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, 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 AssistantPublic 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 1992until 12/09/92.  On 12/09/92, Gwen Cunningham left her two-year-olddaughter, Caleasha, in the care of Davis while she ran an errand.  Anacquaintance of Davis, Thomas Moore, arrived at the apartment around 12:45p.m.  Davis answered the door with Caleasha draped over his arm. Davis told Moore that Caleasha had choked on a French fry, and while Moorecalled 911, Davis gave Caleasha mouth-to-mouth resuscitation.  Prior tothe 911 call, neighbors reported hearing thumping noises and Davis’ raisedvoice coming from the apartment. 

Caleasha was wet, unconscious, and had blood in her mouthwhen she was examined at the apartment.  She was naked from the waistdown, although she was fully clothed when Gwen Cunningham left theapartment.  Caleasha was revived, but later died on 12/10/92.

The emergency room doctor who examined Caleasha noticedbruising, swelling of the brain, and pools of blood in the skull, as well asinjuries that suggested vaginal penetration by a penis, finger, or otherobject.  The cause of death was cerebral hemorrhage, caused by four blowsto the head. 

Caleasha’s hair bow was found in the bed and her blood wasfound 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           AggravatedChild Abuse

                                  Count III          Sexual Batteryof 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           AggravatedChild Abuse – 10 years

                                  Count III          Sexual Batteryof 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 ofSentence:

The 3.850 Motion has been pending since 05/03/99.

Case Information:

On 08/29/95, Davis filed a Direct Appeal with the FloridaSupreme Court, citing the following trial court errors:  denial of motionto remove counsel before trial; denial of motion for judgment of acquittal; sexualbattery conviction should be reversed; admitting victim impact evidence;considering and finding the heinous, atrocious, or cruel aggravatingcircumstance when the jury did not consider it; finding that the murder wascommitted during a violent felony aggravator; disproportionate sentencing incomparison to other cases.  The FSC affirmed the convictions and sentenceson 11/06/97.

On 04/09/98, Davis filed a Petition for Writ of Certiorariwith the U.S. Supreme Court that was denied on 06/15/98.

On 05/03/99, Davis filed a 3.850 Motion with the CircuitCourt and amended the Motion on 05/06/04, 07/01/05, and 07/27/06.  TheMotion is pending.

Institutional Adjustment:

THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONSAGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIMEDAYS LOST.

DATE     DAYS                   VIOLATION                                       LOCATION      

08/15/97    180                     UNAUTH USE OF DRUGS               UNION C.I.        

06/08/98      0                       FIGHTING                                 UNIONC.I.-MED.FAC.

11/30/00     30                      DEST. OF STATEPROP.                   UNION C.I.         

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Report Date:    10/18/01          JFL

Approved:       12/03/01          WS

Updated:         07/30/09         KKR