Florida Supreme Court denies Kayle Bates' request to interview juror
As part of its regular release of opinions this morning, the Florida Supreme Court decided Bates v. State. The Court affirmed the circuit court's denial of his request to interview a juror from trial.
As part of its regular release of opinions this morning, the Florida Supreme Court decided Bates v. State.
Kayle Bates was originally sentenced to death following trial in 1983. On direct appeal in 1985, the Florida Supreme Court remanded for a new penalty phase. After resentencing, Bates was again sentenced to death. The Court affirmed the sentence on direct appeal in 1987.
In 1989, when Bates was under an active death warrant, the circuit court ordered a new resentencing, finding that Bates’ counsel was ineffective. In his third resentencing, Bates was again sentenced to death following the jury’s recommendation for a sentence of death by a vote of 9-3. The Court affirmed his sentence on direct appeal in 1999.
In this case, Bates seeks to interview one of the jurors who sat on his 1983 trial. He claims that “the juror is the second cousin of a person who was married to the victim’s sister.” In a unanimous opinion authored by Justice Couriel, the Court determined his request is time-barred, stating that Bates “failed to carry his burden of showing good cause for the 40-year delay” in his request. Accordingly, the Court affirmed the circuit court’s denial of his motion.
The full opinion can be downloaded on the Court’s website here.