The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.

GORE, Marshall Lee (W/M)

AKA: Mars. L. Gore

DC# 401256

DOB: 08/17/63

Third Judicial Circuit, Columbia County Case # 88-607

Sentencing Judge: The Honorable E. Vernon Douglas

Attorney, Trial: Jimmy Hunt – Assistant Public Defender

Attorney, Direct Appeal: W.C. McLain – Assistant Public Defender

Attorney, Collateral Appeals: Christopher Anderson – Registry

Date of Offense: 01/31/88

Date of Sentence: 04/03/90

Circumstances of Offense:

On 04/02/88, the skeletonized remains of Susan Roark were found in Columbia County, Florida. Forensic investigation determined that the body was placed in that location at death, or within two hours following death.

Susan Roark was last seen alive on 01/30/88, in Cleveland, Tennessee, in the presence of Marshall Lee Gore. Gore was waiting at a convenience store for a friend to pick him up and travel to Florida. Gore struck up a conversation with Roark and the two left in Roark’s black Ford Mustang.

Gore arrived in Tampa on 01/31/88, driving a black Ford Mustang. He convinced a friend to help him pawn several items that were later determined to have belonged to Roark. Gore then proceeded to Miami, where he abandoned Roark’s car after it was involved in a two-car accident. Gore’s fingerprint and a Miami police traffic ticket, issued to Gore, were found in the car.

Lisa Ingram testified that she was riding in a car with Gore on 02/19/88 when she saw a woman’s purse in the back seat. According to Ingram, Gore told her that the purse belonged to “a girl that he had killed last night.”

Prior Incarceration History in the State of Florida:

Gore had a criminal record in Florida, prior to the Roark murder. The following information was provided by the Florida Department of Corrections website:

Prior Community Supervision History
Offense Date	Offense	Sentence Date	County	Case No.	Community Supervision Length
09/21/1982	CARRYING CONCEALED FIREARM	11/23/1982	MIAMI-DADE	8221537	1Y 0M 0D (PROBATION)
04/18/1984	CARRYING CONCEALED FIREARM	10/15/1984	MIAMI-DADE	8410079	0Y 6M 0D (PROBATION)
11/12/1985	GRAND THEFT,$300 LESS &20,000	02/24/1986	MIAMI-DADE	8529235	1Y 0M 1D (PROBATION)

Trial Summary:

07/28/89 Indicted as follows:

Count I First-Degree Murder

Count II Kidnapping

Count III Armed Robbery

03/14/90 Jury returned guilty verdicts on all counts of the indictment

04/02/90 Jury recommended death by a vote of 11-1

04/03/90 Sentenced as follows:

Count I First-Degree Murder – Death

Count II Kidnapping – Life Imprisonment

Count III Armed Robbery – 15 years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 75,955

599 So. 2d 978

05/04/90 Appeal filed

04/16/92 FSC affirmed convictions and sentences

07/06/92 Rehearing denied

08/05/92 Mandate issued

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 92-5955

506 U.S. 1003

09/21/92 Petition filed

11/30/92 USSC denied Petition

Circuit Court – 3.850 Motion

CC# 88-607

05/03/94 Motion filed

06/04/01 Circuit Court denied Motion

Florida Supreme Court – 3.850 Motion Appeal

FSC# 01-1524

846 So. 2d 461

07/10/01 Appeal filed

04/17/03 FSC affirmed denial of 3.850 Motion

05/19/03 Mandate issued

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 02-684

846 So. 2d 461

03/27/02 Petition filed

04/17/03 FSC denied Petition

05/19/03 Mandate issued

U.S. District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 02-942

10/09/02 Petition filed (pro se)

10/10/02 USDC denied Petition, without prejudice, to allow completion of State proceedings

U.S. District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 03-474

09/29/03 Petition filed

04/22/05 Petition amended

01/31/06 USDC denied petition

U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal

USCA# 06-11522

492 F.3d 1273

03/01/06 Appeal filed

05/01/06 COA granted

07/20/07 Lower Court decision was affirmed

09/05/07 Mandate issued

Florida Supreme Court – 3.853 Motion Appeal

FSC# 07-678

04/12/07 Appeal filed (pro se)

06/08/10 FSC affirmed denial of 3.853 Motion

05/20/10 Mandate issued

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 07-7796

128 U.S. 1226

11/16/07 Petition filed

02/19/08 Petition denied

Circuit Court – 3.850 Motion

CC# 88-607

06/06/08 Petition filed

06/12/08 Petition dismissed as untimely filed

Florida Supreme Court – 3.850 Motion Appeal

FSC# 08-1261

07/01/08 Appeal filed

10/28/08 Appeal stricken and dismissed

Factors Contributing to the Delay in Imposition of Sentence:

The 3.850 Motion was pending from 05/03/94 – 06/04/01.

Case Information:

Gore filed a Direct Appeal with the Florida Supreme Court on 05/04/90, citing the following errors: denying a motion to suppress statements to police; allowing the presentation of collateral crime evidence; denying a motion of continuance to secure defense testimony; denying a motion for acquittal on Kidnapping count; failing to sequester Roark’s stepmother; allowing State to question a defense psychiatrist on Gore’s mental state; and finding of aggravating circumstances. On 04/16/92, the FSC affirmed the convictions and sentences of Gore.

