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Thread: Mark Allen Davis - Florida Death Row

  1. #1
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    Mark Allen Davis - Florida Death Row




    Summary of Offense:

    Mark Davis came to St. Petersburg, Florida during late June 1985 and was living in the parking lot of the Gandy Efficiency Apartments when Orville Landis moved into an apartment on July 1, 1985. Davis offered to help Landis move in, and after they finished moving, Davis and Landis began drinking beer together. Davis borrowed money from Landis, and witnesses testified that Landis had approximately $500 in cash that day. Davis separately told two apartment complex residents that he planned to take money from Landis and “do him in.” Davis and Landis were later seen arguing about money and then going into Landis’ apartment. Landis was last seen alive at approximately 8:30 p.m. Davis was last seen around midnight, leaving in Landis’ car. A concerned neighbor had Landis’ window opened, and from the window, she observed him lying on his bed in a pool of blood. Landis’ wallet was empty, except for a single dollar bill. Landis suffered multiple stab wounds to the back, chest, and neck; multiple blows to the face; was choked or hit with sufficient force to break the hyoid bone (a bone in the throat); was intoxicated to a degree that impaired his ability to defend himself; and was alive and conscious when each injury was inflicted. Evidence showed that the slashes to the throat were made with a small-blade knife, which was broken during the attack, and the chest and back wounds were made with a large butcher knife found at the scene.

    Davis was sentenced to death in Pinellas County on January 30, 1987.

  2. #2
    Administrator Heidi's Avatar
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    Factors Contributing to the Delay in Imposition of Sentence:

    The direct appeal was pending from 05/13/87 – 09/05/91, and the 3.850 motion was pending from 07/17/95 – 03/23/02.

    Case Information:

    On 05/13/87, Davis filed a Direct Appeal with the Florida Supreme Court, citing the following errors: the heinous, atrocious, or cruel murder aggravating circumstance was unconstitutionally vague; insufficient evidence to support the cold, calculated, and premeditated murder aggravating circumstance; allowing victim’s daughter to read a victim impact statement; admitting a videotape and color photograph of the crime scene; limitations placed upon Davis’ actions as co-counsel; and Davis was absent from the courtroom during jury challenges. Three other errors, each of which focused on comments made during the trial, were cited by Davis but were not commented upon by the court. The FSC affirmed the convictions and sentences on 09/05/91.

    On 01/28/92, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was granted on 06/29/92. The USSC vacated the death sentence and remanded the case to the FSC to reconsider the direct appeal of the death sentence in light of the opinion in Espinosa v. Florida. In Espinosa, the USSC declared that Florida’s standard jury instruction for the heinous, atrocious, or cruel aggravating circumstance was constitutionally inadequate.

    On 04/08/93, the FSC affirmed the death sentence.

    On 11/18/93, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which was denied on 02/28/94.

    On 07/17/95, Davis filed a 3.850 Motion with the Circuit Court that was amended on 06/26/98 and denied on 03/28/02.

    On 06/26/02, Davis filed a 3.850 Motion Appeal with the Florida Supreme Court, raising the following issues: ineffective assistance of counsel and Brady & Giglio claims. On 10/20/05, the FSC affirmed the denial of the motion.

    On 04/30/04, Davis filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court, raising the following issues: improper arguments by the State, improper jury instructions, and insufficient evidence to support a conviction and aggravating circumstances. On 10/20/05, the FSC denied the petition.

    On 01/18/06, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which was dismissed on 03/30/06.

    On 02/28/06, Davis filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court, which was denied on 06/09/06.

    On 07/03/06, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which was denied on 10/02/06.

    On 04/19/07, Davis filed a Petition for Writ of Habeas Corpus with the United States District Court. On 02/27/08, a motion for stay was granted and the petition was administratively closed pending state court action. On 02/11/10, the USDC granted a continuation of the stay until the completion of certiorari review. On 06/28/10, a motion to reopen the case and lift the stay was filed. On 11/08/10, Davis filed another motion to stay proceedings. That motion is pending. http://dockets.justia.com/docket/flo...cv00676/199023

    On 02/21/08, Davis filed a 3.850 Motion in the state circuit court, which was denied on 07/03/08.

    On 09/22/08, Davis filed a 3.850 Motion Appeal with the Florida Supreme Court, which was denied on 11/05/09.

    On 04/10/10, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which was denied on 06/28/10.

  3. #3
    Jan
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    In today's United States Supreme Court orders, following the Florida Supreme Court's denial of post-conviction relief, Davis' petition for writ of certiorari was DENIED.

    http://www.supremecourt.gov/Search.a...es/12-6944.htm

  4. #4
    Administrator Aaron's Avatar
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    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  5. #5
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court DENIED Davis' certiorari petition.

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC17-1259)
    Decision Date: January 29, 2018

    https://www.supremecourt.gov/search....c/17-9570.html

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