11th U.S. Circuit Court of Appeals

Appeals court lifts stay of execution for Miami killer Marshall Lee Gore

 

bbrasch@miamiherald.com

A federal appeals court on Thursday lifted the stay of execution for Miami killer Marshall Lee Gore, whose execution had been scheduled for Monday.

The 11th U.S. Circuit Court of Appeals, based in Atlanta, issued the stay of execution for the 49-year-old murder-rapist hours before he was to receive a lethal injection Monday.

State authorities have yet to set another date for the execution.

In March 1988, Gore, 49, raped, stabbed and strangled 30-year-old Robyn Novick, of Lauderhill.

Gore, a former escort service owner, is also on Death Row for the 1990 murder of Susan Roark, a Tennessee college student, whose body was found in Columbia County.

The defense argued that executing Gore would violate his Eighth Amendment rights, which forbid the state from carrying out a death sentence against a prisoner who is insane.

According to an opinion published by the court, between Monday and Thursday the court examined whether or not Gore’s motion for a stay of execution met all of the criteria it needed. It did not.

Follow @ben_brasch on Twitter.

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