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Don William DAVIS

 
 
 
 
 

 

 

 

 
 
 
Classification: Murderer
Characteristics: Robbery
Number of victims: 1
Date of murder: October 12, 1990
Date of birth: November 23, 1962
Victim profile: Jane Martha Daniels, 62
Method of murder: Shooting (.44 caliber Magnum revolver)
Location: Benton County, Arkansas, USA
Status: Sentenced to death on March 6, 1992
 
 
 
 
 

United States Court of Appeals
For the Eight Circuit

 

opinion 04-2192

 
 
 
 
 
 

Don Davis was sentenced to death for the 1990 execution-style killing of Jane Daniels of Rogers, Arkansas.

Committing a series of burglaries, Don William Davis broke into the Rogers home of Jane Martha Daniel, 62, on Oct. 12, 1990. Using a .44 caliber Magnum revolver he had stolen earlier, he shot her once in the head in a storeroom in her house.

Richard Daniel found his wife dead in the basement when he returned home that night from a business trip. Davis was arrested in New Mexico after his roommates went to the police with their suspicions about his involvement. Most of the stolen objects were recovered and traced back to Davis. 

A jury convicted Davis of capital murder March 6, 1992. Davis had a previous execution date set in November 1999.

UPDATE:

Federal judge Susan Seber Wright granted Davis a stay to pursue claims that lethal injection is cruel and unusual punishment. 

UPDATE:

The U.S. Supreme Court refused Wednesday to intervene in the case of convicted killer Don Davis, whose execution had been put on hold by a lower court judge. Attorneys for the state had asked the court to void the lower court's stay so Davis' execution could go forward. The court denied the request, said spokesman Ed Turner, and did not comment on the decision. Davis, 43, was condemned to die for the 1990 execution-style slaying of Jane Daniels. A federal judge in Little Rock last week granted Davis' request for a stay. Davis claims that Arkansas, which uses lethal injection, executes prisoners in a cruel and unusual manner in violation of the U.S. Constitution. Davis joined a lawsuit filed by another death row inmate, Terrick Nooner. In court filings, the state has said that Davis joined the suit late - two months before his scheduled execution - and that he was simply trying to avoid the execution. Under a death warrant signed by Gov. Mike Huckabee, Arkansas prison officials faced a midnight deadline to execute Davis.

 
 

Court issues stay of execution for Davis

ArkansasOnline.com

April 12, 2010

The Arkansas Supreme Court issued a stay of execution Monday afternoon, hours before Don Davis was to die by lethal injection.

The state Department of Correction said justices intervened amid a question over whether the Legislature properly left execution policies in the hands of prison officials.

Davis, 47, was convicted of breaking into a home in Northwest Arkansas in 1990 and killing a woman who lived there is to die by lethal injection Monday night.

Davis has been on death row since his conviction in 1992. Prosecutors said Davis burglarized a Rogers home next door to Jane Daniel’s home on Oct. 12, 1990, and stole a variety of items, including a .44-caliber Redhawk Magnum revolver. He then used the gun, which was later found in Davis’ Bentonville home, to murder Daniel, execution style.

Daniel’s husband arrived home from a business trip later the night of the killing. He found a Kool cigarette butt in a kitchen rice bowl and his wife lying dead in a nearby pantry.

Davis was arrested in Las Vegas, where officers said he asked for Kool brand cigarettes.

Earlier, Department of Correction spokeswoman Dina Tyler said prison officials were preparing as though the 9 p.m. execution would go forward.

However, the Friday ruling by a three-judge panel of the 8th U.S. Circuit Court of Appeals that lifted Davis’ stay was on a 2-1 vote. The dissenting judge argued that the stay should endure because of Davis’ challenge to a state policy allowing changes in the execution protocol.

“The stay should remain in effect until that issue can be resolved,” wrote Judge Michael J. Melloy.

Witnesses testified at Davis’ trial that they saw Davis with stolen goods from the two houses. One of Davis’ roommates testified Davis had a gun in a white towel in his car. The roommate said Davis warned her that if she touched the towel “it would be (her) death sentence.”

Arkansas last executed a prisoner in November 2005, when convicted killer Eric Nance died by lethal injection.

Excluding Davis, there are 39 people on Arkansas’ death row.

Davis had been set for execution on Nov. 8, but won a stay because of a court challenge in Kentucky that claimed the lethal injection procedure was cruel and unusual. The U.S. Supreme Court ruled against the inmates.

Stacey Eugene Johnson, 40, is scheduled to be executed by lethal injection on May 4. Like Davis, his stay was lifted in a 2-1 ruling by a panel of the 8th Circuit. Johnson’s lawyer, Jeff Rosenzweig, said he would seek a new hearing.

A spokesman for Gov. Mike Beebe said it planned to set a new date for Jones soon after receiving a letter from Attorney General Dustin McDaniel saying Jones had exhausted his appeals.

In 1995, Davis was among death row inmates caught when state police investigated a gang of killers on death row who managed to smuggle drugs, weapons, alcohol and tools into death row. The tools included wire cutters, pliers and a hacksaw blade, and troopers also found a priest’s cassock and the white top to a karate uniform.

 
 

DON WILLIAM DAVIS

General Information

DOB: November 23, 1962
Race: White
Gender: Male

Crime and Trial

County of conviction: Benton
Number of counts: 1
Race of victim: White
Gender of victim: Female
Date of crime: October 12, 1990
Date of sentencing: March 6, 1992

Trial Counsel:

Joel Huggins
Charles Duell

Legal status

Current proceedings:

  • 1983 Challenge to Lethal Injection in E.D. of Arkansas

Last judicial decision:

  • Stay of Execution based on Lethal Injection Claim by E.D. of Arkansas, June 26, 2006, Dansby v. Norris, Case No. 5:06-Cv-00110-SWW.

Reported Opinions:

  • Stay of Execution based on Lethal Injection Claim by E.D. of Arkansas, June 26, 2006, Dansby v. Norris, Case No. 5:06-Cv-00110-SWW.
     

  • Eighth Circuit's affirmance of district court's denial of habeas September 14, 2005, Case No. 04-2192.  Davis v. Norris, 423 F.3d 868 (8th Cir. 2005).
     

  • Stay of execution dissolved by Davis v. State, 53 S.W.3d 46 (Ark. 2001).
     

  • Denial of post-conviction relief affirmed by Davis v. State, 44 S.W.3d 726 (Ark. 2001).
     

  • Conviction and sentence affirmed on direct appeal by Davis v. State, 863 S.W.2d 259 (Ark. 1993), cert. denied, 511 U.S. 1026 (1994).

Significant legal issues:

  • Lethal Injection Challenge
     

  • Ake and IAC claim stemming from trial court's refusal to appoint an independent psychiatric examiner to assist with the penalty phase defense
     

  • psychiatrist's testimony during penalty phase that he did not have the opportunity to interview Mr. Davis because he invoked his right to remain silent

  


 


Don William Davis

 

 

 
 
 
 
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