Elledge v. Florida
911 So.2d 57 (Fla. 2005)
Elledge pled guilty to rape and murder and was sentenced to death.
Elledge moved for post conviction relief, claiming, among other things,
ineffective assistance of counsel. The trial court denied post conviction
relief and Elledge appealed.
Elledge contends that he was denied effective assistance of counsel
because trial counsel relied on mental health experts who were not
board-certified, were improperly prepared, and who provided conflicting
testimony. While one expert, Dr. Schwartz, testified that Elledge
displayed signs of organic brain damage and fetal alcohol syndrome, Dr.
Caddy, another expert, did not agree with Dr. Schwart's conclusions.
While the trial court noted the discrepancy and found that Dr. Caddy's
testimony diminished Dr. Schwart's credibility, the appelate court
explained that "the thrust of the trial court's deconstruction of these
mental health experts was not that they provided inconsistent testimony,
but that their diagnoses were contradicted by the facts of the case and
other episodes in Elledge's history." 911 So.2d at 72. In this regard,
the trial court appears to have focused on whether Elledge was generally
capable of exercising control over his violent impulses, in addition to
any specific diagnosis. Based on the record, the appelate court held that
Elledge could not viably assert that trial counsel's presentation and
preparation of the mental health experts prejudiced his defense.