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, Mark (W/M)

DC#    106014

DOB:   10/03/63

Sixth Judicial Circuit, Pinellas County Case # 85-8933

Sentencing Judge: The Honorable Thomas E. Penick, Jr.

Attorney, Trial: John Thor White – Private

Attorney, Direct Appeal: Pro Se, Aubrey O. Dicus, Jr. and Margie I. Fraley – Private

Attorney, Collateral Appeals: Linda McDermott – Registry

Date of Offense:           07/01/85

Date of Sentence:         01/30/87

Circumstances of Offense:

Mark Davis came to St. Petersburg, Florida during late June 1985 and was living in the parking lot of the Gandy Efficiency Apartments when Orville Landis moved into an apartment on July 1, 1985.  Davis offered to help Landis move in, and after they finished moving, Davis and Landis began drinking beer together.  Davis borrowed money from Landis, and witnesses testified that Landis had approximately $500 in cash that day.  Davis separately told two apartment complex residents that he planned to take money from Landis and “do him in.”  Davis and Landis were later seen arguing about money and then going into Landis’ apartment.  Landis was last seen alive at approximately 8:30 p.m.  Davis was last seen around midnight, leaving in Landis’ car. 

A concerned neighbor had Landis’ window opened, and from the window, she observed him lying on his bed in a pool of blood.  Landis’ wallet was empty, except for a single dollar bill.  Landis suffered multiple stab wounds to the back, chest, and neck; multiple blows to the face; was choked or hit with sufficient force to break the hyoid bone (a bone in the throat); was intoxicated to a degree that impaired his ability to defend himself; and was alive and conscious when each injury was inflicted.  Evidence showed that the slashes to the throat were made with a small-blade knife, which was broken during the attack, and the chest and back wounds were made with a large butcher knife found at the scene. 

Trial Summary:

08/18/85          Indicted as follows:

                                    Count I             First-Degree Murder

                                    Count II           Armed Robbery

                                    Count III          Grand Theft

11/08/85          Entered plea of not guilty

01/20/87          Jury returned guilty verdicts on all counts of the indictment

01/23/87          Jury recommended a death sentence by a vote of 8-4

01/30/87          Sentenced as follows:

                                    Count I            First-Degree Murder – Death

                                    Count II           Armed Robbery – Life imprisonment

                                    Count III          Grand Theft – 5 years

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 70,551

586 So. 2d 1038

05/13/87          Appeal filed

09/05/91          FSC affirmed convictions and sentences

10/30/91          Rehearing denied

12/02/91          Mandate issued

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

USSC# 91-7273

505 U.S. 1216

01/28/92          Petition filed

06/29/92          USSC granted Petition, vacated the death sentence, and remanded the case to the FSC for reconsideration. 

Florida Supreme Court – On Remand From the U.S. Supreme Court

FSC# 70,551

620 So. 2d 152

04/08/93          FSC affirmed the death sentence

06/24/93          Rehearing denied

07/26/93          Mandate issued

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

USSC# 93-6817

510 U.S. 1170

11/18/93          Petition filed

02/28/94          USSC denied the petition

Circuit Court – 3.850 Motion

CC# 85-8933

07/17/95          Motion filed

06/26/98          Motion amended

03/28/02          Circuit Court denied Motion

Florida Supreme Court – 3.850 Motion Appeal

FSC# 02-1424

915 So. 2d 95

06/26/02          Appeal filed

10/20/05          FSC affirmed the denial of the motion

12/19/05          Mandate issued

02/22/06          Mandate vacated

04/07/06          Rehearing denied

04/24/06          Mandate issued

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 04-705

915 So. 2d 95

04/30/04          Petition filed

10/20/05          FSC denied the petition

12/19/05          Mandate issued

02/22/06          Mandate vacated

04/07/06          Rehearing denied

04/24/06          Mandate issued

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

USSC# 05-8805

126 S. Ct. 1649

01/18/06          Petition filed

03/30/06          USSC dismissed petition

Florida Supreme Court – Petition for Writ of Habeas Corpus

FSC# 06-394

933 So.2d 1153

02/28/06          Petition filed

06/09/06          FSC denied petition

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

USSC# 06-5100

127 S. Ct. 206

07/03/06          Petition filed

10/02/06          USSC denied petition

United States District Court, Middle District – Petition for Writ of Habeas Corpus

USDC# 07-00676

(Pending)

04/19/07 Petition filed

02/27/08 Motion for stay granted. Petition administratively closed pending state court action.

