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. 

 

GILLIAM, Burley Jr.(W/M)

DC#     097234

DOB:   08/13/48

 

­Eleventh Judicial Circuit, Dade County Case # 82-14766

Sentencing Judge: The Honorable Theodore G. Mastos

Attorney, Trial: Pro Se, Standby Counsel: Stuart Adelstein & William Surowiec – Private

Attorney, Retrial: Ed Koch – Assistant Public Defender

Attorney, Direct Appeal: Sharon B. Jacobs – Private

Attorney, Direct Appeal (after retrial): Robin H. Greene – Private

Attorney, Collateral Appeals:  Todd Scher – Registry

 

Date of Offense:           06/08/82

Date of Sentence:         02/01/85

Date of Resentence:      08/16/88

 

Circumstances of Offense:

 

Joyce Marlowe was last seen alive on the evening of 06/08/82, in the company of Burley Gilliam, Jr.  Marlowe was a dancer at a strip club where Gilliam went that evening, and she later left the club with him.

 

On the evening of 06/08/82, Sandy Burroughs was fishing on Twin Lakes when he heard a woman screaming.  When he went to investigate the commotion, Burroughs found Gilliam’s truck stuck in the sand, and a “very, very nervous” Gilliam, who kept saying, “I got to get out of here.”

 

Gilliam’s truck did not start after being extracted from the sand, so it was towed to a nearby garage for repairs.  The next day, Burroughs noticed that the lake area where he had found Gilliam was roped off, and when he inquired as to why, police told him that a woman had been raped and murdered there. 

 

Gilliam told police that he and Marlowe were swimming in the lake, when he had accidentally dunked Marlowe under the water for too long, drowning her.  Gilliam also claimed to have unsuccessfully attempted to resuscitate Marlowe.

 

At trial, Gilliam employed an insanity defense, arguing that he committed the rape and murder during an epileptic seizure.  In an effort to substantiate the claim, several of Gilliam’s family members testified to what they believed to be a history of seizures by Gilliam.  Further, a doctor testified that Gilliam’s seizures left him unable to understand the nature and consequences of his actions at the lake, and Gilliam testified that he had no recollection of the events at the lake.       

 

 

Additional Information:

 

During Gilliam’s original trial, he dismissed appointed counsel and was eventually allowed to proceed pro se, with the assistance of standby counsel.

 

 

Trial Summary:

 

07/08/82          Indicted on the following charges:

                                    Count I First-Degree Murder

                                    Count II           Sexual Battery

                                    Count III          Grand Theft

02/01/85          Jury returned guilty verdicts on Counts I and II of the indictment and a not

                        guilty verdict on Count III of the indictment

Jury recommended a death sentence by a vote of 12-0

Sentenced as follows:

                                    Count I First-Degree Murder – Death

                                    Count II           Sexual Battery – Life Imprisonment

 

11/05/87          FSC reversed convictions and sentences and remanded for a new trial

 

06/17/88          Jury returned guilty verdicts on Counts I and II of the indictment

06/20/88          Jury recommended a death sentence by a vote of 12-0

08/16/88          Sentenced as follows:

                                    Count I First-Degree Murder – Death

                                    Count II           Sexual Battery – Life Imprisonment

 

 

Appeal Summary:

 

Florida Supreme Court – Direct Appeal

FSC# 66,850

514 So. 2d 1098

 

04/11/85          Appeal filed

11/05/87          FSC reversed convictions and sentences and remanded for a new trial

 

Florida Supreme Court – Direct Appeal (after resentencing)

FSC# 73,144

582 So. 2d 610

 

10/07/88          Appeal filed

05/02/91          FSC affirmed convictions and sentences

08/06/91          Rehearing denied

09/05/91          Mandate issued

 

 

 

Circuit Court – 3.850 Motion

CC# 82-14766

 

02/25/93          Motion filed

10/13/95          Circuit Court denied motion in part

01/14/97          Circuit Court denied motion in full

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 95,370

817 So. 2d 768

 

04/19/99          3.850 Appeal filed

02/07/02          FSC affirmed denial of 3.850 Motion

06/25/02          Mandate issued

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 00-1438

817 So. 2d 768

 

07/06/00          Petition filed

02/07/02          FSC denied petition

06/25/02          Mandate issued

 

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 03-1122

874 So. 2d 1191

 

06/23/03          Petition filed

05/04/04          FSC denied petition

 

U.S. District Court, Southern District – Petition for Writ of Habeas Corpus

USDC# 03-21717

 

06/24/03          Petition filed

10/28/05          USDC denied petition

 

U.S. Court of Appeals, 11th Circuit – Petition for Writ of Habeas Corpus Appeal

USCA# 05-16638

 

11/23/05          Appeal filed

03/06/07          USCA affirmed denial of petition

 

 

Factors Contributing to the Delay in Imposition of Sentence:

 

Gilliam’s resentencing, the 3.850 Motion that was pending from 02/25/93–01/14/97, and the 3.850 Motion Appeal that was pending from 04/19/99 – 06/25/02 have all contributed to the delay in the case.


Case Information:

 

Gilliam filed a Direct Appeal with the Florida Supreme Court on 04/11/85, citing the following errors:  denial of a right to challenge prospective jurors, failure to hold a competency hearing, failure to suppress evidence from a search, failure to suppress his confession, and failure to strike the medical examiner’s testimony.  On 11/05/87, the FSC found that the denial of Gilliam’s right to challenge prospective jurors constituted reversible error.  Gilliam’s convictions and sentenced were reversed, and the case was remanded to the court for a new trial. 

 

Gilliam was resentenced to death on 08/16/88.

 

Gilliam filed a Direct Appeal with the Florida Supreme Court on 10/07/88, citing the following errors:  denial of a motion to recuse the trial judge; denial of request for post-verdict juror interviews; improper finding of the heinous, atrocious, or cruel murder aggravating circumstance; inclusion of hearsay evidence; failure to enumerate statutory mitigating evidence in the trial judge’s sentencing order; and imposing a more serious sentence during resentencing.  On 05/02/91, the FSC affirmed Gilliam’s convictions and sentences. 

 

Gilliam filed a 3.850 Motion with the Circuit Court on 02/25/93 that was denied in part on 10/13/95.  The court denied all claims except Gilliam’s ineffective assistance of counsel claim and ordered an evidentiary hearing to be held.  On 01/14/97, the court denied the remaining claim of the Motion.

 

Gilliam filed a 3.850 Motion Appeal on 04/19/99 and a Petition for Writ of Habeas Corpus on 07/06/00, both with the Florida Supreme Court.  In the 3.850 Appeal, Gilliam raised twenty-two issues, and in the Petition for Writ of Habeas Corpus, Gilliam raised four issues dealing with ineffective assistance of counsel.  On 02/07/02, the FSC affirmed the denial of the 3.850 Motion and denied the Petition for Writ of Habeas Corpus.

 

Gilliam filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 06/23/03, raising Ring issues.  On 05/04/04, the FSC denied the Petition.

 

Gilliam filed a Petition for Writ of Habeas Corpus with the U.S. District Court, Southern District, on 06/24/03 that was denied on 10/28/05.

 

Gilliam filed a Petition for Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11th Circuit, on 11/23/05.  On 03/06/07, the USCA affirmed the denial of the petition. 

 


Institutional Adjustment:

 

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

 

09/14/91                 0                              DISORDERLY CONDUCT                  FLORIDA STATE PRISON

 

 

Report Date:     05/29/03          JFL

Approved:        07/09/03          WS

Updated:          05/16/07          JFL