The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes.
ELLEDGE, William D. (W/M)
DC# 046625
DOB: 06/27/50
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
Defenders
(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 efficiencyapartment at the Normandy Hotel in Hollywood, Florida on 08/24/74. On the afternoon of the 24th, Elledgevisited a bar, where he met the victim, Margaret Strack. After drinking and talking for about an hour, the two went to Elledge’s room at the Normandy Hotel, where they smokedmarijuana.
According to Elledge, Strack sexually teased him, but she refused to participatein sexual intercourse. Elledge began tostrangle Strack while having intercourse withher. After fifteen minutes, Elledge realizedthat she was dead.
Elledge dragged the body out ofthe room and threw it down the back porch stairs. He then dragged thebody to Strack’s car, drove it to a church parkinglot, and dumped the nearly nude body in the parking lot. The body had a pair ofpanties around the ankles and had been bound around the ankles with an electriccord.
Additional Information:
Elledge is also serving two life sentences for the murdersof Edward Gaffney in Broward County (Case# 74-3157) and Paul Nelson in Duval County(Case# 74-3811). The Gaffney and Nelson murders were committed on thesame weekend as the Strack murder.
Trial Summary:
03/17/75 Pleaded guilty to charges of Rape andFirst-Degree Murder.
03/18/75 Jury recommended sentence of death by a voteof 11-1.
03/27/75 Sentenced to 50 years for Rape and death forFirst-Degree Murder.
08/03/77 Resentenced to death. The juryrecommended a death sentence by majority vote.
08/28/89 Resentenced to death. The jury recommended a death sentence by a vote of8-4.
02/04/94 Resentenced to death. The juryrecommended a death sentence by a vote of 9-3.
Appeal Summary:
FloridaSupreme Court – Direct Appeal
FSC# 48,081
346 So. 2d 998
04/21/75 Appeal filed
04/07/77 FSC upheld conviction, but vacated sentence
06/30/77 Rehearing denied
FloridaSupreme Court – Direct Appeal (After Resentencing)
FSC# 52,272
408 So. 2d 1021
08/22/77 Appeal filed
10/22/81 FSC affirmed death sentence
02/24/82 Rehearing denied
U.S.Supreme Court – Petition for Writ of Certiorari
USSC# 81-6813
459 U.S. 981
05/25/82 Petition filed
11/01/82 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 75-0087
03/09/83 Motion filed
03/10/83 Circuit Court denied Motion
FloridaSupreme Court – 3.850 Appeal & Petition for Writ of Habeas Corpus
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 of3.850 Motion
06/22/83 Rehearing denied
U.S.District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 83-6176
03/09/83 Petition filed
09/05/85 USDC denied Petition
02/07/86 Rehearing denied
U.S.Supreme Court – Petition for Writ of Certiorari
USSC# 83-5463
464 U.S. 986
09/23/83 Petition filed
11/14/83 USSC denied Petition
U.S.Court of Appeal, 11th Circuit – Petition for Writ of Habeas CorpusAppeal
USCA# 86-5120
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
U.S.Supreme Court – Petition for Writ of Certiorari (filed by State)
USSC# 87-1234
485 U.S. 1014
01/23/88 Petition filed
04/18/88 USSC denied Petition
FloridaSupreme Court – Direct Appeal (After Resentencing)
FSC# 74,789
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
FloridaSupreme Court – Direct Appeal (After Resentencing)
FSC# 83,321
706 So. 2d1340
03/09/94 Appeal filed
09/18/97 FSC affirmed sentence
03/05/98 Rehearing denied
04/06/98 Mandate issued
U.S.Supreme Court – Petition for Writ of Certiorari
USSC# 98-5410
525 U.S. 944
07/23/98 Petition filed
10/13/98 USSC denied Petition
Circuit Court – 3.850 Motion
CC# 75-0087
09/23/99 Motion filed
03/27/00 Motion amended
06/01/01 Motion amended
04/03/03 Trial Court denied Motion
FloridaSupreme Court – 3.850 Motion Appeal
FSC# 03-1201
911 So. 2d 57
07/07/03 Appeal filed
06/09/05 FSC affirmed denial of Motion
09/19/05 Mandate issued
FloridaSupreme Court – Petition for Writ of Habeas Corpus
FSC# 04-998
911 So. 2d 57
06/10/04 Petition filed
06/09/05 FSC denied Petition
09/19/05 Mandate issued
U.S.Supreme Court – Petition for Writ of Certiorari
USSC# 05-8002
126 S. Ct. 1173
11/28/05 Petition filed
01/23/06 USSC denied petition
U.S.District Court, Southern District – Petition for Writ of Habeas Corpus
USDC# 06-60592
(Pending)
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
Clemency Hearing:
01/25/83 Clemency hearing held (denied)
Factors Contributing to the Delay in Imposition ofSentence:
The delay in theimposition of sentence appears to result from the multiple resentencingsof Elledge and the resulting necessary court time toresolve legal issues and have a new sentencing phase of the trial. Themost current delay arises from the 3.850 Motion that was pending from 09/23/99– 04/03/03.
