With an execution date set for March 3, Billy Leon Kearse is making a final stand before the Florida Supreme Court. His legal team filed a petition for a writ of habeas corpus on February 15, 2026, presenting fresh evidence that they argue makes his death sentence unconstitutional.
The core of the appeal rests on a two-pronged argument: Kearse suffers from a lifelong intellectual disability and his brain was neurobiologically immature at the time of the 1991 crime.
Kearse was 18 years old when he was arrested for the murder of a police officer. While he has been on death row for decades, his attorneys, led by the Capital Collateral Regional Counsel – South, are utilizing modern scientific standards to challenge his eligibility for the death penalty.
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They argue that the understanding of the human brain has shifted significantly since Kearse’s original trials in the 1990s.
Expert Evidence on Intellectual Disability
A key component of the filing is a new intellectual evaluation by Dr. Robert Ouaou, a clinical and forensic neuropsychologist. Dr. Ouaou administered the Wechsler Adult Intelligence Scale – 5th Edition (WAIS-5), the most recent standard in the field released in late 2024. Kearse achieved a full-scale IQ score of 75.
While a score of 70 is often cited as a benchmark, Dr. Ouaou noted that clinical standards like the DSM-5-TR and AAIDD guidelines require a broader look at “adaptive functioning”—how a person handles daily life. The report points to school records from the 1980s showing Kearse struggled with basic reading and math, often functioning at a “retarded” level according to former teachers. The report also highlights testimony that Kearse was exposed to heavy alcohol use in utero, a known cause of permanent cognitive impairment.
The “Late Adolescence” Argument
The defense is also leaning on a declaration from Dr. Laurence Steinberg, a leading expert in adolescent development. Dr. Steinberg argues that the “bright-line” rule of 18 being the age of adulthood is scientifically outdated.
According to his declaration, the prefrontal cortex—the part of the brain responsible for impulse control and weighing consequences—is not fully developed until the mid-20s.
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Dr. Steinberg suggests that 18-year-olds are neurobiologically more similar to younger teenagers than to stable adults, especially in “hot cognition” moments involving high stress or emotional arousal. The petition argues that because the U.S. Supreme Court has already banned the execution of those under 18 (Roper v. Simmons), the same logic should apply to individuals like Kearse, who was barely 18 and showed signs of significant developmental delay.
Legal Stakes
The State of Florida has historically maintained a strict threshold for intellectual disability claims and age-based mitigations. However, the defense points to recent rulings in states like Massachusetts and Washington, where courts have begun to recognize the “emerging adult” science for those aged 18 to 21.
Kearse’s execution is currently scheduled for 6:00 PM on March 3, 2026. The Florida Supreme Court must now decide whether this updated scientific framework warrants a stay of execution or a vacation of his death sentence.
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