Bates v. State

3 So. 3d 1091, 34 Fla. L. Weekly Supp. 166, 2009 Fla. LEXIS 142, 2009 WL 217969
CourtSupreme Court of Florida
DecidedJanuary 30, 2009
DocketSC07-611, SC08-66
StatusPublished
Cited by20 cases

This text of 3 So. 3d 1091 (Bates v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bates v. State, 3 So. 3d 1091, 34 Fla. L. Weekly Supp. 166, 2009 Fla. LEXIS 142, 2009 WL 217969 (Fla. 2009).

Opinions

PER CURIAM.

Kayle Barrington Bates appeals an order of the circuit court denying his motion to vacate his conviction of first-degree murder and sentence of death filed under Florida Rule of Criminal Procedure 3.850. He also petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const.

STATEMENT OF THE FACTS

In 1983, Bates was convicted for the 1982 murder of Janet Renee White. We described the unfortunate facts of the murder previously, stating, “Bates abducted a woman from her office, took her into some woods behind [a State Farm Insurance office] building [where she worked], attempted to rape her, stabbed her to death, and tore a diamond ring from one of her fingers.” Bates v. State, 465 So.2d 490, 491 (Fla.1985) (Bates I).

We have previously described Bates’ procedural history in detail. See id. However, we briefly summarize it again here. Bates was convicted in 1983 of first-degree murder, kidnapping, attempted sexual battery, and armed robbery. Id. He was sentenced to death, two terms of life imprisonment, and fifteen years of imprisonment. Id. After two direct appeals1 and a rule 3.850 motion,2 Bates was ultimately again sentenced to death. Bates v. State, 750 So.2d 6, 8-9 (Fla.1999) (Bates IV).3 In Bates’ most recent resentencing,

the jury recommended death by a vote of nine to three. The court found three aggravating circumstances: capital murder committed during an enumerated felony (kidnapping and attempted sexual battery); capital murder committed for pecuniary gain; and HAC. The court found two statutory mitigating circumstances: no significant history of prior criminal history (significant weight); and appellant’s age of twenty-four at the time he committed the murder (little [1097]*1097weight). The court found eight nonstat-utory mitigating circumstances: appellant was under some emotional distress at the time of the murder (significant weight); appellant’s ability to conform his conduct to the requirements of the law was impaired to some degree (significant weight); appellant’s family background (some weight); appellant’s national guard service (little weight); appellant was a dedicated soldier and patriot (little weight); appellant’s low-average IQ (little weight); appellant’s love for his wife and children and being a supportive father (some weight); and appellant was a good employee (little weight).
After weighing the relevant factors, the court determined that the aggrava-tors outweighed the mitigators and imposed the death penalty.

Id. at 9.

At Bates’ 1995 resentencing, the State advanced essentially the same theory of the case that it put forth in the 1983 trial. It called witnesses to testify that Bates was found at the scene of the crime; that he had the victim’s blood on his clothing; that he had the victim’s ring in his pocket when arrested; that Bates had given various inconsistent confessions that implicated him in the crime; and that other physical evidence implicated him. That physical evidence included a watch pin found at the scene of the crime that was consistent with Bates’ watch; Bates’ buck knife case and hat found near the victim; two green fibers found on the victim’s clothing that were consistent with Bates’ pants; and chemically indicated semen found both on the victim’s underwear and Bates’ underwear.

The State also argued that the crime occurred in the course of a very short window. At 1 p.m., the victim was seen arriving at the State Farm Insurance Office. The victim answered the phone at State Farm upon arriving and immediately screamed. At 1:07 p.m., the State Farm Insurance agent arrived. At 1:08 p.m., law enforcement officers began to arrive. At approximately 1:20 p.m., Bates was apprehended as he emerged from the woods at the scene of the crime. The State also emphasized the dozens of bruises, abrasions, and lacerations that the victim suffered, as well as the two stab wounds and the indications that she had been strangled. The State noted that the stab wounds were consistent with the exact type of knife that Bates carried, the same type of knife that matched Bates’ knife case found at the scene of the crime.

Bates then filed the postconviction motion at issue in this case, raising eighteen claims with several subclaims. The post-conviction court held a Huff4 hearing, granted an evidentiary hearing on two of the claims, and summarily denied the remaining claims. State v. Bates, No. 82-661 (Fla. 14th Cir. Ct. order denying relief in part and order granting evidentiary hearing filed July 29, 2005) (Huff Order). The postconviction court also denied Bates’ motion for postconviction DNA testing. See State v. Bates, No. 82-661B (Fla. 14th Cir. Ct. order denying defendant’s motion for postconviction DNA testing filed Mar. 18, 2004) (DNA Order). Finally, the post-conviction court denied Bates’ remaining two claims after conducting an evidentiary hearing. See State v. Bates, No. 82-661C (Fla. 14th Cir. Ct. order denying defendant’s motion for postconviction relief following evidentiary hearing filed Mar. 1, 2007) (Postconviction Order).

Bates has now appealed to this Court the denial of four of those claims, containing numerous subclaims, and has also filed a petition for a writ of habeas corpus. We [1098]*1098affirm the postconvietion court’s denial of relief and deny the petition for writ of habeas corpus on both issues raised.

ANALYSIS

Motion for DNA Testing

In Bates’ first claim, he argues that the postconviction court improperly denied his motion for DNA testing of several items under Florida Rule of Criminal Procedure 3.853. He claims that he did not commit the murder and that DNA testing of hairs, blood, semen, and other evidence would prove his innocence.

In order to be entitled to postconviction DNA testing, a defendant’s motion must include “a description of the physical evidence containing DNA to be tested and, if known, the present location or last known location of the evidence and how it originally was obtained.” Fla. R.Crim. P. 3.853(b)(1). The motion must also allege that the evidence was not previously tested or that the results of such testing were inconclusive. Fla. R.Crim. P. 3.853(b)(2).

Additionally, a defendant’s motion must explain how the DNA testing requested will exonerate the defendant or mitigate the defendant’s sentence. Fla. R.Crim. P. 3.853(b)(3)-(4). A defendant’s motion “is facially sufficient with regard to the exoneration issue if the alleged facts demonstrate that there is a reasonable probability that the defendant would have been acquitted if the DNA evidence had been admitted at trial.” Knighten v. State, 829 So.2d 249, 252 (Fla. 2d DCA 2002). “The clear requirement of [the] provisions [of rule 3.853] is that a movant ... must lay out with specificity how the DNA testing of each item requested to be tested would give rise to a reasonable probability of acquittal or a lesser sentence.” Hitchcock v. State, 866 So.2d 23, 27 (Fla.2004). Further, “the movant must demonstrate the nexus between the potential results of DNA testing on each piece of evidence and the issues in the case.” Id.

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Bates v. State
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Cite This Page — Counsel Stack

Bluebook (online)
3 So. 3d 1091, 34 Fla. L. Weekly Supp. 166, 2009 Fla. LEXIS 142, 2009 WL 217969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bates-v-state-fla-2009.