Case Information:
Elledge filed a Direct Appeal with the Florida SupremeCourt on 04/21/75, citing multiple issues, but the only issue acknowledged bythe court as significant was whether the trial court erred in allowingtestimony concerning two other murders committed by Elledgeafter the Strack murder. The FSC upheld theconviction, but vacated the death sentence of Elledge.
Elledge filed a Direct Appeal with the Florida SupremeCourt on 08/22/77, citing five issues: testimony of other murders violated theprevious ruling of the FSC, the jury was prejudiced by Elledge’sappearance in leg irons for sentencing, one aggravating circumstance wasunsupported by the evidence, improper negation of a mitigating circumstance,and improper jury instruction that limited consideration of non-statutorymitigating circumstances. The FSC affirmed the death sentence on10/22/81.
Elledge filed a Petition for Writ of Certiorari with theU.S. Supreme Court on 05/25/82 that was denied on 11/01/82.
Governor Graham signed adeath warrant on 02/15/83, but the execution was stayed by the USDC on03/10/83.
Elledge filed a 3.850 Motion with the Circuit Court on03/09/83 that was denied on 03/10/83.
Elledge filed a 3.850 Motion Appeal and Petitions for Writof Habeas Corpus and Quo Warranto with the FloridaSupreme Court on 03/03/83 and 03/11/83, which were consolidated. Elledge’s Appeal and Petition revolved around claims ofimproperly admitted confession and guilty plea, as well as ineffectiveassistance of counsel. The FSC denied the 3.850 Motion Appeal andPetitions on 04/14/83.
Elledge filed a federal Petition for Writ of Habeas Corpuswith 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 theU.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 forthe Habeas Petition that was denied by the USDC. The USCA vacated thejudgment of the USDC and on 07/20/87 ordered Elledgeto be resentenced.
The State of Florida filed a Petitionfor Writ of Certiorari with the U.S. Supreme Court on 01/23/88 that was deniedon 04/18/88.
Elledge filed a Direct Appeal with the Florida SupremeCourt on 09/25/89, citing thirty issues in the appeal. The FSC vacatedthe death sentence on 01/14/93.
Elledge filed a Direct Appeal with the Florida SupremeCourt on 03/09/94, citing twenty-seven issues in the appeal. The FSCaffirmed the sentence on 09/18/97.
Elledge filed a Petition for Writ of Certiorari with theU.S. Supreme Court on 07/23/98 that was denied on 10/13/98.
Elledge filed a 3.850 Motion with the Circuit Court on09/23/99 and amended the Motion on 03/27/00 and 06/01/01. The CircuitCourt denied the Motion on 04/03/03.
Elledge filed a 3.850 Motion Appeal with the FloridaSupreme Court on 07/07/03, citing allegations of Brady and Giglioviolations and ineffective assistance of counsel. On 06/09/05, the FSCaffirmed the denial of the Motion.
Elledge filed a Petition for Writ of Habeas Corpus with theFlorida Supreme Court on 06/10/04, citing Ring issues and allegations ofineffective assistance of counsel. On 06/09/05, the FSC denied thePetition.
Elledge filed a Petition for Writ of Certiorari with theU.S. Supreme Court on 11/28/05 that was denied on 01/23/06.
Elledge filed a Petition for Writ of Habeas Corpus with theU.S. District Court, Southern District on 04/28/06 that is pending.
On 04/22/08, Elledge died of natural causes.
Institutional Adjustment:
THEFOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE
FORVIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
03/04/76 30 UNKNOWN CENTRAL OFFICE
02/04/78 0 SPOKEN THREATS FLORIDA STATE PRISON
02/13/78 0 DISOBEYING ORDER FLORIDA STATE PRISON
02/22/78 60 DEST. OF STATE PROP. FLORIDA STATE PRISON
12/25/78 15 POSS OF NEGOTIABLES FLORIDA STATE PRISON
05/17/79 30 DISOBEYINGORDER FLORIDA STATE PRISON
07/13/80 0 SPOKEN THREATS FLORIDA STATE PRISON
10/06/81 0 POSS OF ESCAPE PARA. CENTRALOFFICE
01/22/82 30 SPOKENTHREATS CENTRALOFFICE
04/13/82 0 DEST. OF STATE PROP. CENTRALOFFICE
04/14/82 0 DISRESP.TO OFFICIALS CENTRALOFFICE
04/14/82 0 DISOBEYING ORDER CENTRAL OFFICE
10/13/82 0 DISOBEYING ORDER CENTRALOFFICE
01/21/83 0 DISOBEYING ORDER CENTRALOFFICE
07/02/84 0 DISOBEYINGORDER FSP - WORKCAMP
03/08/86 30 DISRESP.TOOFFICIALS FLORIDA STATEPRISON
03/14/91 20 DISRESP.TOOFFICIALS FLORIDA STATEPRISON
07/16/91 30 DISOBEYINGORDER FLORIDA STATE PRISON
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.
12/29/04 90 SPOKENTHREATS UNION C. I.
Report Date: 06/15/01 JFL
Approved: 09/24/01 WS
Updated: 05/01/08 KLH