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 – Assistant Public 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 a homeless shelter at the time of the crime.  The victim, J. A. Raborn, who was handicapped, picked up men from the shelter to do odd jobs around his home.

Witnesses saw Gorby with Raborn on 05/06/90 and the next day, the victim’s neighbor saw a hand-written note on the door of the home that said that the owner was out of town and would return on 05/08/90. 

This note aroused the suspicions of the neighbor, and upon entering the home, she found Raborn dead of head injuries.  Raborn had 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 a jar in the victim’s kitchen, and at trial, a handwriting expert testified that he had written the note left on the victim's door. 

Further evidence linking Gorby to the murder was the fact that Raborn’s credit cards were used in Florida, Louisiana, and Texas.  Police found the stolen car in Texas, arrested Gorby, and extradited him to Florida.

Additional Information:

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

Gorby filed a Direct Appeal with the Florida Supreme Court on 02/04/92, citing the following errors: denial of a motion for continuance, failure to suppress the identification of Gorby in a police lineup, conflict of interest, improper bolstering of a State witness by the prosecutor, and denial of multiple motions for mistrial.  The FSC affirmed the convictions and sentences on 12/09/93.

Gorby filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 04/20/94 that was denied on 10/03/94.

Gorby filed a 3.850 Motion with the Circuit Court on 10/03/95 that was amended on 05/30/97 and denied on 11/25/98.

Gorby filed a 3.850 Motion Appeal on 03/23/99 and a Petition for Writ of Habeas Corpus on 02/28/00, both of which primarily focused on claims of ineffective assistance of counsel.  On 04/11/02, the FSC affirmed the denial of the 3.850 Motion and denied the Petition for Writ of Habeas Corpus.

Gorby filed a 3.850 Motion with the Circuit Court on 03/24/03 that was denied on 05/12/03.  A Rehearing Motion was denied on 05/29/03.

Gorby filed a 3.850 Motion Appeal with the Florida Supreme Court on 06/25/03, raising Ring claims.  On 05/13/04, the FSC affirmed the denial of the 3.850 Motion.

Gorby filed a 3.851 Motion with the Circuit Court on 10/26/04 that was denied on 01/03/05.