Dean Kilgore

Case information

Dean Kilgore (DOB: 10/16/50) was the appellant in Dean Kilgore, Appellant, vs. State of Florida, Appellee in Florida Supreme Court Docket #83684.

The case was in the Tenth Judicial Circuit, Polk County, Case #CF89-0686A1-XX, and it was transferred to the 13th Judicial Circuit.

Sentencing Judge: The Honorable J. Tim Strickland. Resentencing Judge: The Honorable Dennis P. Maloney.

Trial Attorney: Jeffrey M. Holmes – Private Attorney. Direct Appeal: Robert F. Moeller – Assistant Public Defender. Direct Appeal (RS): Paul C. Helm – Assistant Public Defender. Collateral Appeals: William Hennis – CCRC-S.

Timeline

• 02/13/89 — Date of offense.
• 03/02/89 — Indictment.
• 07/31/78 — Armed trespass term began.
• 07/05/90 — Dean Kilgore entered a plea of nolo contendere to all counts.
• 07/13/90 — Jury returned verdicts of guilty on both counts; Judge imposed death sentence and Kilgore filed motions to vacate the plea of nolo contendere and to reduce his sentence; motions were denied on 07/16/90.
• 06/22/93 — Trial court vacated the plea and vacate sentence on post-conviction motions; credit for time served.
• 04/07/94 — Jury recommended death sentence by a vote of 9-3.
• 04/27/94 — Resentenced to death.
• 08/23/90 — Kilgore filed a direct appeal to the Florida Supreme Court.
• 05/11/94 — Kilgore filed a direct appeal after resentencing to the Florida Supreme Court.
• 08/29/96 — The Florida Supreme Court affirmed Kilgore’s conviction and death sentence.
• 06/08/98 — Kilgore filed a 3.850 Motion to the Circuit Court.
• 10/19/01 — Kilgore amended the 3.850 Motion.
• 06/13/05 — Evidentiary hearing was held.

Background

Dean Kilgore was serving two life sentences for prior offenses: first-degree murder and kidnapping. He was also serving a five year term for armed trespass, which began on 07/31/78.

The offence

On 02/13/89, while serving his sentence, Kilgore waited outside a cell that belonged to his lover, Emerson Robert Jackson. When Jackson appeared, Kilgore stabbed him three times with a homemade shank knife.

After stabbing Jackson, Kilgore poured a caustic liquid onto Jackson’s face and into his mouth.

After the incident, Kilgore immediately went to the administration building and admitted the murder to the guards.

Investigation and charging

On 03/02/89, Kilgore was indicted as follows:

• Count I: First-Degree Murder
• Count II: Possession of Contraband by an Inmate

Trial

On 07/05/90, Kilgore entered a plea of nolo contendere to all counts.

On 07/13/90, the jury returned verdicts of guilty on both counts of the indictment. Kilgore waived jury advisory sentence during the penalty phase.

During the day the sentence was imposed, 07/13/90, Kilgore filed motions seeking to vacate his plea of nolo contendere and to reduce his sentence. These motions were denied on 07/16/90.

Supplemental motions were filed, asking for withdrawal of the plea, new trial, and a motion to vacate.

Sentencing

On 07/13/90, Judge imposed the following sentence:

• Count I: First-Degree Murder — Death
• Count II: Possession of Contraband by an Inmate — 15 years consecutive to death sentence, credit for time served

As a result of successful post-conviction motions, Kilgore was remanded for resentencing.

On 04/07/94, a jury recommended a death sentence by a vote of 9-3.

On 04/27/94, Kilgore was resentenced to death.

Appeals

Kilgore filed a direct appeal to the Florida Supreme Court on 08/23/90.

The Florida Supreme Court found that significant issues were raised by the denial of the motions and the supplemental motions, so the court relinquished jurisdiction over the case and ordered the trial court to consider all motions filed after 07/13/90.

The trial court denied Kilgore’s motion to reduce sentence, but granted his motion to vacate his plea and vacate sentence on 06/22/93.

After resentencing, Kilgore filed a direct appeal to the Florida Supreme Court on 05/11/94, raising a total of six issues, with three in the conviction phase and three in the penalty phase.

Conviction-phase issues

Kilgore raised the following issues in the conviction phase:

• The trial court denied him due process when a request for heat-of-passion jury instructions were denied and improper closing remarks to the jury by the prosecutor were allowed.
• Failure to order a competency evaluation during the trial.
• Due process was violated when he was allowed to waive his presence at jury selection.

Penalty-phase issues

Kilgore raised the following issues in the penalty phase:

• Appropriateness of the death penalty.
• Sentencing order was insufficient in its treatment of mitigating circumstances.
• Denial of proposed jury instructions.

The Florida Supreme Court affirmed Kilgore’s conviction and death sentence on 08/29/96.

Post-conviction proceedings

Kilgore filed a 3.850 Motion to the Circuit Court on 06/08/98 and amended it on 10/19/01. The evidentiary hearing was held on 06/13/05.

This case was currently pending.

Outcome

Dean Kilgore was sentenced to death on 07/13/90 and was resentenced to death on 04/27/94. The Florida Supreme Court affirmed his conviction and death sentence on 08/29/96.