KAYLE BARRINGTON BATES
v.
STATE OF FLORIDA
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Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision was issued.
[1] A decision establishing a new constitutional requirement for capital sentencing does not apply retroactively to death sentences that became final before the decision was…
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Join FLexlaw to unlock all legal intelligenceKayle Barrington Bates was sentenced to death following a jury recommendation by a vote of nine to three in 1999, and his sentence became final in 200…
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Supreme Court of Florida
____________
No. SC17-850 ____________
KAYLE BARRINGTON BATES, Appellant,
vs.
STATE OF FLORIDA, Appellee.
____________
No. SC17-1224 ____________
KAYLE BARRINGTON BATES, Petitioner,
vs.
JULIE L. JONES, etc., Respondent.
[January 22, 2018]
PER CURIAM.
Kayle Barrington Bates appeals the circuit court’s order denying his motion filed pursuant to Florida Rule of Criminal Procedure 3.851 and petitions this Court
for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. Bates seeks relief pursuant to the United States Supreme Court’s decision in Hurst v. Florida, 136 S. Ct. 616 (2016), and our decision on remand in Hurst v. State (Hurst), 202 So. 3d 40 (Fla. 2016), cert. denied, 137 S. Ct. 2161 (2017). This Court stayed Bates’ appeal and consideration of his habeas petition pending the disposition of Hitchcock v. State, 226 So. 3d 216 (Fla. 2017), cert. denied, 138 S. Ct. 513 (2017). After this Court decided Hitchcock, Bates responded to this Court’s order to show cause arguing why Hitchcock should not be dispositive in both cases. After reviewing Bates’ response to the order to show cause, as well as the State’s arguments in reply, we conclude that Bates is not entitled to relief. Bates was sentenced to death following a jury’s recommendation for death by a vote of nine to three. Bates v. State, 750 So. 2d 6, 9 (Fla. 1999). Bates’ sentence of death became final in 2000. Bates v. Florida, 531 U.S. 835 (2000). Thus, Hurst does not apply retroactively to Bates’ sentence of death. See Hitchcock, 226 So. 3d at 217. Accordingly, we affirm the denial of Bates’ motion and deny his petition for a writ of habeas corpus.
The Court having carefully considered all arguments raised by Bates, we caution that any rehearing motion containing reargument will be stricken. It is so ordered. LABARGA, C.J., and QUINCE, POLSTON, and LAWSON, JJ., concur. PARIENTE, J., concurs in result with an opinion. LEWIS and CANADY, JJ., concur in result. PARIENTE, J., concurring in result. I concur in result because I recognize that this Court’s opinion in Hitchcock v. State, 226 So. 3d 216 (Fla. 2017), cert. denied, 138 S. Ct. 513 (2017), is now final. However, I continue to adhere to the views expressed in my dissenting opinion in Hitchcock. An Appeal from the Circuit Court in and for Bay County, Harry Hentz McClellan, Judge - Case No. 031982CF000661XXAXMX And an Original Proceeding – Habeas Corpus
Sarah S. Butters of Ausley McMullen, Tallahassee, Florida, and Neal Dupree, Capital Collateral Regional Counsel, Scott Gavin, and Rachel Day, Assistant Capital Collateral Regional Counsel, Southern Region, Fort Lauderdale, Florida,
for Appellant/Petitioner
Pamela Jo Bondi, Attorney General, and Charmaine M. Millsaps, Assistant Attorney General, Tallahassee, Florida,
for Appellee/Respondent
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hurst v. Florida., 136 S. Ct. 616 (U.S. 2016)
- Florida v. Hurst., 137 S. Ct. 2161 (U.S. 2017)
- Hitchcock v. State, 226 So. 3d 216 (Fla. 2017)
- Loud v. Lorie Davis, 138 S. Ct. 513 (U.S. 2017)
- Kayle Barrington Bates v. State, 750 So. 2d 6 (Fla. 1999)
- Czajkowski v. State, 202 So. 3d 40 (Fla. 2016)
- Lofton v. Johnson, 531 U.S. 835 (U.S. 2000)