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Thread: Don William Davis - Arkansas Death Row

  1. #11
    Administrator Heidi's Avatar
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    Personal Inmate Information

    DOB: 11/23/1962
    Race: White
    Gender: Male

    Crime and Trial Information

    * County of conviction: Benton
    * Number of counts: One
    * Race of Victim: White
    * Gender of Victim: Female
    * Date of crime: 10/12/1990
    * Date of Sentencing: 03/06/1992

    Legal Status

    Current Proceedings: Post certiorari; Petition for cert on Davis v. Hobbs, 130 S.Ct. 2432, filed Sept. 2, 2010

    Attorneys

    E. Schay
    Deborah Sallings

    Court Opinions

    Davis v. State, 863 S.W.2d 259 (Ark. 1993), cert. denied, 511 U.S. 1026 (1994); Davis v. State, 44 S.W.3d 726 (Ark. 2001) (affirming denial of post‐conviction relief); Davis v. State, 53 S.W.3d 46 (Ark. 2001) (dissolving stay of execution); Davis v. Norris, 423 F.3d 868 (8th Cir. 2005) (affirming denial of habeas corpus)

    Related Litigation: Stay of Execution based on Lethal Injection Claim by E.D. of Arkansas, June 26, 2006, Dansby v. Norris, Case No. 5:06‐Cv‐00110‐SWW; Nooner v. Norris, 2006 WL 4958988 (E.D. Ark. June 19, 2006) (denying defendants' motion to dismiss); Nooner v. Norris, 491 F.3d 804 (8th Cir. 2007) (reversing the judgment of the district court, dissolving the preliminary injunction it imposed, and vacating the stay of execution it entered), cert. denied, 552 U.S. 1201 (2008); Nooner v. Norris, 2008 WL 3211290 (E.D. Ark. Aug. 05, 2008) (granting defendants' motion for summary judgment and dissolving Davis's stay of execution); Nooner v. Norris, 594 F.3d 592 (2010) (denying platintiffs' challenge to the Arkansas lethal injection protocol); Davis v. Hobbs, 130 S.Ct. 2432 (2010) (dismissing certiorari).

    Legal Issues

    On appeal to 8th Circuit:

    (1) Ake and ineffective assistance of counsel claim stemming from trial court's refusal to appoint an independent psychiatric examiner to assist with the penalty phase defense

    Collateral Litigation:

    (1) Lethal Injection Challenge

  2. #12
    Administrator Heidi's Avatar
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    Marcel Wayne Williams v Ray Hobbs

    A federal appeals court has upheld the dismissal of lawsuits by death-row inmates that challenged the way Arkansas conducts executions.

    The 8th U.S. Circuit Court of Appeals on Friday denied the appeals on grounds that the lawsuits only speculated about possible problems and didn't identify constitutional violations.

    Marcel Wayne Williams filed one lawsuit and seven other condemned inmates joined in a similar court action.

    The inmates argued that the state shouldn't be allowed to change its lethal injection procedures without proper notice and that the uncertainty heightened their anxiety about suffering as they are being killed.

    The state has no scheduled executions.

    http://www.therepublic.com/view/stor...eals-Arkansas/

  3. #13
    Administrator Heidi's Avatar
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    With new lethal injection law in place, Arkansas AG wants execution stays lifted for 6 inmates

    The Arkansas attorney general's office has filed a motion to lift stays of execution in place for six death-row inmates who have challenged the constitutionality of the state's lethal injection law.

    The motion, filed last week in the Arkansas Supreme Court, wants stays lifted for Jack Jones, Marcel Williams, Jason McGhee, Don Davis, Bruce Ward and Stacey Johnson. The inmates have all exhausted their appeals.

    Last year, the Arkansas Supreme Court struck down the state's execution law. The Legislature enacted a new death penalty law last month.

