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. 

GORBY, Olen (W/M)

DC#    286008

DOB:   11/27/49

Fourteenth Judicial Circuit, Bay County Case # 90-1189

Sentencing Judge: The Honorable Don T. Sirmons

Attorney, Trial: Paul Komarek – Private

Attorney, Direct Appeal:  David A. Davis – Assistant Public Defender

Attorney, Collateral Appeals:  D. Todd Doss – Registry

Date of Offense:           05/06/90

Date of Sentence:         08/30/91

Circumstances of Offense:

Olen Gorby was living in a homeless shelter at the time of the crime.  The victim, J.A. Raborn, who was handicapped, picked up men from the shelter to do odd jobs around his home. 

Witnesses saw Gorby with Raborn on 05/06/90 and the next day. The victim’s neighbor saw a hand-written note on the door of the home that said that the owner was out of town and would return on 05/08/90.  This note aroused the suspicions of the neighbor, and upon entering the home, she found Raborn dead of head injuries.  Raborn had been struck in the head seven times with a claw hammer.  Raborn’s car and credit cards were missing. 

Gorby’s fingerprint was found on a jar in the victim’s kitchen, and at trial, a handwriting expert testified that he had written the note left on the victim's door.  Further evidence linking Gorby to the murder was the fact that Raborn’s credit cards were used in Florida, Louisiana, and Texas.  Police found the stolen car in Texas, arrested Gorby, and extradited him to Florida. 

Additional Information:

Gorby was paroled from a Texas prison on 04/11/90 for a 1987 burglary conviction.  Gorby has an extensive criminal history, dating back to 1968, with multiple convictions for burglary, robbery, armed robbery, and attempted murder.  Each of these prior crimes was committed in six states under at least a dozen different aliases.

Trial Summary:

06/27/90          Indicted as follows:

Count I First-Degree Murder

Count II Armed Robbery

Count III Grand Theft Auto

Count IV Burglary with Assault

07/02/91          Jury returned guilty verdicts on all counts, but reduced Count II to Robbery

07/05/91          Jury recommended a death sentence by a vote of 9-3

08/30/91          Sentenced as follows:

Count I First-Degree Murder – Death

Count II Armed Robbery – 15 years

Count III Grand Theft Auto – 5 years

Count IV Burglary with Assault – Life Imprisonment

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 79,308

630 So. 2d 544

02/04/92          Appeal filed

12/09/93          FSC affirmed convictions and death sentence

02/08/94          Rehearing denied

03/10/94          Mandate issued

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

USSC# 93-8770

513 U.S. 828

04/20/94          Petition filed

10/03/94          USSC denied Petition

Circuit Court – 3.850 Motion

CC# 90-1189

10/03/95          Motion filed

05/30/97          Motion amended

11/25/98          Circuit Court denied Motion

Florida Supreme Court – 3.850 Motion Appeal

FSC# 95,153

819 So. 2d 664

03/23/99          Appeal filed

04/11/02          FSC affirmed denial of 3.850 Motion

06/11/02          Rehearing denied

07/10/02          Mandate issued

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# SC00-405

819 So. 2d 664

02/28/00          Petition filed

04/11/02          FSC denied Petition

06/11/02          Rehearing denied

07/10/02          Mandate issued

Circuit Court – 3.850 Motion

CC# 90-1189

03/24/03          Motion filed

05/12/03          Circuit Court denied Motion

05/29/03          Rehearing denied

Florida Supreme Court – 3.850 Motion Appeal

FSC# 03-1152

880 So. 2d 1210

06/25/03          Appeal filed

05/13/04          FSC affirmed denial of 3.850 Motion

07/23/04          Rehearing denied

Circuit Court – 3.851 Motion

CC# 90-1189

10/26/04          Motion filed

01/03/05          CC denied Motion

Florida Supreme Court – 3.851 Motion Appeal

FSC# 05-246

934 So. 2d 449

02/04/05          Appeal filed

05/10/06          FSC affirmed the denial of the motion

06/20/06          Rehearing denied

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

USDC# 06-136

06/30/06          Petition filed

10/30/06          USDC dismissed petition

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

USSC# 06-6718

127 S. Ct. 1483

08/04/06          Petition filed

03/05/07          Petition denied

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

USCA# 07-11003

530 F. 3d 1363

03/01/07          Appeal filed

09/02/08          Appeal denied

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

USSC# 08-8114

129 S. Ct. 1592

11/18/08            Petition filed

03/09/09            Petition denied

Circuit Court – 3.851 Motion

CC# 90-1189

02/22/10 Motion filed

06/17/10 Motion denied

07/06/10 Motion for Rehearing and/or Reconsideration

07/12/10 Denial vacated

Florida Supreme Court – 3.851 Motion Appeal

FSC# 10-1954

10/14/10 Appeal filed

Factors Contributing to the Delay in Imposition of Sentence:

The 3.850 Motion was pending from 10/03/95 – 11/25/98, and the 3.850 Appeal was pending from 03/23/99 – 04/11/02.

