the time of the offense, Davis was on control release supervision, which
the trial court and FSC determined to be analogous to imprisonment. The
trial court and the FSC found this to be an aggravating circumstance at
the penalty phase of the trial.
Davis had an extensive criminal record at the time of the offense.
Indicted as follows:
Count I First-Degree Murder
Count II Burglary with Assault
Count III Kidnapping of a Child Under 13
Count IV Sexual
Battery of a Child Under 12
Jury returned guilty verdicts on all counts of the indictment
Jury recommended a death sentence by a vote of 12-0
Sentenced as follows:
First-Degree Murder – Death
Count II Burglary with
Assault – 19 years
Kidnapping of a Child Under 13 – 19 years
Count IV Sexual Battery of a
Child Under 12 – Life
07/24/95, Davis filed a Direct Appeal with the Florida Supreme Court,
citing the following trial court errors: admission of statements to the
police; allowing the jury to hear the 911 tape of Beverly Shultz after
discovering that her daughter was missing; the State improperly injected
irrelevant matters and improper argument to exploit the emotions of the
jury; overruling defense objections to jury instructions on reasonable
doubt and premeditated murder; permitting the State’s mental health
expert to examine Davis in order to rebut Davis’ mental health expert;
jury recommendation tainted by trial errors; denying proposed jury
instructions on non-statutory mitigating circumstances; improper jury
instructions and insufficient evidence for aggravating circumstances of
avoiding arrest and heinous, atrocious, or cruel circumstances; and
finding that Davis’ control release status was similar to being under a
sentence of imprisonment, and therefore an aggravating circumstance.
The FSC affirmed the convictions and sentences on 06/05/97.
12/10/97, Davis filed a Petition for Writ of Certiorari with the U.S.
Supreme Court that was denied on 02/23/98.
05/28/98, Davis filed a 3.850 Motion with the Circuit Court that was
denied on 06/12/02.
07/18/02, Davis filed a 3.850 Motion Appeal with the Florida Supreme
Court, citing allegations of ineffective assistance of counsel. On
11/20/03, the FSC affirmed the denial of the 3.850 Motion.
12/02/02, Davis filed a Petition for Writ of Habeas Corpus with the
Florida Supreme Court, citing allegations of ineffective assistance of
counsel. On 11/20/03, the FSC denied the Petition.
11/23/04, Davis filed a Petition for Writ of Habeas Corpus with the U.S.
District Court, Middle District. The Petition is currently pending.