The Commission on Capital Cases updates this information regularly

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, Eddie (W/M)

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 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.

Davis had an extensive criminal record at the time of the offense. The following is Davis’ current and prior prison history, covering periods of incarceration with the Florida Department of Corrections since January 1983.

Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
09/30/1984	BURGUNOCCSTRUC/CV OR ATT.	03/11/1988	POLK	8404335	5Y 0M 0D
05/28/1987	BURGUNOCCSTRUC/CV OR ATT.	03/11/1988	POLK	8702449	5Y 0M 0D
05/28/1987	GRAND THEFT MOTOR VEHICLE	03/11/1988	POLK	8702449	5Y 0M 0D
05/28/1987	BURGLARY TOOLS-POSSESS	03/11/1988	POLK	8702449	5Y 0M 0D
03/03/1994	1ST DG MUR/PREMED. OR ATT.	06/30/1995	POLK	9401248	DEATH SENTENCE
03/03/1994	BURGLARY ASSAULT ANY PERSON	06/30/1995	POLK	9401248	19Y 0M 0D
03/03/1994	KIDNAP MINOR,EXPLOITATION	06/30/1995	POLK	9401248	19Y 0M 0D
03/03/1994	SEX BAT BY ADULT/VCTM UNDER 12	06/30/1995	POLK	9401248	SENTENCED TO LIFE

Offense Date	Offense	Sentence Date	County	Case No.	Prison Sentence Length
05/23/1983	BURGUNOCCSTRUC/CV OR ATT.	04/24/1985	POLK	8500763	3Y 0M 0D
05/23/1983	GRAND THEFT FIREARM	04/24/1985	POLK	8500763	3Y 0M 0D
05/23/1983	BURGUNOCCSTRUC/CV OR ATT.	04/24/1985	POLK	8500764	3Y 0M 0D
03/12/1984	BURG/DWELL/OCCUP.CONVEY	04/24/1985	POLK	8404332	3Y 0M 0D
03/12/1984	GRAND THEFT FIREARM	04/24/1985	POLK	8404332	3Y 0M 0D
09/28/1984	BURGUNOCCSTRUC/CV OR ATT.	04/24/1985	POLK	8404497	3Y 0M 0D
09/28/1984	GRAND THEFT,$300 LESS &20,000	04/24/1985	POLK	8404497	3Y 0M 0D
09/28/1984	BURGUNOCCSTRUC/CV OR ATT.	04/24/1985	POLK	8500761	3Y 0M 0D
09/28/1984	GRAND THEFT,$300 LESS &20,000	04/24/1985	POLK	8500761	3Y 0M 0D
09/28/1984	BURGUNOCCSTRUC/CV OR ATT.	04/24/1985	POLK	8500762	3Y 0M 0D
09/28/1984	GRAND THEFT,$300 LESS &20,000	04/24/1985	POLK	8500762	3Y 0M 0D
09/29/1984	BURGUNOCCSTRUC/CV OR ATT.	04/24/1985	POLK	8404336	3Y 0M 0D
09/29/1984	BURG/DWELL/OCCUP.CONVEY	04/24/1985	POLK	8404337	3Y 0M 0D
09/29/1984	GRAND THEFT,$300 LESS &20,000	04/24/1985	POLK	8404337	3Y 0M 0D
09/30/1984	BURGUNOCCSTRUC/CV OR ATT.	04/24/1985	POLK	8404338	3Y 0M 0D
09/30/1984	GRAND THEFT,$300 LESS &20,000	04/24/1985	POLK	8404338	3Y 0M 0D
09/30/1984	BURG/DWELL/OCCUP.CONVEY	04/24/1985	POLK	8404408	3Y 0M 0D
09/30/1984	GRAND THEFT,$300 LESS &20,000	04/24/1985	POLK	8404408	3Y 0M 0D
10/05/1984	BURGUNOCCSTRUC/CV OR ATT.	04/24/1985	POLK	8404331	3Y 0M 0D
10/05/1984	GRAND THEFT,$300 LESS &20,000	04/24/1985	POLK	8404331	3Y 0M 0D
10/23/1984	BURGUNOCCSTRUC/CV OR ATT.	04/24/1985	POLK	8404339	3Y 0M 0D
10/23/1984	GRAND THEFT,$300 LESS &20,000	04/24/1985	POLK	8404339	3Y 0M 0D
10/26/1984	BURGUNOCCSTRUC/CV OR ATT.	04/24/1985	POLK	8500760	3Y 0M 0D
10/26/1984	GRAND THEFT,$300 LESS &20,000	04/24/1985	POLK	8500760	3Y 0M 0D
11/29/1984	BURG/DWELL/OCCUP.CONVEY	04/24/1985	POLK	8404340	3Y 0M 0D
11/29/1984	GRAND THEFT,$300 LESS &20,000	04/24/1985	POLK	8404340	3Y 0M 0D

Trial Summary:

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:

Count I First-Degree Murder – Death

Count II Burglary with Assault – 19 years

Count III Kidnapping of a Child – 19 years

Count IV Sexual Battery of a Child – Life

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 86,135

698 So.2d 1182

07/24/95 Appeal filed

06/05/97 FSC affirmed convictions and sentences

09/11/97 Rehearing denied

10/13/97 Mandate issued

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 97-7188

522 U.S. 1127

12/10/97 Petition filed

02/23/98 USSC denied petition

Circuit Court – 3.850 Motion

CC# 94-1248

05/28/98 Motion filed

06/12/02 Circuit Court denied Motion

Florida Supreme Court – 3.850 Motion Appeal

FSC# 02-1580

875 So.2d 359

07/18/02 Appeal filed

11/20/03 FSC affirmed denial of 3.850 Motion

07/06/04 Mandate issued

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 02-2472

875 So.2d 359

12/02/02 Petition filed

11/20/03 FSC denied Petition

07/06/04 Mandate issued

U.S. District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 04-2549

11/23/04 Petition filed

03/30/09 Petition denied

United States Court of Appeals, 11th Circuit – Habeas Appeal

USCA# 09-11907

05/28/09 Appeal filed

09/10/09 COA denied

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 09-8065

130 S.Ct. 1530

12/10/09 Petition filed

02/22/10 Petition denied

Factors Contributing to the Delay in Imposition of Sentence:

The 3.850 Motion was pending from 05/28/98 – 06/12/02.

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. This petition was denied on 03/30/09.

On 12/10/09, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which was denied on 02/22/10.

Institutional Adjustment:

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

04/05/89 165 ESCAPE OR ATTEMPT DADE C. I.

10/21/89 45 UNAUTHORIZED ABSENCE MARTIN C. I.

12/09/89 90 POSS OF UNAUTH BEV. MARTIN C. I.

01/30/90 180 ESCAPE OR ATTEMPT MARTIN C. I.

02/05/90 30 DISOBEYING ORDER MARTIN C. I.

04/10/90 60 DISOBEYING ORDER MARTIN C. I.

01/25/91 0 DISRESP.TO OFFICIALS UNION C. I.

07/28/91 30 DISOBEYING ORDER CROSS CITY C. I.

08/03/91 30 BEING IN UNAUTH AREA CROSS CITY C. I.

08/03/91 30 POSS OF CONTRABAND CROSS CITY C. I.

________________________________________________________________________

Report Date: 10/11/01 JFL

Approved: 10/16/01 WS

Updated: 03/23/10 KKR