Gore v. State

Marshall Lee Gore, a prisoner under sentence of death, appeals the circuit court’s order denying his motion for post-conviction DNA testing, which was filed pursuant to Florida Rule of Criminal Procedure 3.853. Because the order concerns postconviction relief from a sentence of death, this Court has jurisdiction of the appeal under article V, section 3(b)(1), of the Florida Constitution.

FACTS

The facts of the case are set forth in this Court’s 1992 opinion affirming Gore’s convictions and sentence:

Susan Roark was last seen alive on January 30, 1988, in Cleveland, Tennessee, in the company of…