Davis Eddie 097852 CCRC-M Case Summary
5/1/2008 USDC 04-2549 Response
5/28/2008 USDC 04-2549 Reply
3/30/2009 USDC 04-2549 Denied
9/10/2009 USCA 09-11907 COA denied
12/10/2009 USSC 09-8065 Cert Writ
2/22/2010 USSC 09-8065 Cert denied
Kiley Richard E. Tampa, FL 3801 Corporex Park Dr Ste 210 33619 813/740-3544
Kiley 94-1248 Andrews Polk Middle
DAVIS, Eddie (W/M)
Tenth Judicial Circuit, Polk County Case # 94-1248
Sentencing Judge: The Honorable Daniel True Andrews
Attorney, Trial: Austin Maslanik & Robert Norgard –Assistant Public Defender
Attorney, Direct Appeal: Robert Moeller – Assistant PublicDefender
Attorney, Collateral Appeals: Richard Kiley &James Viggiano – CCRC-M
Eddie Davis was living in a house with Beverly Shultz andher two daughters, Crystal and Kimberly. On the evening of 03/03/94,11-year-old Kimberly was asleep in her mother's bed, when she was awakened byDavis. Davis put his hand over her mouth and led her to the living room,where he gagged her with a rag so she could not yell. Davis and Kimberlyjumped a fence and went in to the adjacent trailer park where Davis formerlylived. While in Davis' trailer, he attempted to insert his penis into hervagina, and when this failed, he inserted two fingers. Davis then tookKimberly to the nearby Moose Lodge, where he struck her several times and thenplaced a piece of plastic over her mouth. Kimberly struggled and rippedthe plastic, but Davis held it over her mouth and nose until she stoppedmoving. He then disposed of the body in a dumpster and left.
Kimberly's body was found on the afternoon of03/04/94. The body had numerous bruises, the area between the vagina andanus had been lacerated, and the cause of death was determined to bestrangulation.
At the time of the offense, Davis was on control releasesupervision, which the trial court and FSC determined to be analogous toimprisonment. The trial court and the FSC found this to be an aggravatingcircumstance at the penalty phase of the trial.
Davis had an extensive criminal record at the time of theoffense. The following is Davis' current and prior prison history,covering periods of incarceration with the Florida Department of Correctionssince January 1983.
BURGUNOCCSTRUC/CV OR ATT.
BURGLARY TOOLS-POSSESS
1ST DG MUR/PREMED. OR ATT.
BURGLARY ASSAULT ANY PERSON
KIDNAP MINOR,EXPLOITATION
SEX BAT BY ADULT/VCTM UNDER 12
GRAND THEFT FIREARM
BURG/DWELL/OCCUP.CONVEY
GRAND THEFT,$300 LESS &20,000
Count I First-DegreeMurder
Count II Burglary with Assault
Count III Kidnapping of a Child Under 13
Count IV Sexual Battery of a ChildUnder 12
06/09/95 Jury recommended a death sentence by a vote of 12-0
Count I First-DegreeMurder – Death
Count II Burglary with Assault –19 years
Count III Kidnapping of a Child – 19years
Count IV Sexual Battery of a Child –Life
USDC# 04-2549
United States Court of Appeals, 11th Circuit – HabeasAppeal
09/10/09 COA denied
The 3.850 Motion was pending from 05/28/98 – 06/12/02.
On 07/24/95, Davis filed a Direct Appeal with the FloridaSupreme Court, citing the following trial court errors: admission of statementsto the police; allowing the jury to hear the 911 tape of Beverly Shultz afterdiscovering that her daughter was missing; the State improperly injectedirrelevant matters and improper argument to exploit the emotions of the jury;overruling defense objections to jury instructions on reasonable doubt and premeditatedmurder; permitting the State's mental health expert to examine Davis in orderto rebut Davis' mental health expert; jury recommendation tainted by trialerrors; denying proposed jury instructions on non-statutory mitigatingcircumstances; improper jury instructions and insufficient evidence foraggravating circumstances of avoiding arrest and heinous, atrocious, orcruel circumstances; and finding that Davis' control release status was similarto being under a sentence of imprisonment, and therefore an aggravatingcircumstance. The FSC affirmed the convictions and sentences on 06/05/97.
On 12/10/97, Davis filed a Petition for Writ of Certiorariwith the U.S. Supreme Court that was denied on 02/23/98.
On 05/28/98, Davis filed a 3.850 Motion with the CircuitCourt that was denied on 06/12/02.
On 07/18/02, Davis filed a 3.850 Motion Appeal with theFlorida Supreme Court, citing allegations of ineffective assistance ofcounsel. On 11/20/03, the FSC affirmed the denial of the 3.850Motion.
On 12/02/02, Davis filed a Petition for Writ of HabeasCorpus with the Florida Supreme Court, citing allegations of ineffectiveassistance of counsel. On 11/20/03, the FSC denied the Petition.
On 11/23/04, Davis filed a Petition for Writ of Habeas Corpuswith the U.S. District Court, Middle District. This petition was deniedon 03/30/09.
On 12/10/09, Davis filed a Petition for Writ of Certiorariwith the U.S. Supreme Court, which was denied on 02/22/10.
THE FOLLOWING ENTRIES REFLECT DISCIPLINARY ACTIONSAGAINST THE INMATE FOR VIOLATION OF THE RULE CITED AND INDICATE THE GAIN TIMEDAYS LOST.
04/05/89 165 ESCAPE ORATTEMPT DADE C.I.
10/21/89 45 UNAUTHORIZED ABSENCE MARTIN C. I.
12/09/89 90 POSS OF UNAUTHBEV. MARTIN C.I.
01/30/90 180 ESCAPE ORATTEMPT MARTIN C.I.
02/05/90 30 DISOBEYINGORDER MARTIN C.I.
04/10/90 60 DISOBEYING ORDER MARTIN C. I.
01/25/91 0 DISRESP.TO OFFICIALS UNION C.I.
07/28/91 30 DISOBEYINGORDER CROSS CITY C. I.
08/03/91 30 BEING IN UNAUTH AREA CROSS CITY C. I.
08/03/91 30 POSS OFCONTRABAND CROSS CITY C. I.
Updated: 03/23/10 KKR