Gore filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 09/21/92 that was denied on 11/30/92.

Gore filed a 3.850 Motion with the Circuit Court on 05/03/94 that was denied on 06/04/01.

Gore filed a 3.850 Motion Appeal with the Florida Supreme Court on 07/10/01, citing claims of ineffective assistance of counsel. On 04/17/03, the FSC affirmed the denial of the 3.850 Motion.

Gore filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 03/27/02, citing claims of ineffective assistance of counsel. On 04/17/03, the FSC denied the Petition.

Gore filed a Pro Se Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 10/09/02. On 10/10/02, the USDC denied the Petition, without prejudice, to allow for the completion of State proceedings.

Gore filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 09/29/03 and amended the Petition on 04/22/05. The USDC denied the petition on 01/31/06.

Gore filed a Petition for Writ of Habeas Corpus with the U.S. Court of Appeals, 11th Circuit, on 03/01/06. The lower court decision was affirmed on 07/20/07, and a mandate was issued on 09/05/07.

Gore filed a pro se 3.853 Appeal with the Florida Supreme Court on 04/12/07, which was denied on 04/08/10.

On 11/16/07, Gore filed a Petition for Writ of Certiorari in the United States Supreme Court. The petition was denied on 02/19/08.

On 07/01/08, Gore filed a 3.850 Motion Appeal in the Florida Supreme Court. This motion was stricken and dismissed by the court on 10/28/08.

GORE, Marshall (W/M)

DC# 401256

DOB: 08/17/63

Eleventh Judicial Circuit, Dade County Case # 90-11445

Sentencing Judge: The Honorable Thomas Carney

Resentencing Judge: The Honorable Leslie Rothenberg

Attorney, Trial: Anthony Genova, Guillermo Pena, John Lipinski – Special Assistant Public Defender

Attorney, Direct Appeal:

(1998) – John Lipinski, Maria Lipinski, Anthony Genova – Private

(2001) – William Norris – Private

Attorney, Collateral Appeals: Steven Hammer – Registry

Date of Offense: 03/10/88

Dates of Sentence: 06/30/95 & 04/19/99

Circumstances of Offense:

On 03/16/88, police found a blue tarp that covered the body of a white female, identified through dental records as Robyn Novick. Forensic investigation showed that the cause of death was multiple stab wounds to the chest and strangulation.

On 03/11/88, witnesses at the Redlands Tavern saw Robyn Novick get into a yellow Corvette and leave the bar, in the company of a man, later identified in photographic lineups as Marshall Gore.

On the morning of 03/12/88, Gore came to the house of David Restrepo, driving a yellow Corvette with “Robyn N” on the license plate. Restrepo was told by Gore that his girlfriend had loaned him the car. Gore and Restrepo then drove to a strip club, and Gore explained that he wanted to change his name to Robyn. The two then went to a convenience store, but after leaving the store, Gore lost control of the vehicle, which flipped several times and came to a rest with two flat tires. Gore and Restrepo abandoned the wrecked car. Police found the abandoned car and discovered credit cards, a driver license, and cigarette case, all belonging to Robyn Novick.

Additional Information:

At the time of conviction for the murder of Robyn Novick, Gore was under a sentence of death for the 01/31/88 kidnapping, robbery, and murder of Susan Roark (Columbia County Case# 88-607) and a sentence of life imprisonment for the 03/14/88 kidnapping, sexual battery, and attempted murder of Tina Corolis (Dade County Case# 88-9827).

In 2002, Gore filed a notice with the Circuit Court that he was incompetent to proceed. The Circuit Court appointed experts for psychiatric evaluation. On 04/09/04, a competency hearing was held in the Circuit Court and Gore was determined to be competent.

Trial Summary:

03/21/90 Indicted as follows:

Count I First-Degree Murder

Count II Armed Robbery

05/05/95 Jury returned guilty verdicts on all counts of the indictment

05/06/95 Jury recommended death by a vote of 11-1

06/30/95 Sentenced as follows:

Count I First-Degree Murder – Death

Count II Armed Robbery – Life Imprisonment

10/01/98 FSC vacated convictions and sentences and remanded for a new trial

02/12/99 Jury returned guilty verdicts on all counts of the indictment

03/16/99 Jury recommended death by a vote of 12-0

04/19/99 Sentenced as follows:

Count I First-Degree Murder – Death

Count II Armed Robbery – Life Imprisonment

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 86,249

719 So. 2d 1197

08/10/95 Appeal filed

10/01/98 FSC reversed convictions and sentences

10/25/98 Mandate issued

Florida Supreme Court – Direct Appeal (after retrial)

FSC# 96,127

784 So. 2d 418

07/27/99 Appeal filed

04/19/01 FSC affirmed convictions and sentences

05/18/01 Mandate issued

Circuit Court – 3.850 Motion

CC# 90-11445

06/18/02 Shell Motion filed

08/27/02 Circuit Court granted State motion to strike 3.850 Shell Motion

Florida Supreme Court – 3.850 Motion Appeal

FSC# 02-2285

841 So.2d 466

10/21/02 Appeal filed

03/10/03 FSC ordered Gore to file an amended 3.850 Motion in the Circuit Court within 60 days

