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, 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 – AssistantPublic 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 upfourteen-year-old Regan Martin and seventeen-year-old Lynn Elliott, who werehitchhiking to the beach on 07/26/83. Gore and his cousin drove the girlsback to his house, took them to his bedroom, handcuffed them each, and thenseparated them. Gore cut Regan’s clothes off her and sexually assaultedher on three separate occasions. After Gore left Regan, she heard Goretell Lynn that he would kill her if she did not shut up. Gore had toldRegan to be quiet or he would kill her too. Gore then put Regan in acloset, where she heard two or three gunshots. When Gore returned, he putRegan in the attic, where she was later rescued by the police.
A witness testified that a girl (Lynn) ran naked down the drivewayof Gore’s home, and Gore, who was also naked, was chasing her. Gorecaught Lynn and threw her to the ground, then dragged her to a tree and shother twice in the head.
Codefendant Information:
Regan Martin testified that she was “pretty sure” thatWaterfield left Gore’s house, and she did not see or hear him after the girlsarrived at Gore’s house. On 07/25/84, Waterfield, for his involvement in themurder, was sentenced to fifteen years imprisonment on one count ofManslaughter.
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 HabeasCorpus
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 forWrit 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 forWrit 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 (afterresentencing)
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 HabeasCorpus
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 forWrit 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 – HabeasAppeal
USCA #08-14060
07/07/08 Appeal filed
09/12/08 Appeal denied
United States Supreme Court – Petition for Writ ofCertiorari
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 ofSentence:
The delay in this case appears to rise from the directappeal after resentencing that was pending from 12/15/92 – 07/17/97 and the3.850 Motion that was pending from 09/30/99 – 06/14/04.
Case Information:
On 04/19/84, Gore filed a Direct Appeal with the FloridaSupreme Court, citing the following errors: errors in voir dire, failing tosuppress his confession, admission of two prejudicial photographs, jurorinterruption of defense’s closing argument, as well as other proceduralmatters. Gore challenged his death sentence on a number of grounds:failing to provide a list of aggravating circumstances prior to trial, error onjury penalty phase instructions, error in restricting closing arguments, andfailure to prove the existence of certain aggravating circumstances. On08/22/85, the FSC affirmed the conviction and imposition of the deathpenalty.
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 02/24/88that was denied on 04/19/88.
Gore filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 04/04/88 and a 3.850 Motion Appeal on 04/22/88, citingnumerous issues; however, only one was commented upon by the FSC: ineffectiveassistance of counsel in failing to present pertinent non-statutory mitigatingevidence that his cousin, Waterfield, exerted an influence over Gore thatmitigated his participation in the crime. On 08/18/88, the FSC denied thePetition for Writ of Habeas Corpus and affirmed the Circuit Court’s denial ofthe 3.850 Motion.
Gore filed a federal Petition for Writ of Habeas Corpus withthe U.S. District Court on 02/14/89 that was granted and his death sentence wasvacated. Gore raised seventeen issues, but the most important issue wasthe failure of the trial court to consider non-statutory mitigatingevidence. As a result of this, the USDC held that a fundamental error hadoccurred.
The State filed an appeal with the U.S. Court of Appeals on11/12/89, and on 05/29/91, the USCA affirmed the decision of the USDC.
The State then filed a Petition for Writ of Certiorari withthe 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 juryrecommended a death sentence by a vote of 12-0.
On 12/15/92, Gore filed a Direct Appeal with the FloridaSupreme Court, citing sixteen errors, nine of which were considered by the FSC:denial of challenges for cause in the jury selection process, misleading thejury to believe that parole was possible, improper finding of an aggravatingcircumstance (prior violent felony conviction), error in jury instructions,unproven aggravating circumstances (avoid arrest, HAC, CCP), admission ofimproper testimony from a prosecutor, improper admission of a police officer’stestimony, an unqualified judge to rule over a capital sentencing proceeding,and the resentencing violated a constitutional guarantee of a speedytrial. The FSC upheld the death sentence on 07/17/97.
On 07/14/98, Gore filed a Petition for Writ of Certiorariwith the U.S. Supreme Court that was denied on 10/05/98.
Gore filed a 3.850 Motion with the Circuit Court on 09/30/99and amended on 01/08/02 and 11/22/02. The motion was denied on06/14/04.
Gore filed a 3.850 Motion Appeal with the Florida SupremeCourt on 07/23/04, and on 07/05/07, the FSC affirmed the denial of themotion. A mandate was issued on 09/26/07.
Gore filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 04/28/05 that was denied on 07/05/07. The FSCissued a mandate on 09/26/07.
On 10/02/07, Gore filed a Petition for Writ of Habeas Corpusin the USDC Middle District that was transferred to the Southern District on10/09/07. This petition was denied on 04/11/08.
On 07/07/08, Gore filed a Habeas Appeal in the United StatesCourt of Appeals that was denied on 09/12/08.
On 11/28/07, Gore filed a Petition for Writ of Certiorariwith the U.S. Supreme Court that was denied on 02/19/08.
On 02/06/09, Gore filed a Petition for Writ of Certiorariwith 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