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, Eddie (W/M)

DC#    097852   

DOB:   09/12/68

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

Date of Offense:          03/03/94

Date of Sentence:        06/30/95

Circumstances of Offense:

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. 

Prior Incarceration History in the State of Florida:

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.

Trial Summary:

04/07/94         Indicted as follows:

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

06/01/95         Jury returned guilty verdicts on all counts of the indictment

06/09/95         Jury recommended a death sentence by a vote of 12-0

06/30/95         Sentenced as follows:

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

Appeal Summary:

Florida Supreme Court – Direct Appeal

FSC# 86,135

698 So.2d 1182

07/24/95         Appeal filed

06/05/97         FSC affirmed convictions and sentences

09/11/97         Rehearing denied

10/13/97         Mandate issued

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 97-7188

522 U.S. 1127

12/10/97         Petition filed

02/23/98         USSC denied petition

Circuit Court – 3.850 Motion

CC# 94-1248

05/28/98         Motion filed

06/12/02         Circuit Court denied Motion

Florida Supreme Court – 3.850 Motion Appeal

FSC# 02-1580

875 So.2d 359

07/18/02         Appeal filed

11/20/03         FSC affirmed denial of 3.850 Motion

07/06/04         Mandate issued

Florida Supreme Court – