The Commission on Capital Cases updates thisinformation regularly.  This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied 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 – AssistantPublic Defender

Attorney, Direct Appeal (RS):  Paul C. Helm – AssistantPublic 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-degreemurder 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 armedtrespass, which began on 07/31/78.  On 02/13/89, while serving hissentence, Kilgore waited outside a cell that belonged to his lover, EmersonRobert Jackson.  When Jackson appeared, Kilgore stabbed him three timeswith a homemade shank knife.  After stabbing Jackson, Kilgore poured acaustic liquid onto Jackson’s face and into his mouth.  After theincident, Kilgore immediately went to the administration building and admittedthe murder to the guards.

Trial Summary:

03/02/89         Indicted as follows:

                                   Count I:          First-Degree Murder

                                   Count II:         Possession ofContraband 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 ofContraband by an Inmate – 15 years consecutive to death sentence, credit fortime served

06/22/93         As a result of successful post-conviction motions, Kilgore was remanded forresentencing

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 forconsideration of all motions

07/08/93         FSC dismissed appeal

Florida Supreme Court – Direct Appeal (afterresentencing)

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 ofCertiorari

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 ofCertiorari

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 HabeasCorpus

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 ofSentence:

The present delay in the execution of the sentence appearsto result from Judge Maloney recusing himself from the case on 04/10/00 and theappointment 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 filedmotions seeking to vacate his plea of nolo contendere and to reduce hissentence.  These motions were denied on 07/16/90.  Supplementalmotions were filed, asking for withdrawal of the plea, new trial, and a motionto vacate.

Kilgore filed a Direct Appeal to the Florida Supreme Courton 08/23/90.  The Court found that significant issues were raised by thedenial of these motions and the supplemental motions, so the court relinquishedjurisdiction over the case and ordered the trial court to consider all motionsfiled 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 voteof 9-3.  Kilgore was resentenced to death on 04/27/94.

Kilgore filed a Direct Appeal (after resentencing) to theFlorida Supreme Court on 05/11/94, raising a total of six issues, with three inthe conviction phase and three in the penalty phase.  For the convictionphase, Kilgore raised the following issues: the trial court denied him dueprocess when a request for heat-of-passion jury instructions were denied andimproper closing remarks to the jury by the prosecutor were allowed, failure toorder a competency evaluation during the trial, and due process was violatedwhen he was allowed to waive his presence at jury selection.  For thepenalty phase, Kilgore raised the following issues:  appropriateness ofthe death penalty, sentencing order was insufficient in its treatment ofmitigating circumstances, and denial of proposed jury instructions.  TheFSC affirmed Kilgore’s conviction and death sentence on 08/29/96.

Kilgore filed a 3.850 Motion to the Circuit Court on06/08/98 and amended it on 10/19/01.  The evidentiary hearing was held on06/13/05.  The Circuit Court denied this motion on 12/03/08.

On 05/28/08, Kilgore filed a Petition for Writ of Certiorariin 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 FloridaSupreme Court.  The FSC affirmed the denial of the 3.850 Petition. AMotion for Rehearing was filed on 12/03/10 and was denied on 02/17/11. Amandate was issued on 03/07/11.

On 08/19/09. Kilgore filed a Petition for Writ of HabeasCorpus in the Florida Supreme Court. This petition was denied on 11/18/10. AMotion for Rehearing was filed on 12/03/10 and was denied on 02/17/11.

Institutional Adjustment:

_______________________________________________________________________

Report Date:    05/26/01        JFL

Approved:       06/05/01         WS

Updated:         03/08/11         EMJ