sentence as follows:
Count I: First-Degree Murder – Death
Count II: Possession of Contraband by an Inmate – 15 years consecutive to death sentence, credit for time served
06/22/93 As a result of successful post-conviction motions, Kilgore was remanded for resentencing
04/07/94 Jury recommended death sentence by a vote of 9-3
04/27/94 Resentenced to death
Appeals Summary:
Florida Supreme Court – Direct Appeal
FSC# 76,521
624 So.2d 266
08/23/90 Appeal filed
10/22/92 FSC relinquished jurisdiction on the matter to the 10th Circuit Court for consideration of all motions
07/08/93 FSC dismissed appeal
Florida Supreme Court – Direct Appeal (after resentencing)
FSC# 83,684
688 So.2d 895
05/11/94 Appeal filed
08/29/96 FSC affirmed conviction and death sentence
04/09/97 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 96-9182
522 U.S. 832
05/30/97 Petition filed
10/06/97 Petition denied
State Circuit Court – 3.850 Motion
CC# 89-0686
06/08/98 Motion filed
10/19/01 Motion amended
06/13/05 Evidentiary hearing held
12/03/08 Motion denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 07-11177
129 S.Ct. 113
05/28/08 Petition filed
10/06/08 Petition denied
Florida Supreme Court – 3.850 Appeal
FSC# 09-257
02/13/09 Appeal filed
11/18/10 FSC affirmed denial of petition
12/03/10 Motion for Rehearing filed
02/17/11 Motion denied
03/07/11 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 09-1552
08/19/09 Petition filed
11/18/10 Petition denied
12/03/10 Motion for Rehearing filed
02/17/11 Motion denied
Factors Contributing to the Delay in Imposition of Sentence:
The present delay in the execution of the sentence appears to result from Judge Maloney recusing himself from the case on 04/10/00 and the appointment of Judge Padgett on 04/17/00 and also from Kilgore’s resentencing.
Case Information:
On the day the sentence was imposed, 07/13/90, Kilgore filed motions seeking to vacate his plea of nolo contendere and to reduce his sentence. These motions were denied on 07/16/90. Supplemental motions were filed, asking for withdrawal of the plea, new trial, and a motion to vacate.
Kilgore filed a Direct Appeal to the Florida Supreme Court on 08/23/90. The Court found that significant issues were raised by the denial of these motions and the supplemental motions, so the court relinquished jurisdiction over the case and ordered the trial court to consider all motions filed after 07/13/90.
The trial court denied Kilgore’s motion to reduce sentence, but granted his motion to vacate his plea and vacate sentence on 06/22/93.
On 04/07/94, the jury recommended a death sentence by a vote of 9-3. Kilgore was resentenced to death on 04/27/94.
Kilgore filed a Direct Appeal (after resentencing) to the Florida Supreme Court on 05/11/94, raising a total of six issues, with three in the conviction phase and three in the penalty phase. For the conviction phase, Kilgore raised the following issues: the trial court denied him due process when a request for heat-of-passion jury instructions were denied and improper closing remarks to the jury by the prosecutor were allowed, failure to order a competency evaluation during the trial, and due process was violated when he was allowed to waive his presence at jury selection. For the penalty phase, Kilgore raised the following issues: appropriateness of the death penalty, sentencing order was insufficient in its treatment of mitigating circumstances, and denial of proposed jury instructions. The FSC affirmed Kilgore’s conviction and death sentence on 08/29/96.
Kilgore filed a 3.850 Motion to the Circuit Court on 06/08/98 and amended it on 10/19/01. The evidentiary hearing was held on 06/13/05. The Circuit Court denied this motion on 12/03/08.
On 05/28/08, Kilgore filed a Petition for Writ of Certiorari in the United States Supreme Court. This petition was denied on 10/06/08.
On 02/13/09, Kilgore filed a 3.850 Appeal in the Florida Supreme Court. The FSC affirmed the denial of the 3.850 Petition. A Motion for Rehearing was filed on 12/03/10 and was denied on 02/17/11. A mandate was issued on 03/07/11.
On 08/19/09. Kilgore filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. This petition was denied on 11/18/10. A Motion for Rehearing was filed on 12/03/10 and was denied on 02/17/11.
Institutional Adjustment:
|
Date |
Violation |
Days |
Location |
||
|
03/30/72 |
UKNOWN |
0 |
CENTRAL OFFICE |
||
|
04/18/7 |
UNKNOWN |
15 |
CENTRAL OFFICE |
||
|
07/11/72 |
UNKNOWN |
60 |
CENTRAL OFFICE |
||
|
07/12/72 |
UNKNOWN |
10 |
CENTRAL OFFICE |
||
|
06/02/74 |
UNKNOWN |
0 |
CENTRAL OFFICE |
||
|
07/30/79 |
SEX ACTS |
60 |
UNION C.I. |
||
|
05/13/81 |
PART IN DISTRUBANCE |
0 |
FLORIDA STATE PRISON |
||
|
07/28/88 |
ASSAULTS OR ATTEMPT |
180 |
CENTRAL OFFICE |
||
|
08/11/88 |
DISORDERLY CONDUCT |
60 |
CENTRAL OFFICE |
||
|
12/14/88 |
POSS OF WEAPONS |
60 |
POLK |
||
|
03/15/95 |
DISOBEYING ORDER |
0 |
UNION C.I. |
||
|
03.23.85 |
DISORDERLY CONDUCT |
0 |
UNION C.I. |
||
|
07/12/96 |
DISORDERLY CONDUCT |
0 |
UNION C.I. |
||
|
06/06/97 |
SPOKEN THREATS |
0 |
UNION C.I. |
|
|
|
06/06/97 |
DISRESP. TO OFFICALS |
0 |
UNION C.I. |
|
|
|
05/13/00 |
DISORDERLY CONDUCT |
0 |
UNION C.I. |
|
|
|
07/20/01 |
DISOBEYING ORDER |
30 |
UNION C.I. |
|
|
_______________________________________________________________________
Report Date: 05/26/01 JFL
Approved: 06/05/01 WS
Updated: 03/08/11 EMJ