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)

DC#     300807

DOB:   03/12/70


­­­­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. 


Trial Summary:


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


Appeal Summary:


Florida Supreme Court – Direct Appeal

FSC# 86,363

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

USSC# 97-8683

524 U.S. 930


04/09/98          Petition filed

06/15/98          USSC denied Petition


Circuit Court – 3.850 Motion

CC# 92-13193


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.


Case Information:


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.


Institutional Adjustment:




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