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
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 that 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 that was dismissed on 03/30/06.
On
02/28/06, Davis filed a Petition for Writ of Habeas Corpus with the
Florida Supreme Court that was denied on 06/09/06.
On
07/03/06, Davis filed a Petition for Writ of Certiorari with the U.S.
Supreme Court on 07/03/06 that is pending.
Floridacapitalcases.state.fl.us
