The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied 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 PublicDefender
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 werefound in Columbia County, Florida. Forensic investigation determined thatthe body was placed in that location at death, or within two hours followingdeath.
Susan Roark was last seen alive on 01/30/88, in Cleveland,Tennessee, in the presence of Marshall Lee Gore. Gore was waiting at aconvenience store for a friend to pick him up and travel to Florida. Gorestruck up a conversation with Roark and the two left in Roark’s black FordMustang.
Gore arrived in Tampa on 01/31/88, driving a black FordMustang. He convinced a friend to help him pawn several items that werelater determined to have belonged to Roark. Gore then proceeded to Miami,where he abandoned Roark’s car after it was involved in a two-caraccident. Gore’s fingerprint and a Miami police traffic ticket, issued toGore, were found in the car.
Lisa Ingram testified that she was riding in a car with Goreon 02/19/88 when she saw a woman’s purse in the back seat. According toIngram, Gore told her that the purse belonged to “a girl that he had killedlast night.”
Prior Incarceration History in the State of Florida:
Gore had a criminal record in Florida, prior to the Roarkmurder. The following information was provided by the Florida Departmentof 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 HabeasCorpus
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 forWrit 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 Stateproceedings
U.S. District Court, Middle District – Petition forWrit 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 forWrit 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 ofSentence:
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 on05/04/90, citing the following errors: denying a motion to suppress statementsto police; allowing the presentation of collateral crime evidence; denying amotion of continuance to secure defense testimony; denying a motion foracquittal on Kidnapping count; failing to sequester Roark’s stepmother;allowing State to question a defense psychiatrist on Gore’s mental state; andfinding of aggravating circumstances. On 04/16/92, the FSC affirmed theconvictions 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 05/03/94that was denied on 06/04/01.
Gore filed a 3.850 Motion Appeal with the Florida SupremeCourt on 07/10/01, citing claims of ineffective assistance of counsel. On04/17/03, the FSC affirmed the denial of the 3.850 Motion.
Gore filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 03/27/02, citing claims of ineffective assistance ofcounsel. On 04/17/03, the FSC denied the Petition.
Gore filed a Pro Se Petition for Writ of Habeas Corpus withthe U.S. District Court, Middle District, on 10/09/02. On 10/10/02, theUSDC denied the Petition, without prejudice, to allow for the completion ofState proceedings.
Gore filed a Petition for Writ of Habeas Corpus with theU.S. District Court, Middle District, on 09/29/03 and amended the Petition on04/22/05. The USDC denied the petition on 01/31/06.
Gore filed a Petition for Writ of Habeas Corpus with theU.S. Court of Appeals, 11th Circuit, on 03/01/06. The lower courtdecision 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 SupremeCourt on 04/12/07, which was denied on 04/08/10.
On 11/16/07, Gore filed a Petition for Writ of Certiorari inthe 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 FloridaSupreme 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, JohnLipinski – 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 ofOffense: 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 bodyof a white female, identified through dental records as Robyn Novick. Forensic investigation showed that the cause of death was multiple stab woundsto the chest and strangulation.
On 03/11/88, witnesses at the Redlands Tavern saw RobynNovick 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 DavidRestrepo, 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 wantedto 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 flippedseveral times and came to a rest with two flat tires. Gore and Restrepoabandoned the wrecked car. Police found the abandoned car and discoveredcredit cards, a driver license, and cigarette case, all belonging to RobynNovick.
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, andmurder of Susan Roark (Columbia County Case# 88-607) and a sentence of lifeimprisonment for the 03/14/88 kidnapping, sexual battery, and attempted murderof Tina Corolis (Dade County Case# 88-9827).
In 2002, Gore filed a notice with the Circuit Court that hewas incompetent to proceed. The Circuit Court appointed experts forpsychiatric evaluation. On 04/09/04, a competency hearing was held in theCircuit Court and Gore was determined to be competent.
Trial Summary:
03/21/90 Indicted as follows:
Count I First-Degree Murder
Count II ArmedRobbery
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 ArmedRobbery – 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-DegreeMurder – Death
Count II ArmedRobbery – 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 60days
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 HabeasCorpus
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 ofCertiorari
USSC# 08-7871
129 S. Ct. 1354
12/06/08 Petition filed
02/23/09 Petition denied
Factors Contributing to the Delay in Imposition ofSentence:
Gore’s 1995 convictions and sentences were overturned by theFlorida Supreme Court, and he was retried and resentenced in 1999.
Case Information:
On 08/10/95, Gore filed a Direct Appeal with the FloridaSupreme Court, citing multiple errors. However, the FSC focused on Gore’sclaims that the prosecutor’s questions and comments during cross-examination ofGore and closing arguments were improper. On 10/01/98, the FSC agreed withGore’s argument and reversed Gore’s convictions and sentences, remanding thecase for retrial.
On 02/12/99, Gore was again convicted on all counts of theindictment, and on 04/19/99, was again sentenced to death.
On 07/27/99, Gore filed a Direct Appeal with the FloridaSupreme Court, citing the following errors: double jeopardy protectionspreclude retrial for the murder and robbery charges; denying motion formistrial for improper witness questioning; denying a motion for judgment ofacquittal; admitting improper collateral crime evidence; finding of theaggravating circumstance of cold, calculated, and premeditated murder; allowingGore to represent himself during the closing argument of the guilt phase andduring the penalty phase of trial; and ineffective assistance of counsel duringthe penalty phase. On 04/19/01, the FSC affirmed the convictions andsentences.
On 06/18/02, Gore filed a 3.850 Shell Motion with theCircuit Court. On 08/27/02, the Circuit Court granted a State motion tostrike the 3.850 Shell Motion.
On 10/21/02, Gore filed a 3.850 Motion Appeal with theFlorida Supreme Court. On 03/10/03, the FSC ordered Gore to file anamended 3.850 Motion in the Circuit Court within 60 days.
On 06/01/04, Gore filed a 3.850 Motion with the CircuitCourt that was denied on 09/13/05.
On 05/31/05, Gore filed a Petition for Writ of Habeas Corpuswith the Florida Supreme Court that was denied on 09/23/05.
On 10/10/05, Gore filed a 3.850 Motion Appeal with theFlorida Supreme Court that was denied on 06/25/09.
On 12/06/08, Gore filed a Petition for Writ of Certiorari inthe 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 DISOBEYINGORDER UNIONC.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 UNIONC.I.-MED.FAC.
10/18/98 30 POSS OF CONTRABAND FLORIDA STATE PRISON
11/10/98 180 LYING TOSTAFF FLORIDA STATE PRISON
12/16/98 30 POSS OF CONTRABAND FLORIDA STATE PRISON
12/09/00 30 POSS OF CONTRABAND FLORIDASTATE PRISON
12/12/00 30 DEFACING STATE PROP. FLORIDA STATEPRISON
04/29/02 0 FIGHTING UNION C. I.
06/01/02 30 POSS OF CONTRABAND UNION C.I.
06/18/02 180 UNARMEDASSAULT 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