The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.
DAVIS, Toney (B/M)
Fourth Judicial Circuit, Duval County Case # 92-13193
Sentencing Judge: The Honorable Henry E. Davis
Attorney, Trial: Charlie Adams – Private
Attorney, Direct Appeal: Bill Salmon – Special Assistant Public Defender
Attorney, Collateral Appeals: Wayne Henderson – Registry
Date of Offense: 12/09/92
Date of Sentence: 07/18/95
Circumstances of Offense:
Toney Davis lived with Gwen Cunningham from September 1992 until 12/09/92. On 12/09/92, Gwen Cunningham left her two-year-old daughter, Caleasha, in the care of Davis while she ran an errand. An acquaintance of Davis, Thomas Moore, arrived at the apartment around 12:45 p.m. Davis answered the door with Caleasha draped over his arm. Davis told Moore that Caleasha had choked on a French fry, and while Moore called 911, Davis gave Caleasha mouth-to-mouth resuscitation. Prior to the 911 call, neighbors reported hearing thumping noises and Davis’ raised voice coming from the apartment.
Caleasha was wet, unconscious, and had blood in her mouth when she was examined at the apartment. She was naked from the waist down, although she was fully clothed when Gwen Cunningham left the apartment. Caleasha was revived, but later died on 12/10/92.
The emergency room doctor who examined Caleasha noticed bruising, swelling of the brain, and pools of blood in the skull, as well as injuries that suggested vaginal penetration by a penis, finger, or other object. The cause of death was cerebral hemorrhage, caused by four blows to the head.
Caleasha’s hair bow was found in the bed and her blood was found on the sheet, pillowcase, in the bathroom, and on the crotch of Davis’ shorts and underwear.
12/15/94 Indicted as follows:
Count I First-Degree Murder
Count II Aggravated Child Abuse
Count III Sexual Battery of a Child Under 12
05/11/95 Jury returned guilty verdicts on all counts of the indictment
06/13/95 Jury recommended a death sentence by a vote of 11-1
07/18/95 Sentenced as follows:
Count I First-Degree Murder – Death
Count II Aggravated Child Abuse – 10 years
Count III Sexual Battery of a Child Under 12 – Life
Florida Supreme Court – Direct Appeal
703 So.2d 1055
08/29/95 Appeal filed
11/06/97 FSC affirmed convictions and sentences
01/09/98 Rehearing denied
02/09/98 Mandate issued
U.S. Supreme Court – Petition for Writ of Certiorari
524 U.S. 930
04/09/98 Petition filed
06/15/98 USSC denied Petition
Circuit Court – 3.850 Motion
05/03/99 Motion filed
05/06/04 Motion amended
07/01/05 Motion amended
07/27/06 Motion amended
04/30/09 Motion amended
05/05/09 Motion amended
Factors Contributing to the Delay in Imposition of Sentence:
The 3.850 Motion has been pending since 05/03/99.
On 08/29/95, Davis filed a Direct Appeal with the Florida Supreme Court, citing the following trial court errors: denial of motion to remove counsel before trial; denial of motion for judgment of acquittal; sexual battery conviction should be reversed; admitting victim impact evidence; considering and finding the heinous, atrocious, or cruel aggravating circumstance when the jury did not consider it; finding that the murder was committed during a violent felony aggravator; disproportionate sentencing in comparison to other cases. The FSC affirmed the convictions and sentences on 11/06/97.
On 04/09/98, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was denied on 06/15/98.
On 05/03/99, Davis filed a 3.850 Motion with the Circuit Court and amended the Motion on 05/06/04, 07/01/05, and 07/27/06. The Motion is pending.
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONS AGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
08/15/97 180 UNAUTH USE OF DRUGS UNION C. I.
06/08/98 0 FIGHTING UNION C.I.-MED.FAC.
11/30/00 30 DEST. OF STATE PROP. UNION C. I.
Report Date: 10/18/01 JFL
Approved: 12/03/01 WS
Updated: 07/30/09 KKR