In 48 hours, Florida plans to execute Billy Leon Kearse. His case is currently before the United States Supreme Court and presents two serious constitutional concerns that go to the heart of whether his death sentence can stand.
First, after Governor DeSantis signed Billy’s death warrant, a juror from his capital resentencing publicly confirmed what had long raised concern: the courtroom was filled with law enforcement officers from across the state. In a case involving the murder of Sgt. Parrish — a well-known and respected officer in the community — that visible show of uniformed authority carried obvious weight. The juror did not merely acknowledge their presence; she admitted that it affected her. That admission goes directly to the integrity of the sentencing proceeding. When a juror confirms that an overwhelming display of law enforcement influenced her deliberations, it calls into question the reliability of the death verdict itself. Yet the Florida Supreme Court declined to review the issue meaningfully.
Second, Billy is a person with intellectual disabilities, and the Constitution forbids his execution. He has presented to the Court a full-scale IQ score on the most current and reliable testing instrument, a documented history of adaptive deficits, and evidence that these limitations existed before age 18. For example, his trial court found several mitigating factors directly related to his intellectual disability:
- low IQ,
- impaired social judgment,
- difficulty attending to and concentrating on visual and auditory stimuli,
- poor verbal comprehension,
- impaired problem solving, deficits in visual and motor performance,
- functioning at a third or fourth grade level,
- developmentally learning disabled,
- severely emotionally handicapped,
- and more.
For these reasons and others, the Florida Supreme Court originally affirmed Billy’s death sentence by a mere vote of 4-3. One Justice noted that there was “no evidence” that Billy “set out that night intending to commit any crime, let alone murder.”
Florida courts have refused to fully consider this evidence, instead blocking the claims on procedural grounds. That’s why Billy is presenting a simple but profound question at the U.S. Supreme Court: Can a state use technical procedural rules to execute someone the Constitution says cannot be executed? If the Court does not intervene, Florida will carry out yet another unconstitutional execution without meaningful review of these serious issues.
What You Can Do Now:
Unless a court or the Governor intervenes, we will gather at 5 p.m. ET on Tuesday across from Florida State Prison. Please join us there, online, or at one of the many events taking place across the state.
- Add your name to Billy’s petition
- Send a message to Governor DeSantis
Death is irreversible. Constitutional violations should not be. Take action for Billy now.
Onward,
Bridget Maloney
FADP Communications Director
P.S. While Billy’s case is before the U.S. Supreme Court, Michael King’s constitutional claims are being filed at the Florida Supreme Court, and we are closely monitoring developments in James Duckett’s case. Please take action for Michael and James now — this week, every hour matters.