02/11/10 Order granting continuation of the stay until the completion of certiorari review.

06/28/10 Motion to reopen case and lift stay

11/08/10 Motion to stay

Circuit Court – 3.850 Motion

CC# 85-8933

02/21/08 Motion filed

07/03/08 Motion denied

Florida Supreme Court – 3.850 Motion Appeal

FSC# 08-1808

26 So.3d 519

09/22/08 Appeal filed

11/05/09 CC denial of 3.850 motion affirmed 

01/11/10 Rehearing denied

01/27/10 Mandate issued

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

USSC# 09-10351

130 S.Ct. 3509

04/10/10 Petition filed

06/28/10 Petition denied

Factors Contributing to the Delay in Imposition of Sentence:

The direct appeal was pending from 05/13/87 – 09/05/91, and the 3.850 motion was pending from 07/17/95 – 03/23/02.

Case Information:

On 05/13/87, Davis filed a Direct Appeal with the Florida Supreme Court, citing the following errors:  the heinous, atrocious, or cruel murder aggravating circumstance was unconstitutionally vague; insufficient evidence to support the cold, calculated, and premeditated murder aggravating circumstance; allowing victim’s daughter to read a victim impact statement; admitting a videotape and color photograph of the crime scene; limitations placed upon Davis’ actions as co-counsel; and Davis was absent from the courtroom during jury challenges.  Three other errors, each of which focused on comments made during the trial, were cited by Davis but were not commented upon by the court.  The FSC affirmed the convictions and sentences on 09/05/91. 

On 01/28/92, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court that was granted on 06/29/92.  The USSC vacated the death sentence and remanded the case to the FSC to reconsider the direct appeal of the death sentence in light of the opinion in Espinosa v. Florida.  In Espinosa, the USSC declared that Florida’s standard jury instruction for the heinous, atrocious, or cruel aggravating circumstance was constitutionally inadequate.

On 04/08/93, the FSC affirmed the death sentence.

On 11/18/93, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which was denied on 02/28/94.

On 07/17/95, Davis filed a 3.850 Motion with the Circuit Court that was amended on 06/26/98 and denied on 03/28/02.

On 06/26/02, Davis filed a 3.850 Motion Appeal with the Florida Supreme Court, raising the following issues: ineffective assistance of counsel and Brady & Giglio claims.  On 10/20/05, the FSC affirmed the denial of the motion.

On 04/30/04, Davis filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court, raising the following issues: improper arguments by the State, improper jury instructions, and insufficient evidence to support a conviction and aggravating circumstances.  On 10/20/05, the FSC denied the petition.

On 01/18/06, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which was dismissed on 03/30/06.

On 02/28/06, Davis filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court, which was denied on 06/09/06.

On 07/03/06, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which was denied on 10/02/06.

On 04/19/07, Davis filed a Petition for Writ of Habeas Corpus with the United States District Court. On 02/27/08, a motion for stay was granted and the petition was administratively closed pending state court action. On 02/11/10, the USDC granted a continuation of the stay until the completion of certiorari review. On 06/28/10, a motion to reopen the case and lift the stay was filed. On 11/08/10, Davis filed another motion to stay proceedings. That motion is pending.

On 02/21/08, Davis filed a 3.850 Motion in the state circuit court, which was denied on 07/03/08.

On 09/22/08, Davis filed a 3.850 Motion Appeal with the Florida Supreme Court, which was denied on 11/05/09.

On 04/10/10, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court, which was denied on 06/28/10.

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    

07/12/89     45                        POSS OF WEAPONS                          FLORIDA STATE PRISON

07/08/90     30                        POSS OF CONTRABAND                 FLORIDA STATE PRISON

12/28/94      0                         POSS OF NARCOTICS                       UNION C. I.

06/10/96      0                         DEST. OF ST. PROP. UNION C.I.-MED.FAC.

05/26/99    180                       UNAUTH USE OF DRUGS                UNION C. I.

________________________________________________________________________

Report Date: 10/18/01 JFL

Approved: 12/03/01 WS

Updated: 11/10/10 JJK