    The new law spells out in greater detail the procedures the state must follow in carrying out executions. It says the state must use a lethal dose of a barbiturate, but leaves it up to Department of Correction to determine which one.

    http://www.therepublic.com/view/stor...nalty-Arkansas
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  4. #14
    Administrator Heidi's Avatar
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    Jones, Williams, McGehee, Davis, Ward, and Johnson v Hobbs

    Opinion Date: April 11, 2013

    Court: Arkansas Supreme Court

    In Hobbs v. Jones, Petitioners challenged Arkansas's method-of-execution statute (the statute). Prior to submission, Petitioners filed renewed motions for stays of execution during the pendency of their appeal, which the Supreme Court granted. In Hobbs, the Court held that the statute violated the Arkansas Constitution's separation-of-powers doctrine. The mandate issued on July 11, 2012. The General Assembly subsequently enacted Act 139 or 2013, which amended the statute. On March 8, 2013, the Arkansas Department of Correction and its director (collectively, Respondents) filed a motion to lift the stays of execution. On March 18, 2013, Petitioners opposed lifting the stays and filed a motion to take the matter as a case, claiming that the Court must now determine whether Act 139 passed constitutional muster. The Supreme Court (1) declared moot Respondents' motion to lift the stays of execution, as the stays of execution dissolved upon the issuance of the Court's mandate on July 11, 2012; and (2) denied Petitioners' request to take the matter as a case, as the Court did not have original jurisdiction of the matter.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  5. #15
    Administrator Moh's Avatar
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    McDaniel seeks executions for 7 felons

    Arkansas' attorney general is asking the state's governor to set execution dates for seven death-row inmates.

    Attorney General Dustin McDaniel sent seven letters to Gov. Mike Beebe late Thursday requesting that execution dates be set for Don Davis, Stacey Johnson, Jack Jones, Jason McGehee, Bruce Ward, Kenneth Williams and Marcel Williams.

    McDaniel noted in the letters that six of the seven inmates — all but Davis — are challenging the state's new lethal injection law. Arkansas is changing the drugs it uses to put inmates to death.

    Despite the challenge, McDaniel said there aren't any court orders in place preventing the executions.

    Arkansas currently doesn't have any pending executions. The state last executed an inmate in 2005.

    http://www.arkansasonline.com/news/2...ions-7-felons/

  6. #16
    Senior Member CnCP Legend Mike's Avatar
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    Arkansas Governor Asked to Set Execution Dates for 8 Inmates

    Arkansas attorney general has asked Gov. Asa Hutchinson to set execution dates for eight death row inmates in what would be the state's first executions in a decade.

    A spokesman for Attorney General Leslie Rutledge confirmed Tuesday that the request was made. A spokesman for Hutchinson said the governor did not have an immediate timeline for when he would set the dates.

    The Arkansas Department of Correction purchased enough of the three-drug combination used in the state's new execution protocol in late July to perform the executions. A state law passed this year lets the department buy the drugs secretly, as in other states.

    According to an invoice in which the name of the supplier is blacked out, the department paid $24,226 for the three drugs needed for lethal injections, including the sedative midazolam.

    Midazolam was implicated after executions last year in Arizona, Ohio and Oklahoma went on longer than expected, with inmates gasping and groaning as they died. The U.S. Supreme Court in June approved continued use of the drug, rejecting a challenge from three Oklahoma inmates now set to be put to death in September and October.

    Rutledge's spokesman Judd Deere said there were eight letters sent, one each for inmates Bruce Earl Ward, Don William Davis, Jack Jones, Jason McGehee, Kenneth Williams, Marcel Williams, Stacey Johnson and Terrick Nooner.

    The eight men have exhausted their court appeals for their criminal convictions, but the inmates filed a joint lawsuit in April when the law was passed allowing the state to keep the manufacturer of the drugs a secret.

    Attorney Jeff Rosenzweig, who represents the eight inmates, said Tuesday he plans to "file the appropriate pleadings in the appropriate courts to delay any execution date that the governor might set."

    Arkansas has not executed an inmate since 2005 because the state's execution law had been challenged in court.

    http://abcnews.go.com/US/wireStory/a...mates-33459361
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  7. #17
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    Arkansas Governor Sets Execution Dates After 10-Year Gap

    Arkansas will resume lethal injections after a 10-year gap with a double execution next month, Gov. Asa Hutchinson said Wednesday as he announced execution dates for eight death-row inmates.

