Gore v. Crews
2013 U.S. App. LEXIS 13453
| 11th Cir. | 2013Background
- Gore was convicted of first-degree murder and armed robbery in Florida and sentenced to death; direct appeal affirmed in 2001.
- Post-conviction relief attempts failed; Ford v. Wainwright claim deemed premature because execution not imminent.
- Governor issued death warrant on May 13, 2013; execution scheduled for June 24, 2013; competency evaluation ordered.
- A three-psychiatry commission found Gore sane to be executed; Governor reinstated execution date on May 30, 2013.
- Gore’s counsel did not seek a Rule 3.811 competency review in state court; federal counsel filed a late habeas petition arguing Martinez excused exhaustion.
- District court dismissed unexhausted Ford claim for lack of exhaustion; granted COA on Martinez issue; this Court granted stay to consider merits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Martinez applicability to Ford claim | Gore argues Martinez creates exhaustion exception for ineffective-assistance at initial-review post-conviction. | State contends Martinez does not apply because Ford claim not trial-counsel-ineffectiveness and not procedurally defaulted. | Martinez does not apply; exhaustion required and unexhausted Ford claim procedurally barred by Martinez limitations. |
| Exhaustion of Ford claim | Rule 3.811 provides state path to challenge competency, so exhaustion possible; no bar exists. | Exhaustion not satisfied in state court; no applicable exceptions apply. | Exhaustion required; unexhausted Ford claim cannot be heard in federal court under § 2254(b). |
| Procedural default and exceptions | Petitioner relies on Martinez and equitable principles to excuse default. | Martinez is inapplicable; no default or actual innocence showing present. | No cause or prejudice or innocence shown; Martinez exception does not apply. |
| COA and pipeline to federal review | District court erred in denying COA on Martinez issue; merits may be debatable. | COA improperly granted; issue foreclosed by statute and precedent. | COA denied; petition dismissed without prejudice; cert. denied stay and petition denied. |
| Stay of execution | Martinez-based relief could permit a stay to pursue exhausted claims. | No basis for stay given unexhausted claim and lack of meritorious argument. | Stay denied; execution stayed only to moot the appeal previously, then vacated. |
Key Cases Cited
- Martinez v. Ryan, 132 S. Ct. 1309 (2012) (limited exception to exhaustion for ineffective assistance of post-conviction counsel)
- Rose v. Lundy, 455 U.S. 509 (1982) (exhaustion requires dismissal of mixed petitions)
- Ward v. Hall, 592 F.3d 1144 (11th Cir. 2010) (federal courts may dismiss unexhausted petitions)
- McQuiggin v. Perkins, 133 S. Ct. 1924 (2013) (equitable exception to AEDPA time limitations for actual innocence)
- Coleman v. Thompson, 501 U.S. 722 (1991) (no right to counsel in state post-conviction proceedings; default rules)