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Thread: Nicholas Alexander Davis - Oklahoma

  1. #1
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    Nicholas Alexander Davis - Oklahoma




    Summary of Offense:

    Davis was convicted of first-degree murder for the January 2004 killing of 17-year-old Marcus Smith and was also convicted on two counts of shooting with intent to kill. Davis shot and injured his former girlfriend, Tia Green, and also shot her sister Cinetta Hooks before shooting and killing Hooks’ brother-in-law, Marcus Smith. The prosecution argued that Davis had been a violent and aggressive predator since he was young and that he had hurt people his entire life. The prosecution tried to prove the future threat of Davis by eliciting testimony from a probation officer who stated that Davis was in Corrections Department custody even though he was on parole. The defense responded that Davis’s mother moved away when he was very young and as a result Davis was not left with any structure in his life. Furthermore, the defense argued that Davis turned his life around after 8 years in prison on drug and theft charges but was simply not able to handle a relationship after being in prison for so long.

    Davis has been on death row since September 11, 2007.

  2. #2
    Junior Member Stranger babosula23's Avatar
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    Conviction upheld

    The Oklahoma Supreme Court has upheld the murder conviction and death sentence given an Oklahoma City man for a January 2004 shooting death.

    The court rejected numerous arguments raised on appeal by 37-year-old Nicholas Alexander Davis — including ineffective counsel and prosecutorial misconduct. Davis also argued unsuccessfully that three people who opposed the death should not have been removed as jurors and that three others who supported the death penalty should have been removed.

    The high court's ruling released Tuesday rejected all arguments.

    Davis was convicted and sentenced to die for the shooting death of 17-year-old Marcus Smith.

    Prosecutors say Davis forced his way into Smith's apartment where he shot the unarmed Smith and shot and wounded both Smith's wife and Davis' ex-girlfriend.

    Davis said he shot Smith in self-defense.

    http://newsok.com/oklahoma-mans-conv...#ixzz1gRKkkmdD

  3. #3
    Administrator Moh's Avatar
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    On October 9, 2012, Davis filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/okl...cv01111/85036/

  4. #4
    Senior Member CnCP Legend Mike's Avatar
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    On September 20, 2017, Davis's habeas petition was denied in Federal District Court.

    https://docs.justia.com/cases/federa...01111/85036/40

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    Administrator Moh's Avatar
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    On May 9, 2019, oral argument will be heard in Davis' appeal before the US Court of Appeals for the Tenth Circuit.

    https://www.ca10.uscourts.gov/sites/...y_2019_CAL.pdf

  6. #6
    Administrator Moh's Avatar
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    Davis' panel will be made up of Judges Hartz (G.W. Bush), Moritz (Obama) and Eid (Trump).

    https://www.ca10.uscourts.gov/sites/...2019_Final.pdf

  7. #7
    Administrator Moh's Avatar
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    On November 10, 2019, the Tenth Circuit DENIED Davis' appeal.

    https://www.ca10.uscourts.gov/opinions/17/17-6225.pdf

    On January 23, 2020, the Tenth Circuit DENIED Davis' petition for en banc rehearing.

    https://www.supremecourt.gov/search....c/19-8814.html

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    Moderator Bobsicles's Avatar
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    Final appeal distributed for conference September 29, 2020.

    https://www.supremecourt.gov/search....c/19-8814.html
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  9. #9
    Senior Member CnCP Legend Mike's Avatar
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    In today's orders, the United States Supreme Court declined to review Davis's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Tenth Circuit
    Case Numbers: (17-6225)
    Decision Date: November 27, 2019
    Rehearing Denied: January 23, 2020

    https://www.supremecourt.gov/search....c/19-8814.html

    Appeals are now exhausted. A warrant can be requested.
    "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. #10
    Senior Member CnCP Legend Mike's Avatar
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    "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

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