The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied 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 June1985 and was living in the parking lot of the Gandy Efficiency Apartments whenOrville Landis moved into an apartment on July 1, 1985. Davis offered tohelp Landis move in, and after they finished moving, Davis and Landis begandrinking beer together. Davis borrowed money from Landis, and witnessestestified that Landis had approximately $500 in cash that day. Davisseparately told two apartment complex residents that he planned to take moneyfrom Landis and “do him in.” Davis and Landis were later seen arguingabout money and then going into Landis’ apartment. Landis was last seenalive 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 thewindow, she observed him lying on his bed in a pool of blood. Landis’wallet was empty, except for a single dollar bill. Landis sufferedmultiple 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 thethroat); was intoxicated to a degree that impaired his ability to defendhimself; and was alive and conscious when each injury was inflicted. Evidence showed that the slashes to the throat were made with a small-bladeknife, which was broken during the attack, and the chest and back wounds weremade with a large butcher knife found at the scene.
Trial Summary:
08/18/85 Indicted as follows:
Count I First-DegreeMurder
CountII Armed Robbery
CountIII 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-DegreeMurder – Death
Count II Armed Robbery – Lifeimprisonment
CountIII 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 theFSC for reconsideration.
Florida Supreme Court – On Remand Fromthe 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 HabeasCorpus
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 HabeasCorpus
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 Petitionfiled
02/27/08 Motionfor stay granted. Petition administratively closed pending state court action.
02/11/10 Ordergranting continuation of the stay until the completion of certiorari review.
06/28/10 Motionto reopen case and lift stay
11/08/10 Motionto stay
Circuit Court – 3.850 Motion
CC# 85-8933
02/21/08 Motionfiled
07/03/08 Motiondenied
Florida Supreme Court – 3.850 Motion Appeal
FSC# 08-1808
26 So.3d 519
09/22/08 Appealfiled
11/05/09 CCdenial of 3.850 motion affirmed
01/11/10 Rehearingdenied
01/27/10 Mandateissued
U.S. Supreme Court– Petition for Writ of Certiorari
USSC# 09-10351
130 S.Ct. 3509
04/10/10 Petitionfiled
06/28/10 Petitiondenied
Factors Contributing to the Delay in Imposition ofSentence:
The direct appeal was pending from 05/13/87 – 09/05/91, andthe 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 FloridaSupreme Court, citing the following errors: the heinous, atrocious, orcruel murder aggravating circumstance was unconstitutionally vague;insufficient evidence to support the cold, calculated, and premeditated murderaggravating circumstance; allowing victim’s daughter to read a victim impactstatement; admitting a videotape and color photograph of the crime scene;limitations placed upon Davis’ actions as co-counsel; and Davis was absent fromthe courtroom during jury challenges. Three other errors, each of whichfocused on comments made during the trial, were cited by Davis but were notcommented upon by the court. The FSC affirmed the convictions andsentences on 09/05/91.
On 01/28/92, Davis filed a Petition for Writ of Certiorariwith the U.S. Supreme Court that was granted on 06/29/92. The USSCvacated the death sentence and remanded the case to the FSC to reconsider thedirect 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 theheinous, atrocious, or cruel aggravating circumstance was constitutionallyinadequate.
On 04/08/93, the FSC affirmed the death sentence.
On 11/18/93, Davis filed a Petition for Writ of Certiorariwith the U.S. Supreme Court, which was denied on 02/28/94.
On 07/17/95, Davis filed a 3.850 Motion with the CircuitCourt 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 theFlorida Supreme Court, raising the following issues: ineffective assistance ofcounsel and Brady & Giglio claims. On10/20/05, the FSC affirmed the denial of the motion.
On 04/30/04, Davis filed a Petition for Writ of HabeasCorpus with the Florida Supreme Court, raising the following issues: improperarguments by the State, improper jury instructions, and insufficient evidenceto support a conviction and aggravating circumstances. On 10/20/05, theFSC denied the petition.
On 01/18/06, Davis filed a Petition for Writ of Certiorariwith the U.S. Supreme Court, which was dismissed on 03/30/06.
On 02/28/06, Davis filed a Petition for Writ of HabeasCorpus with the Florida Supreme Court, which was denied on 06/09/06.
On 07/03/06, Davis filed a Petition for Writ of Certiorariwith the U.S. Supreme Court, which was denied on 10/02/06.
On 04/19/07, Davis filed a Petition for Writ of HabeasCorpus with the United States District Court. On 02/27/08, a motion for stay wasgranted and the petition was administratively closed pending state courtaction. On 02/11/10, the USDC granted a continuation of the stay until thecompletion of certiorari review. On 06/28/10, a motion to reopen the case andlift the stay was filed. On 11/08/10, Davis filed another motion to stayproceedings. That motion is pending.
On 02/21/08, Davis filed a 3.850 Motion in the state circuitcourt, which was denied on 07/03/08.
On 09/22/08, Davis filed a 3.850 Motion Appeal with theFlorida Supreme Court, which was denied on 11/05/09.
On 04/10/10, Davis filed a Petition for Writ of Certiorariwith the U.S. Supreme Court, which was denied on 06/28/10.
Institutional Adjustment:
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONSAGAINST THE INMATE
FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAINTIME DAYS LOST.
DATE DAYS VIOLATION LOCATION
07/12/89 45 POSS OFWEAPONS 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.
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Report Date: 10/18/01 JFL
Approved: 12/03/01 WS
Updated: 11/10/10 JJK