Supreme Court of Florida

Marshall Lee Gore, Appellant v. State of Florida, Appellee

April 8, 201035 Fla. L. Weekly Supp. 206

Summary

The court affirmed the denial of Gore’s motion for postconviction DNA testing. It held that Gore failed to explain how testing each requested item would create a reasonable probability of acquittal or a lesser sentence, and that his requests were speculative because the items could have originated from sources unrelated to the murder. The court also rejected testing and sample-collection requests connected to another murder investigation because Gore could not show how the requested testing would exonerate him or mitigate his sentence in this case.