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.
KELLEY, William Harold (W/M)
DC# 093417
DOB: 12/08/42
Tenth Judicial Circuit, Highlands County Case# CR81-535
Sentencing Judge: The Honorable E. Randolph Bentley, Jr.
Attorney, Trial: William Kunstler, Jack Edmund – Assistant Public Defender
Attorney, Direct Appeal: Barry Haight, Donald Ferguson – Private
Attorney, Collateral Appeals: Christine R. Davis & David Loftis – Private
Date of Offense: 10/03/66
Date of Sentence: 04/02/84
Circumstances of the Offense:
William Harold Kelley was convicted of the murder of Charles Von Maxcy. He was hired to kill him by Charles Von Maxcy’s wife, Irene Von Maxcy and her lover, John Sweet. On 10/03/66, Charles Von Maxcy was fatally stabbed and shot in his residence by Kelley. Irene Von Maxcy and Sweet planned to live together off of the victim’s inheritance, which was over a million dollars.
After Sweet was released due to insufficient evidence, the case remained dormant for over 10 years. In 1981, Sweet became involved in illegal mob activity in Massachusetts. Upon being questioned by the police, Sweet offered testimony on the murder of Von Maxcy in return for immunity. Kelley’s prosecution was based mainly on this testimony.
Kelley’s first trial ended in a mistrial because the jury was unable to reach a verdict. Kelley’s second trial began in March of 1984 and resulted in a guilty verdict on first-degree murder, with a recommendation for the death penalty.
Codefendant Information:
Sweet was originally indicted and tried for the murder of Charles Von Maxcy. His first trial ended in a mistrial. In the second trial, he was convicted and sentenced to life imprisonment. Irene Von Maxcy later recanted her testimony regarding Sweet’s involvement in the murder, and Sweet’s sentence was reversed on appeal. Irene Von Maxcy served four and a half years for perjury.
Trial Summary:
12/16/81 Indicted as follows:
Count I: First-Degree Murder (Charles Von Maxcy)
03/30/84 Jury returned guilty verdicts on all counts of the indictment.
04/02/84 Jury recommended death by a vote of 8-4.
04/02/84 Sentenced as follows:
Count I: First-Degree Murder (Charles Von Maxcy) – Death
Appeal Summary:
Florida Supreme Court – Direct Appeal
FSC# 65,134
486 So.2d 578 (Fla. 1986)
04/02/84 Appeal filed
04/10/86 FSC affirmed the convictions and sentence
05/19/86 Mandate issued
United States Supreme Court – Petition for Writ of Certiorari
USSC# 86-106
486 So 2d 578
07/09/86 Petition filed
10/06/86 Petition denied
State Circuit Court – 3.850 Motion
CC# CR81-535
11/30/87 Motion filed
09/06/88 Motion denied
Florida Supreme Court – 3.850 Appeal
FSC# 73,088
569 So. 2d 754 (Fla. 1990)
09/08/88 Appeal filed
09/06/90 Denial of 3.850 affirmed
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 77,708
597 So. 2d 262 (Fla. 1992)
04/08/91 Petition filed
03/12/92 Petition denied
05/26/92 Rehearing denied
United States District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 92-14246
222 F. Supp.2d 1357 (2002)
10/02/92 Petition filed
09/19/02 Petition granted, remanded for retrial
United States Court of Appeals – Petition for Writ of Habeas Corpus Appeal
USCA# 03-10513
377 F.3d 1317
08/15/03 Appeal filed
06/23/04 Reversed USDC’s decision granting Habeas petition
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 03-1903
874 So.2d 1192 (Fla. 2004)
10/24/03 Petition filed
05/04/04 Petition denied
State Circuit Court – 3.853 Motion (DNA)
CC# CR81-535
01/18/06 Motion filed
06/06/06 Evidentiary hearing held
06/29/06 Order denying Kelley’s 3.853 Motion.
