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.
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 – AssistantPublic 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 ahomeless shelter at the time of the crime. The victim, J.A. Raborn, who was handicapped, picked up men from the shelterto do odd jobs around his home.
Witnesses saw Gorby with Raborn on 05/06/90 and the next day. The victim’s neighborsaw a hand-written note on the door of the home that said that the owner wasout of town and would return on 05/08/90. This note aroused thesuspicions of the neighbor, and upon entering the home, she found Raborn dead of head injuries. Rabornhad 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 ajar in the victim’s kitchen, and at trial, a handwriting expert testified thathe had written the note left on the victim's door. Further evidencelinking Gorby to the murder was the fact that Raborn’s credit cards were used in Florida, Louisiana, andTexas. Police found the stolen car in Texas, arrested Gorby,and extradited him to Florida.
Additional Information:
Gorby was paroled from a Texasprison on 04/11/90 for a 1987 burglary conviction. Gorbyhas an extensive criminal history, dating back to 1968, with multipleconvictions for burglary, robbery, armed robbery, and attempted murder. Each of these prior crimes was committed in six states under at least a dozendifferent 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 – LifeImprisonment
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 HabeasCorpus
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 forWrit 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 forWrit 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 Motionfiled
06/17/10 Motiondenied
07/06/10 Motionfor Rehearing and/or Reconsideration
07/12/10 Denialvacated
Florida Supreme Court – 3.851 Motion Appeal
FSC# 10-1954
10/14/10 Appealfiled
Factors Contributing to the Delay in Imposition ofSentence:
The 3.850 Motion was pending from 10/03/95 – 11/25/98, andthe 3.850 Appeal was pending from 03/23/99 – 04/11/02.
Case Information:
Gorby filed a Direct Appeal withthe Florida Supreme Court on 02/04/92, citing the following errors: denial of amotion for continuance, failure to suppress the identification of Gorby in a police lineup, conflict of interest, improperbolstering of a State witness by the prosecutor, and denial of multiple motionsfor mistrial. The FSC affirmed the convictions and sentences on 12/09/93.
Gorby filed a Petition for Writ ofCertiorari with the U.S. Supreme Court on 04/20/94 that was denied on 10/03/94.
Gorby filed a 3.850 Motion withthe Circuit Court on 10/03/95 that was amended on 05/30/97 and denied on11/25/98.
Gorby filed a 3.850 Motion Appealon 03/23/99 and a Petition for Writ of Habeas Corpus on 02/28/00, both of whichprimarily focused on claims of ineffective assistance of counsel. On04/11/02, the FSC affirmed the denial of the 3.850 Motion and denied thePetition for Writ of Habeas Corpus.
Gorby filed a 3.850 Motion withthe Circuit Court on 03/24/03 that was denied on 05/12/03.
Gorby filed a 3.850 Motion Appealwith the Florida Supreme Court on 06/25/03, raising Ring claims. On05/13/04, the FSC affirmed the denial of the 3.850 Motion.
Gorby filed a 3.851 Motion withthe Circuit Court on 10/26/04 that was denied on 01/03/05.
Gorby filed a 3.851 Motion Appealwith 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 ofHabeas Corpus with the U.S. District Court, Northern District, on 06/30/06 thatwas dismissed on 10/30/06.
Gorby filed a Petition for Writ ofCertiorari with the U.S. Supreme Court on 08/04/06 that was denied on 03/05/07.
Gorby filed a Petition for Writ ofHabeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit, on 03/01/07that was denied on 09/02/08.
Gorby filed a Petition for Writ ofCertiorari with the U.S. Supreme Court on 11/18/08 that was denied on 03/09/09.
Gorby filed a 3.851 Motion withthe Circuit Court on 02/22/10, which was denied on 06/17/10. On 07/06/10, aMotion for Rehearing and/or Reconsideration was filed. On 07/12/10, the orderdenying the 3.851 Motion was vacated and a case management conference is to bescheduled.
Gorby filed a 3.851 Motion Appealwith the Florida Supreme Court on 10/14/10. That appeal is pending.
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
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. ABUSETEST 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 OFNARCOTICS UNION C. I.
11/14/04 30 DISOBEYINGORDER FLORIDA STATE PRISON
01/26/05 60 DISOBEYINGORDER 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