WILLIAM DUANE ELLEDGE, PETITIONER/RELATOR,
v.
ROBERT GRAHAM, GOVERNOR, STATE OF FLORIDA; LOUIE L. WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENTS; WILLIAM DUANE ELLEDGE, PETITIONER, V. LOUIE L. WAINWRIGHT, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, RESPONDENT; WILLIAM DUANE ELLEDGE, PETITIONER, V. STATE OF FLORIDA, RESPONDENT; WILLIAM DUANE ELLEDGE, APPELLANT, V. STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court denied all petitions for extraordinary relief, including writs of habeas corpus and quo warranto, and affirmed the denial of a motion to vacate judgment and sentence, holding that a guilty plea waives the right to appeal prior rulings and that a death sentence can be carried out even if superimposed on a life sentence.
The court held that a guilty plea waives the right to appeal prior rulings, except for a limited class of issues, and that a death sentence superimposed on a life sentence can be carried out.
[1] A death sentence imposed subsequent to a life sentence supersedes the life sentence, and the defendant has no right to serve the life sentence first.
[2] A guilty plea generally waives the right to appeal prior court rulings, except for issues concerning subject matter jurisdiction, the legality of the sentence, the prosec…
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligencePetitioner William Duane Elledge sought various writs and appealed the denial of a motion to vacate judgment and sentence after pleading guilty to fir…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Petition For Writ Of Quo Warranto cases and more on FLexlaw
PER CURIAM.
Petitioner urges this Court to issue its writ of habeas corpus to permit appellate review of the lower court’s denial of his motion to suppress custodial statements and, in addition, to issue writs of quo war-ranto and/or habeas corpus to prevent the execution of the death warrant. Petitioner also appeals the denial of his rule 3.850 motion to vacate judgment and sentence and, further, petitions for leave to file a petition for writ of error coram nobis and/or for extraordinary relief with regard to the capital penalty trial. We have jurisdiction. Art. Y, § 3(b)(7) & (9), Fla.Const. We find no merit in petitioner’s arguments, deny all petitions and affirm the denial of his motion to vacate judgment and sentence.
On March 17, 1975, in the Seventeenth Judicial Circuit in and for Broward County, petitioner William Duane Elledge moved to suppress certain custodial statements. Upon the denial of his motion, he entered pleas of guilty to first-degree murder and rape, and on March 27,1975, was sentenced to death. On direct appeal, this Court affirmed petitioner’s conviction but vacated the death sentence, ordering the trial court to conduct a new sentencing trial. Elledge v. State, 346 So. 2d 998 (Fla.1977). Following that trial, petitioner was resentenced to death on August 3, 1977. On appeal this Court affirmed the death sentence. Elledge v. State, 408 So. 2d 1021 (Fla.1981), cert. denied, - U.S. -, 103 S.Ct. 316, 74 L.Ed.2d 293 (1982). On February 15, 1983, the Governor of Florida signed a death warrant ordering petitioner’s execution.
QUO WARRANTO AND/OR HABEAS CORPUS
Petitioner contends that since his 1977 death sentence contained a provision that the sentence run consecutive to a sentence of life imprisonment imposed in Case No. 74r-3811, in which petitioner also pleaded guilty to first-degree murder, the death sentence cannot be carried out until after the expiration of the life sentence, which carries a mandatory minimum of twenty-five calendar years. We find this position wholly without merit. When a death sentence is superimposed upon an existing life sentence, the defendant has no legal right to serve the life sentence. Blitch v. Buchanan, 100 Fla. 1242, 132 So. 474 (1931) and Whitney v. State, 132 So. 2d 599 (Fla. 1961).
HABEAS CORPUS
Relying on Anderson v. State, 420 So. 2d 574 (Fla.1982), petitioner also urges that he now is entitled to appellate review of the trial court’s denial of his motion to suppress his confessions, even though he pleaded guilty and did not raise this issue on his previous appeals. We disagree. A guilty plea cuts off any right to an appeal from court rulings that preceded the plea with the exception of a limited class of issues which occur contemporaneously with the entry of the plea: (1) the subject matter jurisdiction, (2) the illegality of the sentence, (3) the failure of the government to abide by the plea agreement, and (4) the voluntary and intelligent character of the plea. Robinson v. State, 373 So. 2d 898 (Fla. 1979). The petitioner’s challenge falls in this latter category because it is based on the assertion that he would not have pleaded guilty had the confessions been suppressed. A proper challenge to the voluntary and intelligent character of a guilty plea is presented to the trial court by a motion to withdraw the plea. A denial of such motion would be subject to review on direct appeal. Robinson. So far as we are aware, the petitioner has not previously sought to withdraw his guilty plea nor did he raise the issue on the direct appeal of his death sentence. We accorded the petitioner automatic review as we do in all death cases, and affirmed his conviction and sentence of death. Elledge II. § 921.141(4), Fla.Stat. (1975). Petitioner since has raised the issue of the voluntariness of his guilty plea before the trial court by means of a rule 3.850 motion, which we address below. We know of no other right of review to which the petitioner is entitled. ERROR CORAM NOBIS
Elledge’s petition presents what is purported to be newly-available evidence:
1. An undated psychiatric report by Dr. Lewis, apparently prepared in late 1982 or early 1983, based on her interviews with Elledge, a telephone interview with Elledge’s mother, a review of neuropsychological testing, and a review of various institutional records through the present. Dr. Lewis concludes that “Elledge’s ability to control his behavior at the time of the murder was seriously impaired.”