    Arkansas hasn't executed an inmate since 2005, largely because of court challenges to the state's lethal injection law and a nationwide shortage of drugs that Arkansas has used during executions.

    But last week, Attorney General Leslie Rutledge sent letters to the governor requesting that execution dates be set. Rutledge said the inmates' appeals had been exhausted, and the state Department of Correction said it had enough doses of its lethal-injection drugs to perform the executions.

    Hutchinson set four dates through January, meaning two men are scheduled to be executed on each date. But he acknowledged that challenges are likely.

    "Quite frankly I would expect continued litigation in it, but it's my understanding that all of the appeals have been exhausted and that there is a finality in the judgment and that is the reason the Attorney General has asked for those dates to be set," Hutchinson said.

    One pending lawsuit challenges a new state law that allows the Correction Department not to disclose how it obtains its execution drugs. Attorney Jeff Rosenzweig, who is representing the eight inmates in the lawsuit, said he and other lawyers are working on filing motions to delay the executions.

    "We think the lethal injection lawsuit presents serious issues that need to be resolved first before any executions can take place," he said Wednesday.

    Federal courts, including the U.S. Supreme Court, have rejected similar arguments used by inmates in Missouri, Texas and other states that also allow prisons to keep their drug suppliers' names secret.

    The first two executions are scheduled Oct. 21 for death-row inmates Bruce Earl Ward and Don William Davis.

    Ward, a former perfume salesman, was convicted in the 1989 killing of 18-year-old Rebecca Doss, whose body was found in the men's bathroom of the convenience store where she worked. Davis, who had an execution date set in 2006 that was later stayed, was sentenced to death for the 1990 killing of Jane Daniels in northwest Arkansas.

    The other execution dates are set for Nov. 3, Dec. 14 and Jan. 14.

    Arkansas has executed 27 people since the U.S. Supreme Court reauthorized the death penalty in 1976, though none since Eric Nance was put to death in 2005 for the killing of 18-year-old Julie Heath of Malvern.

    Arkansas's execution protocol calls for a three-drug process. The Department of Correction said that as of July 1, it had enough of the drugs, including midazolam, to perform the executions.

    Midazolam was implicated after executions last year in Arizona, Ohio and Oklahoma went longer than expected, with inmates gasping and groaning as they died. The U.S. Supreme Court approved continued use of the drug in June, rejecting a challenge from three Oklahoma death-row inmates.

    http://abcnews.go.com/US/wireStory/a...r-gap-33637772
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

  8. #18
    Senior Member CnCP Legend Mike's Avatar
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    Neither of 2 to die apply for clemency

    Neither of the two death-row inmates scheduled for execution in October requested clemency before the Monday deadline, said state Parole Board administrator Solomon Graves.

    Bruce Ward and Don Davis -- who are set to die by lethal injection on Oct. 21 -- had until noon Monday to ask the state Parole Board to recommend to Gov. Asa Hutchinson that they be granted clemency, which can be either total forgiveness for the crime or a reduction of the criminal penalty.

    Under the state's protocol, the state Parole Board must first review the application and then make a recommendation to the governor to either approve or deny the request. The governor is not obligated to follow the board's decision.

    Both men, as well as six other death-row inmates, have exhausted all standard appeals. The execution dates have been scheduled for all eight men over the next four months.

    A lawsuit filed in June in Pulaski County Circuit Court by all eight men asking the prison system to disclose the source of its execution drugs is still pending. Jeff Rosenzweig, an attorney for all eight men, has said that he will ask the court to delay the executions.

    Ward, 58, is also seeking a review by the U.S. Supreme Court after a February Arkansas Supreme Court ruling that affirmed his death sentence. A case conference is set for Sept. 28.

    Ward was convicted of strangling to death 18-year-old Little Rock convenience-store clerk Rebecca Doss on Aug. 11, 1989.

