Date of Offense: 01/31/88

Date of Sentence: 04/03/90

Circumstances of Offense:

On 04/02/88, the skeletonized remains of Susan Roark were found in Columbia County, Florida.  Forensic investigation determined that the body was placed in that location at death, or within two hours following death.

Susan Roark was last seen alive on 01/30/88, in Cleveland, Tennessee, in the presence of Marshall Lee Gore.  Gore was waiting at a convenience store for a friend to pick him up and travel to Florida.  Gore struck up a conversation with Roark and the two left in Roark’s black Ford Mustang.

Gore arrived in Tampa on 01/31/88, driving a black Ford Mustang.  He convinced a friend to help him pawn several items that were later determined to have belonged to Roark.  Gore then proceeded to Miami, where he abandoned Roark’s car after it was involved in a two-car accident.  Gore’s fingerprint and a Miami police traffic ticket, issued to Gore, were found in the car.

Lisa Ingram testified that she was riding in a car with Gore on 02/19/88 when she saw a woman’s purse in the back seat.  According to Ingram, Gore told her that the purse belonged to “a girl that he had killed last night.”

Prior Incarceration History in the State of Florida:

07/28/89          Indicted as follows:

Count I            First-Degree Murder

Count II           Kidnapping

Count III          Armed Robbery

03/14/90          Jury returned guilty verdicts on all counts of the indictment

04/02/90          Jury recommended death by a vote of 11-1

04/03/90          Sentenced as follows:

Count I            First-Degree Murder – Death

Count II           Kidnapping – Life Imprisonment

Gore filed a Direct Appeal with the Florida Supreme Court on 05/04/90, citing the following errors: denying a motion to suppress statements to police; allowing the presentation of collateral crime evidence; denying a motion of continuance to secure defense testimony; denying a motion for acquittal on Kidnapping count; failing to sequester Roark’s stepmother; allowing State to question a defense psychiatrist on Gore’s mental state; and finding of aggravating circumstances.  On 04/16/92, the FSC affirmed the convictions and sentences of Gore. 

Gore filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 09/21/92 that was denied on 11/30/92.

Gore filed a 3.850 Motion with the Circuit Court on 05/03/94 that was denied on 06/04/01.

Gore filed a 3.850 Motion Appeal with the Florida Supreme Court on 07/10/01, citing claims of ineffective assistance of counsel.  On 04/17/03, the FSC affirmed the denial of the 3.850 Motion.

Gore filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 03/27/02, citing claims of ineffective assistance of counsel.  On 04/17/03, the FSC denied the Petition.

Gore filed a Pro Se Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 10/09/02.  On 10/10/02, the USDC denied the Petition, without prejudice, to allow for the completion of State proceedings.

Gore filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Middle District, on 09/29/03 and amended the Petition on 04/22/05.  The USDC denied the petition on 01/31/06.