Whether a state can execute a defendant without considering compelling neuropsychological evidence and despite potential constitutional violations in the sentencing process

After a questionable conviction, Kayle Bates has twice been sentenced to death. His first death sentence was reversed on collateral review for ineffective assistance of couns el during the penalty phase . Nevertheless, on remand , constitutional violations remained pervasive and Florida failed to determine whether Mr. Bates’s case was one of the most aggravated and least mitigated cases for which the death penalty is reserved . Accordingly , Mr. Bates presents t hree questions: 1. Whether a state can carry out an execution despite the relevant sentencers never considering compelling and outcome determinative neuropsychological evidence that showed the defendant’s case was not among the most aggravated and least mitigated. 2. Whether sentencing and appellate courts can rely upon death recommendations made by jurors that w ere misled about the defendant ’s possible release and danger to the community. 3. Whether state court s can apply discovery rules to preclude access to the facts necessary to allege and prove that an imminent execution by lethal injection will constitute cruel and unusual punishment.