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, David (W/M)
DC# 081008
DOB: 08/21/53
Nineteenth Judicial Circuit, Indian River County Case # 84-00581 & 83-361
(Venue changed to Pinellas County, Sixth Circuit)
Sentencing Judge: The Honorable L.B. Vocelle
Resentencing Judge: The Honorable Dan Vaughn
Attorney, Trial: James T. Long – Private
Attorney, Direct Appeals:
1985: Richard Saliba – Private
1997: Gary Caldwell & Richard B. Greene – Assistant Public Defender
Attorney, Collateral Appeals: John Abatecola – Registry
Date of Offense: 07/26/83
Date of Sentence: 03/16/84
Date of Resentence: 12/08/92
Circumstances of Offense:
David Gore and his cousin, Freddie Waterfield, picked up fourteen-year-old Regan Martin and seventeen-year-old Lynn Elliott, who were hitchhiking to the beach on 07/26/83. Gore and his cousin drove the girls back to his house, took them to his bedroom, handcuffed them each, and then separated them. Gore cut Regan’s clothes off her and sexually assaulted her on three separate occasions. After Gore left Regan, she heard Gore tell Lynn that he would kill her if she did not shut up. Gore had told Regan to be quiet or he would kill her too. Gore then put Regan in a closet, where she heard two or three gunshots. When Gore returned, he put Regan in the attic, where she was later rescued by the police.
A witness testified that a girl (Lynn) ran naked down the driveway of Gore’s home, and Gore, who was also naked, was chasing her. Gore caught Lynn and threw her to the ground, then dragged her to a tree and shot her twice in the head.
Codefendant Information:
Regan Martin testified that she was “pretty sure” that Waterfield left Gore’s house, and she did not see or hear him after the girls arrived at Gore’s house. On 07/25/84, Waterfield, for his involvement in the murder, was sentenced to fifteen years imprisonment on one count of Manslaughter.
Trial Summary:
08/10/83 Indicted as follows:
Count I First-Degree Murder
Count II Kidnapping
Count III Kidnapping
Counts IV-VI Sexual Battery
08/15/83 Entered a plea of not guilty.
01/06/84 Venue changed from Indian River County (19th Circuit) to Pinellas
County (6th Circuit).
03/15/84 Jury recommended the death sentence by an 11-1 vote.
03/16/84 Sentenced as follows:
Count I First-Degree Murder – Death
Counts II-VI Life imprisonment
12/08/92 Resentenced to death. Jury recommended death sentence by a 12-0 vote.
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 65,201
475 So. 2d 1205
04/19/84 Appeal filed
08/22/85 FSC affirmed conviction and death sentence.
10/21/85 Rehearing denied
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 85-6072
475 U.S. 1031
12/18/85 Petition filed
02/24/86 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 84-0581
02/24/88 Motion filed
04/19/88 Circuit Court denied 3.850 Motion
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 72,202
532 So. 2d 1048
04/04/88 Petition filed
08/18/88 FSC denied Petition
11/23/88 Rehearing denied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 72,300
532 So. 2d 1048
04/22/88 Appeal filed
08/18/88 FSC affirmed trial court’s denial of 3.850 motion.
11/23/88 Rehearing denied
U.S. District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 89-203
763 F. Supp. 1110
02/14/89 Petition filed
08/18/89 USDC granted Petition, vacating death sentence
11/01/89 Rehearing denied
U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal (filed by state)
USCA# 89-4026
933 F. 2d 904
11/12/89 Appeal filed
05/29/91 USCA affirmed USDC decision and remanded for resentencing.
07/06/91 Defendant’s rehearing denied
07/23/91 State’s rehearing denied
01/27/92 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari (filed by state)
USSC# 91-669
502 U.S. 1066
10/18/91 Petition filed
01/21/92 USSC denied Petition
Florida Supreme Court – Direct Appeal (after resentencing)
FSC# 80,916
706 So. 2d 1328
12/15/92 Appeal filed
07/17/97 FSC affirmed sentence
03/05/98 Rehearing denied
04/06/98 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 98-5210
525 U.S. 892
07/14/98 Petition filed
10/05/98 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 83-361
09/30/99 Motion filed
01/08/02 Motion amended
11/22/02 Motion amended
06/14/04 CC denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 04-1458
964 So.2d 1257
07/23/04 Appeal filed
07/05/07 FSC affirmed denial of motion
09/26/07 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 05-733
964 So.2d 1257
04/28/05 Petition filed
07/05/07 FSC denied petition
09/26/07 Mandate issued
U.S. District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 07-cv-22637
10/02/07 Petition filed in Middle District
10/09/07 Petition transferred to Southern District
04/11/08 Petition denied
07/22/08 Motion for COA filed
07/29/08 COA denied
United States Court of Appeals, 11th Circuit – Habeas Appeal
USCA #08-14060
07/07/08 Appeal filed
09/12/08 Appeal denied
United States Supreme Court – Petition for Writ of Certiorari
USSC #07-8086
128 S. Ct. 1250
11/28/07 Petition filed
02/19/08 Petition denied
United States Supreme Court – Petition for Writ of Certiorari
USSC # 08-8639
02/06/09 Petition filed
05/18/09 Petition denied
Death Warrant Information:
03/03/88 Governor Martinez signed death warrant
04/28/88 FSC granted a stay of execution
01/31/89 Governor Martinez signed death warrant
02/14/89 USDC granted a stay of execution
Clemency Information:
12/07/87 Clemency hearing held (denied)
Factors Contributing to the Delay in Imposition of Sentence:
The delay in this case appears to rise from the direct appeal after resentencing that was pending from 12/15/92 – 07/17/97 and the 3.850 Motion that was pending from 09/30/99 – 06/14/04.