Circuit Court – 3.850 Motion

CC# 90-11445

06/01/04 Motion filed

09/13/05 CC denied motion

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 05-1168

913 So.2d 596

05/31/05 Petition filed

09/23/05 FSC denied petition without an opinion

Florida Supreme Court – 3.850 Motion Appeal

FSC# 05-1848

10/10/05 Appeal filed

06/25/09 Appeal denied

12/10/09 Rehearing denied

12/31/09 Mandate issued

United States Supreme Court – Petition for Writ of Certiorari

USSC# 08-7871

129 S. Ct. 1354

12/06/08 Petition filed

02/23/09 Petition denied

Factors Contributing to the Delay in Imposition of Sentence:

Gore’s 1995 convictions and sentences were overturned by the Florida Supreme Court, and he was retried and resentenced in 1999.

Case Information:

On 08/10/95, Gore filed a Direct Appeal with the Florida Supreme Court, citing multiple errors. However, the FSC focused on Gore’s claims that the prosecutor’s questions and comments during cross-examination of Gore and closing arguments were improper. On 10/01/98, the FSC agreed with Gore’s argument and reversed Gore’s convictions and sentences, remanding the case for retrial.

On 02/12/99, Gore was again convicted on all counts of the indictment, and on 04/19/99, was again sentenced to death.

On 07/27/99, Gore filed a Direct Appeal with the Florida Supreme Court, citing the following errors: double jeopardy protections preclude retrial for the murder and robbery charges; denying motion for mistrial for improper witness questioning; denying a motion for judgment of acquittal; admitting improper collateral crime evidence; finding of the aggravating circumstance of cold, calculated, and premeditated murder; allowing Gore to represent himself during the closing argument of the guilt phase and during the penalty phase of trial; and ineffective assistance of counsel during the penalty phase. On 04/19/01, the FSC affirmed the convictions and sentences.

On 06/18/02, Gore filed a 3.850 Shell Motion with the Circuit Court. On 08/27/02, the Circuit Court granted a State motion to strike the 3.850 Shell Motion.

On 10/21/02, Gore filed a 3.850 Motion Appeal with the Florida Supreme Court. On 03/10/03, the FSC ordered Gore to file an amended 3.850 Motion in the Circuit Court within 60 days.

On 06/01/04, Gore filed a 3.850 Motion with the Circuit Court that was denied on 09/13/05.

On 05/31/05, Gore filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court that was denied on 09/23/05.

On 10/10/05, Gore filed a 3.850 Motion Appeal with the Florida Supreme Court that was denied on 06/25/09.

On 12/06/08, Gore filed a Petition for Writ of Certiorari in the United States Supreme Court that was denied on 02/23/09.

Institutional Adjustment:

DATE DAYS VIOLATION LOCATION

05/25/94 0 DISOBEYING ORDER UNION C. I.

11/19/94 0 DISORDERLY CONDUCT UNION C. I.

10/11/96 0 DISOBEYING ORDER UNION C.I.-MED.FAC.

11/29/96 0 DISRESP.TO OFFICIALS UNION C.I.-MED.FAC.

02/18/97 0 DISOBEYING ORDER UNION C. I.

05/15/97 0 DISRESP.TO OFFICIALS UNION C. I.

05/17/97 0 POSS OF CONTRABAND UNION C. I.

09/02/97 0 SPOKEN THREATS UNION C. I.

12/26/97 0 SPOKEN THREATS UNION C. I.

05/01/98 0 OBSCENE PROFANE ACT UNION C. I.

05/23/98 0 POSS OF CONTRABAND UNION C. I.

06/24/98 0 UNARMED ASSAULT UNION C. I.

06/24/98 0 SPOKEN THREATS UNION C. I.

06/24/98 0 DISRESP.TO OFFICIALS UNION C. I.

06/26/98 0 DISOBEYING ORDER UNION C.I.-MED.FAC.

10/18/98 30 POSS OF CONTRABAND FLORIDA STATE PRISON

11/10/98 180 LYING TO STAFF FLORIDA STATE PRISON

12/16/98 30 POSS OF CONTRABAND FLORIDA STATE PRISON

12/09/00 30 POSS OF CONTRABAND FLORIDA STATE PRISON

12/12/00 30 DEFACING STATE PROP. FLORIDA STATE PRISON

04/29/02 0 FIGHTING UNION C. I.

06/01/02 30 POSS OF CONTRABAND UNION C. I.

06/18/02 180 UNARMED ASSAULT UNION C. I.

02/01/03 30 POSS OF CONTRABAND UNION C. I.

12/13/03 30 DEST. OF ST. PROP. UNION C. I.

04/21/04 180 POSS OF NARCOTICS UNION C. I.

02/21/06 0 POSS OF CONTRABAND UNION C.I.

________________________________________________________________________

Report Date: 10/07/03 JFL

Approved: 10/08/03 WS

Updated: 05/26/10 KKR