DC#  097852
DOB:  09/12/68

Tenth Judicial Circuit, Polk County Case # 94-1248
Sentencing Judge: The Honorable Daniel True Andrews
Attorney, Trial: Austin Maslanik & Robert Norgard – Assistant Public Defender
Attorney, Direct Appeal: Robert Moeller – Assistant Public Defender
Attorney, Collateral Appeals:  Richard Kiley & James Viggiano – CCRC-M

Date of Offense: 03/03/94

Date of Sentence: 06/30/95

Circumstances of Offense:

Eddie Davis was living in a house with Beverly Shultz and her two daughters, Crystal and Kimberly. 

On the evening of 03/03/94, 11-year-old Kimberly was asleep in her mother’s bed, when she was awakened by Davis.  Davis put his hand over her mouth and led her to the living room, where he gagged her with a rag so she could not yell. 

Davis and Kimberly jumped a fence and went in to the adjacent trailer park where Davis formerly lived.  While in Davis’ trailer, he attempted to insert his penis into her vagina, and when this failed, he inserted two fingers. 

Davis then took Kimberly to the nearby Moose Lodge, where he struck her several times and then placed a piece of plastic over her mouth.  Kimberly struggled and ripped the plastic, but Davis held it over her mouth and nose until she stopped moving.  He then disposed of the body in a dumpster and left.

Kimberly’s body was found on the afternoon of the 03/04/94.  The body had numerous bruises, the area between the vagina and anus had been lacerated, and the cause of death was determined to be strangulation.

Prior Incarceration History in the State of Florida:

At 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. 

04/07/94          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

06/01/95          Jury returned guilty verdicts on all counts of the indictment

06/09/95          Jury recommended a death sentence by a vote of 12-0

06/30/95          Sentenced as follows:

Case Information:

On 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.

On 12/10/97, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 02/23/98.

On 05/28/98, Davis filed a 3.850 Motion with the Circuit Court that was denied on 06/12/02.

On 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.

On 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.

On 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.

Floridacapitalcases.state.fl.us