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:
Gorby was paroled from a Texas
prison on 04/11/90 for a 1987 burglary conviction. Gorby has an
extensive criminal history, dating back to 1968, with multiple
convictions for burglary, robbery, armed robbery, and attempted murder.
Each of these prior crimes was committed in six states under at least a
dozen different aliases.
Trial Summary:
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
Count IV Burglary with
Assault – Life Imprisonment
Case Information:
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.
Gorby filed a 3.851 Motion Appeal with the Florida Supreme Court on
02/04/05, raising penalty phase issues. On 05/10/06, the FSC
affirmed the denial of the motion.
FloridaCapitalCases.state.fl.us
