The Commission on Capital Cases was not funded in the FY 2011-2012 General Appropriations Act, and the Commission ceased operations on June 30, 2011. This site and the Commission website are being retained to provide access to historical materials.

The Registry Attorneys will be continued by the Justice Administration Commission.

These actions are effective July 1, 2011.
 

Disclaimer: The Commission on Capital Cases receives this information from a variety of sources. The site will be updated consistently as information is received and will be audited bi-annually. We make every attempt to ensure the accuracy of the information provided; however, the information should be verified by the applicable court prior to using it for legal or statistical purposes.


Inmate

Last NameFirst NamePictureDC NumberAgencyCase Summary
GilliamBurley 097234RegistryCase Summary

Last Action

DateCourtCase NumberLast Action
11/23/2005USCA05-16638Habeas Appeal
3/6/2007USCA05-16638Denial Affirmed
3/23/2008NoneNoneDead

Current Attorney

Last NameFirst NameCityAddressZipPhoneEMail
ScherTodd G.Miami Beach, FL5600 Collins Ave., Apt. 15-B33140-2413305/861-9252Email

Cases

Last NameCase NumberJudgeCountyCCRCOrder DateContract Date
ScherF82-14766CrespoDadeSouth5/22/20037/22/2003

Last Updated

2008-01-09 11:43:13.0


Case Summary
Direct Links

The Commission on Capital Cases updates this information regularly

The Commission on Capital Cases updates thisinformation regularly.  This information, however, is subject to change and maynot reflect the latest status of an inmate’s case and should not be relied uponfor 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 clubwhere 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 thecommotion, Burroughs found Gilliam’s truck stuck in the sand, and a “very, verynervous” Gilliam, who kept saying, “I got to get out of here.”

 

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

 

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

 

At trial, Gilliamemployed an insanity defense, arguing that he committed the rape and murderduring an epileptic seizure.  In an effort to substantiate the claim, severalof Gilliam’s family members testified to what they believed to be a history ofseizures by Gilliam.  Further, a doctor testified that Gilliam’s seizures left himunable 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 originaltrial, he dismissed appointed counsel and was eventually allowed to proceed prose, with the assistance of standby counsel.

 

 

Trial Summary:

 

07/08/82          Indicted on the following charges:

                                    CountI First-Degree Murder

                                    CountII           Sexual Battery

                                    CountIII          Grand Theft

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

                        guiltyverdict on Count III of the indictment

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

Sentenced as follows:

                                    CountI First-Degree Murder – Death

                                    CountII           Sexual Battery – Life Imprisonment

 

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

 

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

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

08/16/88          Sentenced as follows:

                                    CountI First-Degree Murder – Death

                                    CountII           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 andremanded for a new trial

 

Florida Supreme Court – Direct Appeal (afterresentencing)

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          CircuitCourt denied motion in part

01/14/97          CircuitCourt denied motion in full

 

Florida Supreme Court – 3.850 Motion Appeal

FSC# 95,370

817 So. 2d768

 

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 ofHabeas Corpus

FSC# 00-1438

817 So. 2d 768

 

07/06/00          Petition filed

02/07/02          FSCdenied petition

06/25/02          Mandate issued

 

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 03-1122

874 So. 2d 1191

 

06/23/03          Petition filed

05/04/04          FSCdenied petition

 

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

USDC# 03-21717

 

06/24/03          Petitionfiled

10/28/05          USDCdenied petition

 

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

USCA# 05-16638

 

11/23/05          Appealfiled

03/06/07          USCAaffirmed denial of petition

 

 

Factors Contributing to the Delay in Imposition ofSentence:

 

Gilliam’s resentencing, the3.850 Motion that was pending from 02/25/93–01/14/97, and the 3.850 MotionAppeal that was pending from 04/19/99 – 06/25/02 have all contributed to the delay in the case.


Case Information:

 

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

 

Gilliam was resentencedto death on 08/16/88.

 

Gilliam filed a DirectAppeal with the Florida Supreme Court on 10/07/88, citing the followingerrors:  denial of a motion to recuse the trial judge; denial of request forpost-verdict juror interviews; improper finding of the heinous, atrocious, orcruel murder aggravating circumstance; inclusion of hearsay evidence; failureto enumerate statutory mitigating evidence in the trial judge’s sentencingorder; and imposing a more serious sentence during resentencing.  On 05/02/91, the FSC affirmed Gilliam’s convictions and sentences. 

 

Gilliam filed a 3.850Motion 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 ofcounsel 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 3.850Motion 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 raisedtwenty-two issues, and in the Petition for Writ of Habeas Corpus, Gilliam raisedfour 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 Writof Habeas Corpus.

 

Gilliam filed a Petitionfor 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 Petitionfor Writ of Habeas Corpus with the U.S. District Court, Southern District, on06/24/03 that was denied on 10/28/05.

 

Gilliam filed a Petitionfor Writ of Habeas Corpus Appeal with the U.S. Court of Appeals, 11thCircuit, on 11/23/05.  On 03/06/07, the USCA affirmed the denial of thepetition. 

 


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

 

09/14/91                 0                              DISORDERLYCONDUCT                  FLORIDA STATE PRISON

 

 

Report Date:     05/29/03          JFL

Approved:        07/09/03          WS

Updated:          05/16/07          JFL