Marshall Lee Gore v. State of Florida (SC07-678)

SUMMARY: 7-0 Decision. Defendant, Marshall Lee Gore, is currently on death row following a conviction for first degree murder. Pursuant to Fla. R. Crim. P. 3.853, Mr. Gore filed a pro se motion to demand DNA testing of numerous items found at the crime scene. Because Mr. Gore did not explain how the DNA results of these items would actually exonerate him, the trial court denied his motion. The appeal went directly to the Supreme Court of Florida. The Court affirmed.

The clear requirement of the provisions of section 3.853 is that a movant, in pleading the requirements of rule 3.853, must lay out with specificity how the DNA testing of each item requested to be tested would give rise to a reasonable probability of acquittal or a lesser sentence. In order for the trial court to make the required findings, the movant must demonstrate the nexus between the potential results of DNA testing on each piece of evidence and the issues in the case.

This Court has previously explained that it is the defendant‘s burden to explain, with reference to specific facts about the crime and the items requested to be tested, how the DNA testing will exonerate the defendant of the crime or will mitigate the defendant‘s sentence. The burden is on the movant to demonstrate the nexus between the potential results of DNA testing on each piece of evidence and the issues in the case. This Court has rejected claims where the defendant was merely speculating and has repeatedly cautioned that Rule 3.853 is not intended to be a fishing expedition.Gore has not met his burden and, accordingly, we affirm the trial court‘s denial of DNA testing on the items collected during the investigation of this case.

Commentary: This case appears to involve a frivolous pro se motion from an inmate who has been on death row for nearly 20 years.