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. 

 

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 – Assistant Public 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 their landlord, Helmut Kuehl, by striking him several times in the head with a claw hammer and choking him with a cord. 

 

Approximately six days before the murder, Gamble told his girlfriend that he was going to “take out” Kuehl.  The day before the murder, Gamble told his girlfriend to pack their belongings because they would be leaving town.  Gamble also rehearsed the murder of Kuehl by using his girlfriend as a simulated victim. 

 

On the day of the murder, Gamble picked up his final paycheck 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 his apartment to get a rent receipt, Love searched the garage for a weapon to use to 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 to the ground.  Gamble then held Kuehl down while Love closed the garage doors.  Love then repeatedly struck Kuehl in the head with the hammer, then wrapped a cord around Kuehl’s neck and began choking him.  After Kuehl was dead, Gamble wrapped the hammer and cord in newspaper and left them lying on the floor.  After cleaning up, Gamble and Love stole Kuehl’s car, picked up their girlfriends, and went to Kentucky Fried Chicken.  After forging and cashing a check on Kuehl’s account for $8,544, Gamble, Love, and their 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 years for the Conspiracy charge and life imprisonment for the Armed Robbery and Murder charges.

 

 Trial Summary:

 

01/01/92          Indicted as follows:

                                    Count I Conspiracy to Commit Armed Robbery

                                    Count II           Armed Robbery

                                    Count III          First-Degree Murder

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           Armed Robbery – Life imprisonment

                                    Count III          First-Degree Murder – 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 Habeas Corpus

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 for Writ 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 for Writ 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 of Sentence:

 

The delay appears to result from the three years between the denial of the Petition for Writ of Certiorari by the USSC (02/20/96) and the filing of the 3.850 Motion in the Circuit Court (09/20/99).

 

Case Information:

 

Gamble filed a Direct Appeal with the Florida Supreme Court on 09/10/93, citing the following errors:  erroneous finding of the cold, calculated, and premeditated murder aggravating circumstance; sentencing that was disproportionate compared to other crimes, excessive, inappropriate, and imposed cruel and unusual punishment; denial of special penalty phase jury instructions; and unconstitutionality of the death penalty.  The FSC affirmed 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 on 09/20/99 that was denied on 01/08/02.

 

Gamble filed a 3.850 Motion Appeal with the Florida Supreme Court on 01/30/02, raising allegations of ineffective assistance of counsel.  On 05/06/04, the FSC affirmed the denial of the 3.850 Motion.  

 

Gamble filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 08/29/02, raising allegations of ineffective assistance of counsel and Ring claims.  On 05/06/04, the FSC denied the Petition.

 

Gamble filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 09/08/04 that was denied on 07/06/05. 

 

Gamble filed a Petition for Writ of Habeas Corpus Appeal with 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 ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.

 

                                                                    

DATE     DAYS                     VIOLATION                                        LOCATION      

 

03/05/02     30                        DISOBEYING ORDER                         UNION C. I.         

 

________________________________________________________________________

 

Report Date:     12/06/01          JFL

Approved:        12/17/01          WS

Updated:          03/16/07          JFL