Olen Clay Gorby

Case record: Olen Clay Gorby

Background

Olen Clay Gorby was born on 11/27/49 and was living in a homeless shelter at the time of the crime.

Gorby had 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.

Gorby was paroled from a Texas prison on 04/11/90 for a 1987 burglary conviction.

The offence

The victim was J. A. Raborn, who was handicapped.

Raborn picked up men from the shelter to do odd jobs around his home. Witnesses saw Gorby with Raborn on 05/06/90.

The next day, a 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. The neighbor entered the home and 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.

Raborn’s credit cards were used in Florida, Louisiana, and Texas.

Investigation

A handwriting expert testified at trial that Gorby had written the note left on the victim’s door.

Gorby’s fingerprint was found on a jar in the victim’s kitchen.

Police found the stolen car in Texas, arrested Gorby, and extradited him to Florida.

Arrest

Gorby was arrested in Texas after police found the stolen car in Texas, and he was extradited to Florida.

Trial

On 06/27/90, Gorby was indicted on:

• Count I: First-Degree Murder
• Count II: Armed Robbery
• Count III: Grand Theft Auto
• Count IV: Burglary with Assault

Trial dates shown in the record included 07/02/91, when the jury returned guilty verdicts on all counts, but reduced Count II to Robbery.

On 07/05/91, the jury recommended a death sentence by a vote of 9-3.

Sentencing occurred on 08/30/91.

Parties and representation

The sentencing judge was The Honorable Don T. Sirmons.

The trial attorney was Paul Komarek – Private Attorney.

The direct appeal attorney was David A. Davis – Assistant Public Defender Attorney.

The collateral appeals attorney was D. Todd Doss – Registry.

Sentencing

On 08/30/91, Gorby was sentenced as follows:

• Count I (First-Degree Murder): Death
• Count II (Armed Robbery, reduced to Robbery): 15 years
• Count III (Grand Theft Auto): 5 years
• Count IV (Burglary with Assault): Life Imprisonment

Appeals

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 Florida Supreme Court 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. The petition was denied on 10/03/94.

Gorby filed a 3.850 Motion with the Circuit Court on 10/03/95, which 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, primarily focusing on claims of ineffective assistance of counsel.

On 04/11/02, the Florida Supreme Court affirmed the denial of the 3.850 Motion and denied the Petition for Writ of Habeas Corpus.

Gorby filed another 3.850 Motion with the Circuit Court on 03/24/03, which 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 Florida Supreme Court affirmed the denial of the 3.850 Motion.

Gorby filed a 3.851 Motion with the Circuit Court on 10/26/04, which 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 Florida Supreme Court affirmed the denial of the motion.

Outcome

Gorby was sentenced to death on 08/30/91.

Timeline

• 05/06/90 — Witnesses saw Gorby with Raborn
• 04/11/90 — Gorby was paroled from a Texas prison for a 1987 burglary conviction
• 05/06/90 — Gorby was living in a homeless shelter at the time of the crime
• 05/08/90 — Owner was stated to return on this date in a hand-written note found on the victim’s door
• 06/27/90 — Gorby was indicted for First-Degree Murder, Armed Robbery, Grand Theft Auto, and Burglary with Assault
• 07/02/91 — Jury returned guilty verdicts on all counts; Count II was reduced to Robbery
• 07/05/91 — Jury recommended a death sentence by a vote of 9-3
• 08/30/91 — Gorby was sentenced (Death for Count I; 15 years; 5 years; Life imprisonment)
• 02/04/92 — Gorby filed a Direct Appeal with the Florida Supreme Court
• 12/09/93 — Florida Supreme Court affirmed the convictions and sentences
• 04/20/94 — Gorby filed a Petition for Writ of Certiorari with the U.S. Supreme Court
• 10/03/94 — The U.S. Supreme Court denied certiorari
• 10/03/95 — Gorby filed a 3.850 Motion with the Circuit Court
• 05/30/97 — The 3.850 Motion was amended
• 11/25/98 — The 3.850 Motion was denied
• 03/23/99 — Gorby filed a 3.850 Motion Appeal
• 02/28/00 — Gorby filed a Petition for Writ of Habeas Corpus
• 04/11/02 — Florida Supreme Court affirmed denial of the 3.850 Motion and denied the Petition for Writ of Habeas Corpus
• 03/24/03 — Gorby filed a 3.850 Motion with the Circuit Court
• 05/12/03 — The 3.850 Motion was denied
• 05/29/03 — A Rehearing Motion was denied
• 06/25/03 — Gorby filed a 3.850 Motion Appeal with the Florida Supreme Court
• 05/13/04 — Florida Supreme Court affirmed the denial of the 3.850 Motion
• 10/26/04 — Gorby filed a 3.851 Motion with the Circuit Court
• 01/03/05 — The 3.851 Motion was denied
• 02/04/05 — Gorby filed a 3.851 Motion Appeal with the Florida Supreme Court
• 05/10/06 — Florida Supreme Court affirmed the denial of the motion

Other details

Gorby’s case information included: Fourteenth Judicial Circuit, Bay County; Case # 90-1189.

The record included:

• United States Court of Appeals for the Eleventh Circuit opinion 07-11003
• Supreme Court of Florida opinion 79308
• SC95153, SC00-405
• DC# 286008
• DOB: 11/27/49

Additional trial facts included in the record

The victim’s neighbor found Raborn dead of head injuries after seeing the note and entering the home.

A jar in the victim’s kitchen had Gorby’s fingerprint.

The record included that Gorby’s fingerprint and handwriting evidence linked him to the note and the victim’s premises.