Kilgore v. State
55 So. 3d 487
Fla.2010Background
- Kilgore was convicted of first-degree murder for the February 13, 1989 Jackson murder and sentenced to death after retrial following an earlier plea reversal.
- His postconviction motion raised numerous claims, including ineffective assistance of counsel at trial, Brady claims, and mental retardation challenges under Florida law.
- A 2005 evidentiary hearing revisited trial counsel’s representation, the defendant’s childhood, and potential mitigating evidence, including Oakley Training School conditions.
- A January 2007 evidentiary hearing focused on Kilgore’s mental retardation claims, presenting IQ scores from multiple tests and expert testimony.
- The postconviction court ultimately denied relief on all 27 claims, including the mental retardation challenge and the Brady claim, and Kilgore appealed.
- The Florida Supreme Court affirmed, concluding Kilgore failed to prove ineffective assistance, Brady prejudice, or a constitutional entitlement to mental retardation relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel at guilt phase | Kilgore asserts trial counsel failed to investigate and prepare adequately. | Kilgore cannot show deficient performance or prejudice; strategic choices were reasonable. | Denied; no reversible deficiency or prejudice established. |
| Brady violation regarding defendant’s 1978 notes | State suppressed favorable notes about Barbara Ann Jackson’s testimony. | Notes were not suppressive; deposition transcripts were more complete; no prejudice shown. | Denied; no prejudice established. |
| Mental retardation and Rule 3.203 challenges | Kilgore meets Florida’s subaverage intellectual functioning and other prongs; Atkins concerns apply. | Record supports Kilgore not meeting prongs; Cherry and Atkins interpretations upheld. | Denied; Kilgore does not meet the prongs for mental retardation. |
| Prosecutorial comments and appellate challenges | Prosecutor’s remarks prejudiced Kilgore; trial and appellate failures to object were deficient. | Claims are waived or meritless; no reversible error shown. | Procedurally barred and meritless. |
| Execution method and related claims | Electrocution/lethal injection violate Eighth Amendment and international law. | Claims are procedurally barred and lacking merit. | Procedurally barred and meritless. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court 1984) (establishes two-prong standard for ineffective assistance)
- Wiggins v. Smith, 539 U.S. 510 (U.S. Supreme Court 2003) (limits investigation obligation for mitigation evidence)
- Bobby v. Van Hook, 130 S. Ct. 13 (U.S. Supreme Court 2009) (mitigation evidence not required to discover all possible leads)
- Cherry v. State, 959 So.2d 702 (Fla. 2007) (defines standards for mental retardation under Florida law)
- Nixon v. State, 2 So.3d 137 (Fla. 2009) (articulates Rule 3.203 framework and review standard)
- Jones v. State, 966 So.2d 319 (Fla. 2007) (IQ70 or below requirement for mental retardation relief)
- Zack v. State, 911 So.2d 1190 (Fla. 2005) (supports interpretation of subaverage functioning threshold)
- Arbelaez v. State, 898 So.2d 25 (Fla. 2005) (Ring/Atkins-related limitations on jury determination for MR)