Case Information:

Gorby filed a Direct Appeal with the Florida Supreme Court on 02/04/92, citing the following errors: denial of a motion for continuance, failure to suppress the identification of Gorby in a police lineup, conflict of interest, improper bolstering of a State witness by the prosecutor, and denial of multiple motions for mistrial.  The FSC affirmed the convictions and sentences on 12/09/93.

Gorby filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 04/20/94 that was denied on 10/03/94.

Gorby filed a 3.850 Motion with the Circuit Court on 10/03/95 that was amended on 05/30/97 and denied on 11/25/98.

Gorby filed a 3.850 Motion Appeal on 03/23/99 and a Petition for Writ of Habeas Corpus on 02/28/00, both of which primarily focused on claims of ineffective assistance of counsel.  On 04/11/02, the FSC affirmed the denial of the 3.850 Motion and denied the Petition for Writ of Habeas Corpus.

Gorby filed a 3.850 Motion with the Circuit Court on 03/24/03 that was denied on 05/12/03. 

Gorby filed a 3.850 Motion Appeal with the Florida Supreme Court on 06/25/03, raising Ring claims.  On 05/13/04, the FSC affirmed the denial of the 3.850 Motion. 

Gorby filed a 3.851 Motion with the Circuit Court on 10/26/04 that was denied on 01/03/05. 

Gorby filed a 3.851 Motion Appeal with the Florida Supreme Court on 02/04/05, raising penalty phase issues.  On 05/10/06, the FSC affirmed the denial of the motion.

Gorby filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Northern District, on 06/30/06 that was dismissed on 10/30/06. 

Gorby filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 08/04/06 that was denied on 03/05/07.

Gorby filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit, on 03/01/07 that was denied on 09/02/08.

Gorby filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 11/18/08 that was denied on 03/09/09.

Gorby filed a 3.851 Motion with the Circuit Court on 02/22/10, which was denied on 06/17/10. On 07/06/10, a Motion for Rehearing and/or Reconsideration was filed. On 07/12/10, the order denying the 3.851 Motion was vacated and a case management conference is to be scheduled.

Gorby filed a 3.851 Motion Appeal with the Florida Supreme Court on 10/14/10. That appeal is pending.

Institutional Adjustment:

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

DATE     DAYS                     VIOLATION                                        LOCATION      

11/10/92      0                         UNARMED ASSAULT                      FLORIDA STATE PRISON

04/21/93      0                         DISORDERLY CONDUCT                  FLORIDA STATE PRISON

05/29/93      0                         FAILURE TO COMPLY                      FLORIDA STATE PRISON

09/30/93      0                         POSS OF UNAUTH BEV. UNION C. I.

10/20/93      0                         POSS OF CONTRABAND                 UNION C. I.

03/29/94      0                         FIGHTING                                             UNION C. I.

11/09/94      0                         REF. SUB. ABUSE TEST                    UNION C. I.

12/07/94      0                         POSS OF CONTRABAND                 UNION C.I.-MED.FAC.

06/20/96      0                         POSS OF UNAUTH BEV. UNION C.I.-MED.FAC.

08/11/98    180                       UNAUTH USE OF DRUGS                UNION C.I.-MED.FAC.

09/13/98      0                         POSS OF CONTRABAND                 UNION C. I.

06/25/00    180                       POSS OF NARCOTICS                       UNION C. I.

11/14/04     30                        DISOBEYING ORDER                         FLORIDA STATE PRISON

01/26/05     60                        DISOBEYING ORDER                         FLORIDA STATE PRISON

01/11/06      0                         DISORDERLY CONDUCT                  FLORIDA STATE PRISON

______________________________________________________________________

Report Date: 05/28/03 JFL

Approved: 07/09/03 WS

Updated: 02/02/11 JJK