Florida Supreme Court – 3.853 Appeal
FSC# 06-1574
974 So.2d 1047
08/08/06 Appeal filed
10/25/07 Denial affirmed
11/09/07 Motion for Rehearing filed
02/04/08 Rehearing denied
02/20/08 Mandate issued
State Circuit Court – 3.851 Motion
CC# CR81-535
05/09/07 Motion filed
12/20/07 Motion denied
01/04/08 Motion for Rehearing filed
02/05/08 Rehearing denied
Florida Supreme Court – 3.851 Appeal
FSC# 08-608
3 So.3d 970
03/27/08 Appeal filed
01/22/09 Disposition affirmed, Appeal denied
02/06/09 Motion for Rehearing filed
02/25/09 Rehearing denied
03/13/09 Mandate issued
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 08-1083
3 So.3d 970
06/10/08 Petition filed
01/22/09 Petition denied
02/06/09 Motion for Rehearing filed
02/25/09 Rehearing denied
United States Supreme Court – Petition for Writ of Certiorari
USSC# 09-53
130 S.Ct. 397
07/17/09 Petition filed
10/13/09 Petition denied
Clemency Hearing:
02/10/88 Denied
Factors Contributing to Delay in the Imposition of the Sentence:
It took approximately ten years for the United States District Court to grant Kelley’s Habeas petition. The delay was due to Kelley’s abundant amount of hearings, three changes of attorney and motions to extend time.
Case Information:
Kelley filed his Direct Appeal to the Florida Supreme Court on 04/02/84. Kelley contended that evidence that could have been used in his defense was destroyed five years before his indictment which violated his due procedural rights. Error occurred in allowing a witness to testify about an alleged conversation, failing to answer a question addressed to the court by the jury during its deliberations, and violating his sixth amendment right of effective assistance of counsel. Kelly also contended improper instruction to jurors regarding note-taking, violations of his Miranda rights and that misleading comments were made by the judge during jurors’ deadlock instructions. The Florida Supreme Court affirmed the conviction and sentence on 04/10/86.
On 07/09/86, Kelley filed a petition for Writ of Certiorari to the United States Supreme Court. The petition was denied on 10/06/86.
Kelley filed a 3.850 Motion to the Circuit Court on 11/30/87. On 09/06/88, the motion was denied.
On 09/08/88, Kelley filed a 3.850 Appeal to the Florida Supreme Court, which was denied on 09/06/90.
On 04/08/91, a Petition for Writ of Habeas Corpus was filed to the Florida Supreme Court. On 03/12/92, the petition was denied. A motion for rehearing was denied on 05/26/92.
On 10/02/92, a Petition for Writ of Habeas Corpus was filed to the United States District Court, Southern District. The petition was granted because of numerous nondisclosures of material and exculpatory evidence by the state which was needed to establish Brady violations. The cumulative effect of the Brady violations prejudiced Kelley and warranted a new trial. On 09/19/02, the petition was granted and the case was remanded for a new trial.
On 08/15/03, the State appealed the decision of the United States District Court to the United States Court of Appeals. The Court held that the failure to disclose certain documents did not violate Brady, individually or cumulatively, and therefore reversed the United States District Court’s decision granting habeas petition on 07/23/04.
On 10/24/03, a Petition for Writ of Habeas Corpus was filed to the Florida Supreme Court. The petition was denied on 05/04/04.
On 01/19/06, Kelley filed a 3.853 Motion (DNA) to the Circuit Court. The evidentiary hearing was held on 06/06/06. On 06/29/06, the lower court issued an order, denying Kelley’s 3.853 Motion.
On 08/08/06, Kelley filed a 3.853 Appeal to the Florida Supreme Court. On 10/25/07, the Florida Supreme Court issued an opinion affirming the circuit court’s denial of Kelley’s motion for postconviction DNA testing. Kelley filed a Motion for Rehearing in the Florida Supreme Court on 11/09/07 which was denied on 02/04/08. On 02/20/08, the Florida Supreme Court issued a mandate commanding proceedings be had in accordance with the 10/25/07 opinion.
On 05/09/07, Kelley filed a 3.851 Motion in the State Circuit Court. This motion was denied on 12/20/07. On 01/04/08, Kelley filed a Motion for Rehearing, which was denied on 02/05/08.
On 03/27/08, Kelley filed a 3.851 Appeal to the Florida Supreme Court. On 01/22/09, the Florida Supreme Court affirmed the disposition of the lower court and denied the appeal. On 02/06/09, Kelley filed a Motion for Rehearing, which was denied on 02/25/09. The Florida Supreme Court issued a mandate in this case on 03/13/09.
On 06/10/08, Kelley filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. On 01/22/09, the Florida Supreme Court denied the Habeas Petition. On 02/06/09, Kelley filed a Motion for Rehearing, which was denied on 02/25/09.
On 07/10/09, Kelly filed a Petition for Writ of Certiorari in the United States Supreme Court. This petition was denied on 10/13/09.
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Report Date: 10/08/04 DDK
Approved: 10/08/04 JFL
Updated: 02/02/10 EMJ