The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.
ELLEDGE, William D. (W/M)
Seventeenth Judicial Circuit, Broward County Case # 75-0087
Sentencing Judge: The Honorable M. Daniel Futch, Jr.
Attorney, Trial: Robert S. McCain – Private
Attorney, Direct Appeals:
(1977): Daniel T. O’Connell – Assistant Public Defender
(1981): Craig S. Barnard, Jerry L. Schwarz, Richard B. Greene, Assistant Public
(1993): Eric M. Cumfer & Richard B. Greene – Assistant Public Defenders
(1998): Richard B. Greene – Assistant Public Defender
Attorney, Collateral Appeals: Hilliard Moldolf – Registry
Date of Offense: 08/24/74
Date of Sentence: 03/27/75
Dates of Resentence: 08/03/77, 08/28/89, 02/04/94
Circumstances of Offense:
Elledge rented an efficiency
apartment at the Normandy Hotel in
According to Elledge, Strack sexually teased him, but she refused to participate in sexual intercourse. Elledge began to strangle Strack while having intercourse with her. After fifteen minutes, Elledge realized that she was dead.
Elledge dragged the body out of the room and threw it down the back porch stairs. He then dragged the body to Strack’s car, drove it to a church parking lot, and dumped the nearly nude body in the parking lot. The body had a pair of panties around the ankles and had been bound around the ankles with an electric cord.
Elledge is also serving two life sentences for the murders
of Edward Gaffney in
03/17/75 Pleaded guilty to charges of Rape and First-Degree Murder.
03/18/75 Jury recommended sentence of death by a vote of 11-1.
03/27/75 Sentenced to 50 years for Rape and death for First-Degree Murder.
08/03/77 Resentenced to death. The jury recommended a death sentence by majority vote.
08/28/89 Resentenced to death. The jury recommended a death sentence by a vote of 8-4.
02/04/94 Resentenced to death. The jury recommended a death sentence by a vote of 9-3.
346 So. 2d 998
04/21/75 Appeal filed
04/07/77 FSC upheld conviction, but vacated sentence
06/30/77 Rehearing denied
408 So. 2d 1021
08/22/77 Appeal filed
10/22/81 FSC affirmed death sentence
02/24/82 Rehearing denied
05/25/82 Petition filed
11/01/82 USSC denied Petition
Circuit Court – 3.850 Motion
03/09/83 Motion filed
03/10/83 Circuit Court denied Motion
FSC# 63,388 & 63,344
432 So. 2d 35
03/03/83 Petitions filed
03/11/83 Appeal filed
04/14/83 FSC denied Petitions and affirmed denial of 3.850 Motion
06/22/83 Rehearing denied
03/09/83 Petition filed
09/05/85 USDC denied Petition
02/07/86 Rehearing denied
09/23/83 Petition filed
11/14/83 USSC denied Petition
823 F. 2d 1439
03/06/86 Appeal filed
07/20/87 USCA vacated death sentence
11/10/87 Rehearing denied
04/21/88 Mandate issued
01/23/88 Petition filed
04/18/88 USSC denied Petition
613 So. 2d 434
09/25/89 Appeal filed
01/14/93 FSC vacated death sentence
03/05/93 Rehearing denied
04/05/93 Mandate issued
706 So. 2d 1340
03/09/94 Appeal filed
09/18/97 FSC affirmed sentence
03/05/98 Rehearing denied
04/06/98 Mandate issued
07/23/98 Petition filed
10/13/98 USSC denied Petition
Circuit Court – 3.850 Motion
09/23/99 Motion filed
03/27/00 Motion amended
06/01/01 Motion amended
04/03/03 Trial Court denied Motion
911 So. 2d 57
07/07/03 Appeal filed
06/09/05 FSC affirmed denial of Motion
09/19/05 Mandate issued
911 So. 2d 57
06/10/04 Petition filed
06/09/05 FSC denied Petition
09/19/05 Mandate issued
11/28/05 Petition filed
01/23/06 USSC denied petition
04/28/06 Petition filed
Death Warrant Information:
02/15/83 Governor Graham signed death warrant
03/10/83 Stay of execution granted by USDC
01/25/83 Clemency hearing held (denied)
Factors Contributing to the Delay in Imposition of Sentence:
The delay in the imposition of sentence appears to result from the multiple resentencings of Elledge and the resulting necessary court time to resolve legal issues and have a new sentencing phase of the trial. The most current delay arises from the 3.850 Motion that was pending from 09/23/99 – 04/03/03.
