Kayle Barrington Bates v. State of Florida

Kayle Barrington Bates, a prisoner under sentence of death, appeals the circuit court’s order summarily denying his successive motion for postconviction DNA testing pursuant to Florida Rule of Criminal Procedure 3.853. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const.

Bates previously moved for post-conviction DNA testing of several items of evidence from the crime scene, which the circuit court denied and this Court affirmed. Bates v. State, 3 So.3d 1091, 1097-98 (Fla. 2009). In his current motion, Bates seeks DNA testing of ten items, seven of which were previously requested in his…