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Thread: Irving Alvin Davis - Texas Death Row

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    Irving Alvin Davis - Texas Death Row


    Melissa Medina


    Irving Davis


    Facts of the Crime:

    On June 4, 2001, in El Paso, Davis followed 15-year-old Melissa Medina from a party. Davis dragged her into an elementary school yard where he choked her with an unknown ligature and hit her in the head with an unknown object and killed the victim. Davis also sexually assaulted her.

    Davis was resentenced to death El Paso County in February 2008.

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    February 28, 2008

    That was the decision a judge and grand jury made in court on Thursday morning. Irving Alvin Davis got the death penalty for raping and murdering 15-year-old Melissa Medina seven-years ago. Davis was being re-sentenced after his attorney appealed the death sentence because of problems with the original trial.

    Melissa’s sister, Veronica spoke to Davis in court about the decision, saying; “ At least your family is going to know where you’re going to die”.

    (Source: The Associated Press)

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    July 6, 2010

    Satanism wrongly used at trial, death row inmate argues

    Irving Davis, convicted of raping and killing a 15-year-old El Paso girl, has asked a Texas appeals court to throw out his death sentence, arguing that jurors should not have been told about his new religion Satanism.

    The revelation, defense lawyers argue, violated Davis' free exercise of religion and improperly prejudiced jurors against the 27-year-old inmate.

    Prosecutors counter that allegiance to the Church of Satan was relevant information for jurors, who had to determine whether Davis should be put to death as a continuing threat to society.

    Davis' arguments sent two Texas Court of Criminal Appeals judges down rhetorical paths that were more theological than legal — part of a generally chilly reception to the inmate's claims during oral arguments in April.

    "I mean, come on, boil it all down, the Church of Satan?" Judge Michael Keasler said. "You've got to be kidding me as to how that's good, because Satan himself, at least as far as Christian doctrine is concerned, is the epitome of what evil is. If somebody chooses to align themselves with something like that, it certainly would seem relevant."

    Musing aloud, Judge Lawrence Meyers asked if Satanism should be considered a religion at all, because religions revolve around worshipping a higher power. "Satan's not an almighty being," Meyers said.

    But Ruben Morales, Davis' lawyer, argued that introducing Satanism in court was an improper attempt to criminalize beliefs that society finds offensive or disagreeable.

    "The state's attempt to place (Davis) in a bad light with the jury was nothing less than a 'witch hunt.' This is precisely the risk that society runs when it attempts to distinguish between good and bad religions," he said in legal briefs.

    The court has not yet ruled on Davis' petition, which seeks a new sentencing trial in hopes of converting his death sentence into a life term.

    Religious persecution?

    Davis' latest appeal arose after the court threw out his first death sentence in 2007 because the trial judge mistakenly allowed only expert witnesses — and not Davis' family and friends — to testify about whether they considered the defendant a continuing danger.

    While preparing for the new penalty phase trial, prosecutors learned Davis listed his new religion as Satanism after arriving on death row.

    Jurors were shown, over defense objections, Davis' drawings depicting satanic symbols, books removed from his cell that included "The Satanic Bible" and a pentagram tattoo on his chest. Prosecutors also introduced a grievance form that showed Davis complaining about being denied a gong, candles, chalice, black robes, a vial of blood and other items he said were needed to practice his religion.

    Prosecutor Lily Stroud said the evidence was meant to show that Davis had chosen to affiliate with an organization that condones and encourages human sacrifice and other illegal acts.

    "I don't believe that we put on the evidence, necessarily, to say: 'Well, Satanism is evil, just an evil religion, he's evil, and so you should just put him to death," Stroud said. "The defense had been trying to give implication that while he was on death row he was nothing but a pacifist."

    But defense lawyer Morales said jurors, who again sentenced Davis to die, were improperly exposed to information designed to inflame their passions against Davis. The infraction was made worse, he said, because it violated the First Amendment's protection of religious expression.

    "The great thing about our country is that we are supposed to have the ability to choose our religion and not be persecuted for it," Morales told the court's nine judges.

    "But who's persecuting him?" Keasler asked. "All they're doing is bringing evidence."

    "They are bringing evidence that is not viewed in a neutral way," Morales responded.

    Meyers joined in by noting that the First Amendment protects the free practice of religion, and "nobody is denying his right to practice."

    "How can you say you're protected (in) practicing your religion ," Morales said, "if someone can turn around and say, 'OK, because you practice this religion, we're going to use that as a reason to kill you'?"

    Morales also argued that the information was irrelevant because Davis was not a Satanist when Melissa Medina, 15, was killed and never committed a crime or violent act in Satan's name.

    Stroud, an El Paso County assistant district attorney, countered that evidence must be relevant to an issue at trial. In this case, jurors had to find that Davis posed a continuing threat to society before they could assess the death penalty — his "character obviously being relevant to that," Stroud said. "All we had to show was he was a member in this particular organization that participated in violent and illegal activities."

    http://www.statesman.com/news/local/...te-787009.html

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    On September 29, 2010, Davis' conviction was upheld by the Texas Court of Criminal Appeals on direct appeal.

    Opinion is here:

    http://www.cca.courts.state.tx.us/OP...PINIONID=20122

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    Administrator Heidi's Avatar
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    In today's Texas Court of Criminal Appeals orders, motion to rehear denied.

    Opinion here

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    In today's United States Supreme Court orders, Davis' petition for a writ of certiorari and motion for leave to proceed in forma pauperis DENIED.

  7. #7
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    Today, the TCCA denied Davis' application for writ of habeas corpus.

    http://www.cca.courts.state.tx.us/OP...PINIONID=25196

    http://www.cca.courts.state.tx.us/OP...PINIONID=25197

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    On April 4, 2014, Davis filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/tex...cv00121/686085

  9. #9
    Moderator Bobsicles's Avatar
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    Habeas relief and COA denied by the federal district court on 9/13/23.

    https://law.justia.com/cases/federal...21/686085/177/
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