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.
GAMBLE, Guy (W/M)
DC# 123096
DOB: 08/19/71
Fifth Judicial Circuit, Lake County Case # 91-1676
Sentencing Judge: The Honorable G. Richard Singletary
Attorney, Trial: Mark A. Nacke – Assistant Public Defender
Attorney, Direct Appeal: Michael S. Becker – AssistantPublic Defender
Attorney, Collateral Appeals: Robert Strain &Carol Rodriguez – CCRC-M
Date of Offense: 12/10/91
Date of Sentence: 08/10/93
Circumstances of Offense:
On 12/10/91, Guy Gamble and Michael Love murdered theirlandlord, Helmut Kuehl, by striking him several times in the head with a clawhammer and choking him with a cord.
Approximately six days before the murder, Gamble told hisgirlfriend that he was going to “take out” Kuehl. The day before themurder, Gamble told his girlfriend to pack their belongings because they wouldbe leaving town. Gamble also rehearsed the murder of Kuehl by using hisgirlfriend as a simulated victim.
On the day of the murder, Gamble picked up his finalpaycheck and he and Love went to Kuehl, in the guise of paying rent. Gamble and Love approached Kuehl in his garage, and when Kuehl went to hisapartment to get a rent receipt, Love searched the garage for a weapon to useto kill Kuehl. Love found a claw hammer and placed it on a counter. When Kuehl returned, Gamble picked up the hammer and struck Kuehl, who fell tothe ground. Gamble then held Kuehl down while Love closed the garagedoors. Love then repeatedly struck Kuehl in the head with the hammer,then wrapped a cord around Kuehl’s neck and began choking him. AfterKuehl was dead, Gamble wrapped the hammer and cord in newspaper and left themlying on the floor. After cleaning up, Gamble and Love stole Kuehl’s car,picked up their girlfriends, and went to Kentucky Fried Chicken. Afterforging and cashing a check on Kuehl’s account for $8,544, Gamble, Love, andtheir girlfriends left town.
Codefendant Information:
Love pled guilty to conspiracy to commit Armed Robbery,Armed Robbery, and
First-Degree Murder. He was sentenced to fifteen yearsfor the Conspiracy charge and life imprisonment for the Armed Robbery andMurder charges.
Trial Summary:
01/01/92 Indicted as follows:
Count I Conspiracy to Commit Armed Robbery
Count II ArmedRobbery
Count III First-DegreeMurder
01/22/92 Entered a plea of not guilty
06/25/93 Jury returned guilty verdicts on all counts of the indictment
06/29/93 Jury recommended a death sentence by a vote of 10-2
08/10/93 Sentenced as follows:
Count I Conspiracy to Commit Armed Robbery – 15 years
Count II ArmedRobbery – Life imprisonment
Count III First-DegreeMurder – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 82,334
659 So. 2d 242
09/10/93 Appeal filed
05/25/95 FSC affirmed convictions and sentences
08/23/95 Rehearing denied
09/22/95 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 95-6908
516 U.S. 1122
11/29/95 Petition filed
02/20/96 USSC denied petition
Circuit Court – 3.850 Motion
CC# 91-1676
09/20/99 Motion filed
01/08/02 Circuit Court denied Motion
Florida Supreme Court – 3.850 Motion Appeal
FSC# 02-195
877 So. 2d 706
01/30/02 Appeal filed
05/06/04 FSC affirmed denial of 3.850 Motion
06/25/04 Rehearing denied
07/26/04 Mandate issued
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC# 02-1948
877 So. 2d 706
08/29/02 Petition filed
05/06/04 FSC denied Petition
06/25/04 Rehearing denied
07/26/04 Mandate issued
U.S. District Court, Middle District – Petition forWrit of Habeas Corpus
USDC# 04-405
09/08/04 Petition filed
07/06/05 USDC denied petition
U.S. Court of Appeals, 11th Circuit – Petition forWrit of Habeas Corpus Appeal
USCA# 05-14334
450 F.3d. 1245
08/03/05 Appeal filed
05/31/06 USCA affirmed denial of petition
U.S. Supreme Court – Petition for Writ of Certiorari
USSC# 06-6236
127 S. Ct. 510
08/28/06 Petition filed
10/30/06 USSC denied petition
Factors Contributing to the Delay in Imposition ofSentence:
The delay appears to result from the three years between thedenial of the Petition for Writ of Certiorari by the USSC (02/20/96) and thefiling of the 3.850 Motion in the Circuit Court (09/20/99).
Case Information:
Gamble filed a Direct Appeal with the Florida Supreme Courton 09/10/93, citing the following errors: erroneous finding of the cold,calculated, and premeditated murder aggravating circumstance; sentencing thatwas disproportionate compared to other crimes, excessive, inappropriate, andimposed cruel and unusual punishment; denial of special penalty phase juryinstructions; and unconstitutionality of the death penalty. The FSCaffirmed the convictions and sentences on 05/25/95.
Gamble filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 11/29/95 that was denied on 02/20/96.
Gamble filed a 3.850 Motion with the Circuit Court on09/20/99 that was denied on 01/08/02.
Gamble filed a 3.850 Motion Appeal with the Florida SupremeCourt on 01/30/02, raising allegations of ineffective assistance ofcounsel. On 05/06/04, the FSC affirmed the denial of the 3.850Motion.
Gamble filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 08/29/02, raising allegations of ineffectiveassistance of counsel and Ring claims. On 05/06/04, the FSC denied thePetition.
Gamble filed a Petition for Writ of Habeas Corpus with theU.S. District Court, Middle District, on 09/08/04 that was denied on07/06/05.
Gamble filed a Petition for Writ of Habeas Corpus Appealwith the U.S. Court of Appeals, 11th Circuit, on 08/03/05 that was denied on 05/31/06.
Gamble filed a Petition for Writ of Certiorari with the U.S.Supreme Court on 08/28/06 that was denied on 10/30/06.
Institutional Adjustment:
THE FOLLOWING ENTRIESREFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITEDAND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
03/05/02 30 DISOBEYINGORDER UNION C.I.
________________________________________________________________________
Report Date: 12/06/01 JFL
Approved: 12/17/01 WS
Updated: 03/16/07 JFL