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. 

 

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 – Assistant Public 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 up fourteen-year-old Regan Martin and seventeen-year-old Lynn Elliott, who were hitchhiking to the beach on 07/26/83.  Gore and his cousin drove the girls back to his house, took them to his bedroom, handcuffed them each, and then separated them.  Gore cut Regan’s clothes off her and sexually assaulted her on three separate occasions.  After Gore left Regan, she heard Gore tell Lynn that he would kill her if she did not shut up.  Gore had told Regan to be quiet or he would kill her too.  Gore then put Regan in a closet, where she heard two or three gunshots.  When Gore returned, he put Regan in the attic, where she was later rescued by the police. 

 

A witness testified that a girl (Lynn) ran naked down the driveway of Gore’s home, and Gore, who was also naked, was chasing her.  Gore caught Lynn and threw her to the ground, then dragged her to a tree and shot her twice in the head. 

 

Codefendant Information:

 

Regan Martin testified that she was “pretty sure” that Waterfield left Gore’s house, and she did not see or hear him after the girls arrived at Gore’s house. On 07/25/84, Waterfield, for his involvement in the murder, was sentenced to fifteen years imprisonment on one count of Manslaughter.

 

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 Habeas Corpus

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 for Writ 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 for Writ 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 (after resentencing)

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 Habeas Corpus

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 for Writ 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 – Habeas Appeal

USCA #08-14060

 

07/07/08          Appeal filed

09/12/08          Appeal denied

 

United States Supreme Court – Petition for Writ of Certiorari

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 of Sentence:

 

The delay in this case appears to rise from the direct appeal after resentencing that was pending from 12/15/92 – 07/17/97 and the 3.850 Motion that was pending from 09/30/99 – 06/14/04.

 

Case Information:

 

On 04/19/84, Gore filed a Direct Appeal with the Florida Supreme Court, citing the following errors: errors in voir dire, failing to suppress his confession, admission of two prejudicial photographs, juror interruption of defense’s closing argument, as well as other procedural matters.  Gore challenged his death sentence on a number of grounds: failing to provide a list of aggravating circumstances prior to trial, error on jury penalty phase instructions, error in restricting closing arguments, and failure to prove the existence of certain aggravating circumstances.  On 08/22/85, the FSC affirmed the conviction and imposition of the death penalty. 

 

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 02/24/88 that was denied on 04/19/88. 

 

Gore filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 04/04/88 and a 3.850 Motion Appeal on 04/22/88, citing numerous issues; however, only one was commented upon by the FSC: ineffective assistance of counsel in failing to present pertinent non-statutory mitigating evidence that his cousin, Waterfield, exerted an influence over Gore that mitigated his participation in the crime.  On 08/18/88, the FSC denied the Petition for Writ of Habeas Corpus and affirmed the Circuit Court’s denial of the 3.850 Motion.

 

Gore filed a federal Petition for Writ of Habeas Corpus with the U.S. District Court on 02/14/89 that was granted and his death sentence was vacated.  Gore raised seventeen issues, but the most important issue was the failure of the trial court to consider non-statutory mitigating evidence.  As a result of this, the USDC held that a fundamental error had occurred.   

 

The State filed an appeal with the U.S. Court of Appeals on 11/12/89, and on 05/29/91, the USCA affirmed the decision of the USDC.

 

The State then filed a Petition for Writ of Certiorari with the 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 jury recommended a death sentence by a vote of 12-0. 

 

On 12/15/92, Gore filed a Direct Appeal with the Florida Supreme Court, citing sixteen errors, nine of which were considered by the FSC: denial of challenges for cause in the jury selection process, misleading the jury to believe that parole was possible, improper finding of an aggravating circumstance (prior violent felony conviction), error in jury instructions, unproven aggravating circumstances (avoid arrest, HAC, CCP), admission of improper testimony from a prosecutor,  improper admission of a police officer’s testimony, an unqualified judge to rule over a capital sentencing proceeding, and the resentencing violated a constitutional guarantee of a speedy trial.  The FSC upheld the death sentence on 07/17/97. 

 

On 07/14/98, Gore filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 10/05/98.

 

Gore filed a 3.850 Motion with the Circuit Court on 09/30/99 and amended on 01/08/02 and 11/22/02.  The motion was denied on 06/14/04. 

 

Gore filed a 3.850 Motion Appeal with the Florida Supreme Court on 07/23/04, and on 07/05/07, the FSC affirmed the denial of the motion.    A mandate was issued on 09/26/07.

 

Gore filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 04/28/05 that was denied on 07/05/07.  The FSC issued a mandate on 09/26/07.

 

On 10/02/07, Gore filed a Petition for Writ of Habeas Corpus in the USDC Middle District that was transferred to the Southern District on 10/09/07.  This petition was denied on 04/11/08.

 

On 07/07/08, Gore filed a Habeas Appeal in the United States Court of Appeals that was denied on 09/12/08.

 

On 11/28/07, Gore filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 02/19/08.

 

On 02/06/09, Gore filed a Petition for Writ of Certiorari with the United States Supreme Court that was denied on 05/18/09.

 

________________________________________________________________________

 

Report Date:     08/07/01          JFL

Approved:        11/16/01          WS

Updated:          05/21/09          KLH