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Kayle Barrington BATES

 
 
 
 
 

 

 

 

 
 
 
Classification: Murderer
Characteristics: Kidnapping - Attempted to rape - Robbery
Number of victims: 1
Date of murder: June 14, 1982
Date of birth: February 19, 1958
Victim profile: Janet Renee White, 24
Method of murder: Stabbing with knife
LocationBay County, Florida, USA
Status: Sentenced to death on July 25, 1995
 
 
 
 
 

Supreme Court of Florida

 
opinion 67422 opinion 74972
 
opinion 86180 opinion SC07-611
 
 
 
 
 
 

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, Esq. - Private
Attorney, Resentencing: David A. Davis - Assistant Public Defender
Attorneys, Resentencing II: Thomas H. Dunn, Esq. & Harold Richman, Esq. - 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, Esq. - Private
Attorneys, Collateral Appeals: Terri Backhus & Suzanne Keffer – 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

Resentencing  Summary: 

07/22/85          Defendant was resentenced to death.

Resentencing II  Summary: 

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.

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 court’s ruling, remanded for resentencing.  The U.S. Supreme Court in 1993 denied certiorari. 

The trial court in 1995 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 motion is currently pending.

Floridacapitalcases.state.fl.us

 
 


Kayle Bates

 

 

 
 
 
 
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