    Davis, 52, was sentenced to death for the Oct. 12, 1990, execution-style shooting of 62-year-old Jane Daniels during a robbery in Rogers.

    http://www.arkansasonline.com/news/2...ency-/?f=crime
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  9. #19
    Senior Member CnCP Legend Mike's Avatar
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    Arkansas judge halts scheduled executions of eight inmates

    An Arkansas judge issued an order on Friday that temporarily blocked the scheduled executions of eight convicted murderers after lawyers for the death row inmates challenged secrecy provisions in the state's lethal injection procedures.

    Arkansas, one of the 31 U.S. states with the death penalty, has not carried out an execution since 2005 but had planned to resume capital punishment on Oct. 21 with two executions.

    Pulaski County Circuit Judge Wendell Griffen took the action after lawyers for the inmates argued on Wednesday that provisions keeping secret the name of the vendors who provide the drugs used in lethal injections violated state law.

    The judge issued a temporary restraining order for the executions to further examine the arguments, saying that "this action is Plaintiffs' only legal remedy by which they can challenge the Method of Execution Statute and execution protocol that will effectuate their deaths."

    The Arkansas General Assembly this year enacted a statute allowing the identity of vendors of the pharmaceuticals to be withheld from the public. The condemned inmates contend the state must identify the suppliers of the drugs in accord with a settlement in an earlier case.

    Arkansas is the only state in the U.S. South to have not carried out an execution in recent years. Legal and political battles over death chamber procedures and stays of executions for other inmates have been the main reasons why the state has not carried out an execution since 2005.

    http://www.reuters.com/article/2015/...0S32FS20151009
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  10. #20
    Administrator Moh's Avatar
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    Waiting to Die: Arkansas Death Row Inmate Interview

    FAYETTEVILLE, Ark. - After 23 years on death row, former northwest Arkansan Don Davis was supposed to be executed, for the fifth time, one week ago Thursday night. His execution was stayed by the Arkansas Supreme Court.

    On Oct. 12, 1990, Jane Daniel was in the assumed safety of her Rogers home when she was shot execution style in the back of the head.

    Don Davis pulled the trigger. He went to the Daniel home to rob it. Police believe Jane Daniel gave Davis all the items he asked for and then he took her life.

    "It just bothers me horribly that...she must have been terrified and she didn't deserve that at all," said her husband Richard.

    "Actually there is nothing I have nothing to say to him because he doesn't care," said Jane's daughter Susan Khani when asked what she would say to Davis. "He doesn't have the capacity as you and I do, as human beings to even understand."

    Don Davis agrees. At the time he committed the murder, he didn't have the capacity to care.

    "What I did was an act of cowardice; it was cold blooded; it was evil."

    "If the day I was found guilty in Bentonville and they would of took me out the next day and executed me, I feel as though it would have been a just execution."

    Davis maintains the evil, young coward who killed Jane Daniel is not the repentant man he's become.

    "Are you sorry for what you did?" the reporter asked.

    "You have no idea. There is nothing I wouldn't give to take back moment. There is nothing that I can do."

    Davis does not expect Daniel's family to believe him but he said the state of Arkansas can't execute the man who did that crime because he no longer exists.

    "To stick a man in a cell and turn him into the man he was supposed to be all that time and then take him out of that cell and execute him, I just have a problem with that picture and not just because it's me."

    "I think you should care because every human being has something to offer," said Davis and he said what he has to offer is the barren reality of a life spent in a cell on death row.

    "My dream--what I would love to be able to do is try to help someone see that the mistakes that I have made, that the evil deed that I did, that all the pain and suffering I caused that they don't have to do that there's a better way."

    Davis believes in redemption, in forgiveness and in life after death.

    "The only way that I am ever going to be free is to be executed. So there's a part of me that is very sad that I woke up here this morning and there's a part of me that is happy that I woke up here this morning because I'm alive."

    That's 25 years of living that Jane Daniel didn't have.

    "Because of what he did, my son will never have a grandmother to come and pick him up and take him somewhere and to hug him," said Jane's daughter.

    "I am so sorry. I am so sorry for the pain and suffering that I caused to their whole family."

    http://www.arkansasmatters.com/news/...mate-interview

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