Elledge filed a Direct Appeal with the Florida Supreme Court on 04/21/75, citing multiple issues, but the only issue acknowledged by the court as significant was whether the trial court erred in allowing testimony concerning two other murders committed by Elledge after the Strack murder. The FSC upheld the conviction, but vacated the death sentence of Elledge.
Elledge filed a Direct Appeal with the Florida Supreme Court on 08/22/77, citing five issues: testimony of other murders violated the previous ruling of the FSC, the jury was prejudiced by Elledge’s appearance in leg irons for sentencing, one aggravating circumstance was unsupported by the evidence, improper negation of a mitigating circumstance, and improper jury instruction that limited consideration of non-statutory mitigating circumstances. The FSC affirmed the death sentence on 10/22/81.
Elledge filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/25/82 that was denied on 11/01/82.
Governor Graham signed a death warrant on 02/15/83, but the execution was stayed by the USDC on 03/10/83.
Elledge filed a 3.850 Motion with the Circuit Court on 03/09/83 that was denied on 03/10/83.
Elledge filed a 3.850 Motion Appeal and Petitions for Writ of Habeas Corpus and Quo Warranto with the Florida Supreme Court on 03/03/83 and 03/11/83, which were consolidated. Elledge’s Appeal and Petition revolved around claims of improperly admitted confession and guilty plea, as well as ineffective assistance of counsel. The FSC denied the 3.850 Motion Appeal and Petitions on 04/14/83.
Elledge filed a federal Petition for Writ of Habeas Corpus with the U.S. District Court on 03/09/83 that was denied on 09/05/85.
Elledge filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 09/23/83 that was denied on 11/14/83.
On 03/06/86, Elledge filed an Appeal with the U.S. Court of Appeal for the Habeas Petition that was denied by the USDC. The USCA vacated the judgment of the USDC and on 07/20/87 ordered Elledge to be resentenced.
The State of
Elledge filed a Direct Appeal with the Florida Supreme Court on 09/25/89, citing thirty issues in the appeal. The FSC vacated the death sentence on 01/14/93.
Elledge filed a Direct Appeal with the Florida Supreme Court on 03/09/94, citing twenty-seven issues in the appeal. The FSC affirmed the sentence on 09/18/97.
Elledge filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 07/23/98 that was denied on 10/13/98.
Elledge filed a 3.850 Motion with the Circuit Court on 09/23/99 and amended the Motion on 03/27/00 and 06/01/01. The Circuit Court denied the Motion on 04/03/03.
Elledge filed a 3.850 Motion Appeal with the Florida Supreme Court on 07/07/03, citing allegations of Brady and Giglio violations and ineffective assistance of counsel. On 06/09/05, the FSC affirmed the denial of the Motion.
Elledge filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 06/10/04, citing Ring issues and allegations of ineffective assistance of counsel. On 06/09/05, the FSC denied the Petition.
Elledge filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 11/28/05 that was denied on 01/23/06.
Elledge filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District on 04/28/06 that is pending.
On 04/22/08, Elledge died of natural causes.
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE
FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
03/04/76 30 UNKNOWN CENTRAL OFFICE
DEST. OF STATE PROP.
POSS OF NEGOTIABLES
10/06/81 0 POSS OF ESCAPE PARA. CENTRAL OFFICE
01/22/82 30 SPOKEN THREATS CENTRAL OFFICE
04/13/82 0 DEST. OF STATE PROP. CENTRAL OFFICE
04/14/82 0 DISRESP.TO OFFICIALS CENTRAL OFFICE
04/14/82 0 DISOBEYING ORDER CENTRAL OFFICE
10/13/82 0 DISOBEYING ORDER CENTRAL OFFICE
01/21/83 0 DISOBEYING ORDER CENTRAL OFFICE
07/02/84 0 DISOBEYING ORDER FSP - WORK CAMP
01/14/96 0 DISORDERLY CONDUCT UNION C. I.
03/21/98 0 DISRESP.TO OFFICIALS UNION C. I.
04/27/99 0 DISOBEYING ORDER UNION C. I.
01/07/00 0 POSS OF CONTRABAND UNION C. I.
05/09/02 0 POSS OF CONTRABAND UNION C. I.
Report Date: 06/15/01 JFL
Approved: 09/24/01 WS
Updated: 05/01/08 KLH