Case Information:
On 04/19/84, Gore filed a Direct Appeal with the Florida Supreme Court, citing the following errors: errors in voir dire, failing to suppress his confession, admission of two prejudicial photographs, juror interruption of defense’s closing argument, as well as other procedural matters. Gore challenged his death sentence on a number of grounds: failing to provide a list of aggravating circumstances prior to trial, error on jury penalty phase instructions, error in restricting closing arguments, and failure to prove the existence of certain aggravating circumstances. On 08/22/85, the FSC affirmed the conviction and imposition of the death penalty.
Gore filed a petition for Writ of Certiorari with the U.S. Supreme Court on 12/18/85 that was denied on 02/24/86.
Gore filed a 3.850 Motion with the Circuit Court on 02/24/88 that was denied on 04/19/88.
Gore filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 04/04/88 and a 3.850 Motion Appeal on 04/22/88, citing numerous issues; however, only one was commented upon by the FSC: ineffective assistance of counsel in failing to present pertinent non-statutory mitigating evidence that his cousin, Waterfield, exerted an influence over Gore that mitigated his participation in the crime. On 08/18/88, the FSC denied the Petition for Writ of Habeas Corpus and affirmed the Circuit Court’s denial of the 3.850 Motion.
Gore filed a federal Petition for Writ of Habeas Corpus with the U.S. District Court on 02/14/89 that was granted and his death sentence was vacated. Gore raised seventeen issues, but the most important issue was the failure of the trial court to consider non-statutory mitigating evidence. As a result of this, the USDC held that a fundamental error had occurred.
The State filed an appeal with the U.S. Court of Appeals on 11/12/89, and on 05/29/91, the USCA affirmed the decision of the USDC.
The State then filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 10/18/91 that was denied on 01/21/92.
On 12/08/92, Gore was resentenced to death. The jury recommended a death sentence by a vote of 12-0.
On 12/15/92, Gore filed a Direct Appeal with the Florida Supreme Court, citing sixteen errors, nine of which were considered by the FSC: denial of challenges for cause in the jury selection process, misleading the jury to believe that parole was possible, improper finding of an aggravating circumstance (prior violent felony conviction), error in jury instructions, unproven aggravating circumstances (avoid arrest, HAC, CCP), admission of improper testimony from a prosecutor, improper admission of a police officer’s testimony, an unqualified judge to rule over a capital sentencing proceeding, and the resentencing violated a constitutional guarantee of a speedy trial. The FSC upheld the death sentence on 07/17/97.
On 07/14/98, Gore filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 10/05/98.
Gore filed a 3.850 Motion with the Circuit Court on 09/30/99 and amended on 01/08/02 and 11/22/02. The motion was denied on 06/14/04.
Gore filed a 3.850 Motion Appeal with the Florida Supreme Court on 07/23/04, and on 07/05/07, the FSC affirmed the denial of the motion. A mandate was issued on 09/26/07.
Gore filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 04/28/05 that was denied on 07/05/07. The FSC issued a mandate on 09/26/07.
On 10/02/07, Gore filed a Petition for Writ of Habeas Corpus in the USDC Middle District that was transferred to the Southern District on 10/09/07. This petition was denied on 04/11/08.
On 07/07/08, Gore filed a Habeas Appeal in the United States Court of Appeals that was denied on 09/12/08.
On 11/28/07, Gore filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 02/19/08.
On 02/06/09, Gore filed a Petition for Writ of Certiorari with the United States Supreme Court that was denied on 05/18/09.
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Report Date: 08/07/01 JFL
Approved: 11/16/01 WS
Updated: 05/21/09 KLH