2. A series of conclusions by petitioner’s counsel based on personal and telephonic interviews with various members of Elledge’s family. Counsel concludes that there is “some organic vulnerability to violent behavior in petitioner’s family; and ... petitioner’s thinking may also stem from an inherited tendency toward disorganized thought processes.”
The “facts” on which Dr. Lewis and counsel rely are not new: they were either available or could have been obtained at the time of sentencing. We note that Elledge was examined by two psychiatrists prior to trial and both stated that at the time of the rape/murder he understood and could appreciate the nature and consequences of his acts. Petitioner has presented no new information — merely a psychiatrist who draws different conclusions. Booker v. State, 413 So. 2d 756 (Fla.1982); Hallman v. State, 371 So. 2d 482 (Fla.1979).
RULE 3.850
Elledge appeals the denial of his rule 3.850 motion. He presents five issues for our consideration:
1. Ineffective assistance of counsel.
2. The voluntariness of his guilty plea.
3. Alleged error by the trial court in striking grounds for relief.
4. Denial of equal protection and a fair hearing by denial of funds for expert and lay witnesses.
5. The unconstitutionality of Florida’s death penalty as applied.
Our review of the record convinces us that the appellant’s confessions and guilty plea were properly admitted and that the allegation of ineffective assistance of counsel has not been shown. Knight v. State, 394 So. 2d 997 (Fla.1981); Williams v. State, 316 So. 2d 267 (Fla.1975). We have fully reviewed the remaining issues raised by the appellant and find them to be without merit.
The petitions for quo warranto, habeas corpus, and leave to file a writ of error coram nobis are denied. The denial of the appellant’s 3.850 motion is affirmed.
It is so ordered.
ALDERMAN, C.J. and ADKINS, BOYD, OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Martin v. State, 455 So. 2d 370 (Fla. 1984)…kland v. Washington, ___ U.S. ___, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), although he makes no claim of ineffective assistance of counsel. We have previously found similar claims regarding court-appointed experts to have no merit. Elledge v. Graham, 432 So. 2d 35 (Fla.), cert. denied, ___ U.S. ___, 104 S.Ct. 436, 78 L.Ed.2d 368 (1983); Booker v. State, 413 So. 2d 756 (Fla. 1982). The appointment of experts is discretionary. § 914.06, Fla. Stat. (1983). The test for overturning a trial court ruling on appoin…
-
Elledge v. State, 706 So. 2d 1340 (Fla. 1997)…e was again sentenced to death, and that sentence was affirmed by this Court in Elledge v. State, 408 So. 2d 1021 (Fla.1981). Elledge’s subsequent motion for post-conviction relief and a state habeas corpus petition were denied in Elledge v. Graham, 432 So. 2d 35 (Fla.1983). However, Elledge received federal habeas relief in Elledge v. Dugger, 823 F. 2d 1439 (11th Cir.), reh’g granted in part, 833 F. 2d 250 (11th Cir.1987). Elledge’s third sentencing proceeding was held in 1989 and he was again sentenced to…1 / 3
-
Elledge v. State, 911 So. 2d 57 (Fla. 2005)…Elledge was again sentenced to death. This Court affirmed that sentence in 1981, see Elledge v. State, 408 So. 2d 1021 (Fla.1981), and in 1983 denied Elledge’s motion for postconviction relief and state habeas corpus petition. See Elledge v. Graham, 432 So. 2d 35 (Fla.1983). However, Elledge received federal habeas relief from the United States Court of Appeals for the Eleventh Circuit based on the trial court’s decision to order Elledge shackled during the proceedings. See Elledge v. Dugger, 823 F. 2d 1439…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (11 total)
- Gissendanner v. State, 373 So. 2d 898 (Fla. 1979)
- Robinson v. State, 373 So. 2d 898 (Fla. 1979)
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Williams v. State, 316 So. 2d 267 (Fla. 1975)
- Elledge v. State, 346 So. 2d 998 (Fla. 1977)
- Hallman v. State, 371 So. 2d 482 (Fla. 1979)
- Elledge v. State, 408 So. 2d 1021 (Fla. 1981)
- Anderson v. State, 420 So. 2d 574 (Fla. 1982)
- Whitney v. State, 132 So. 2d 599 (Fla. 1961)
- Blitch v. Buchanan, 100 Fla. 1242 (Fla. 1931)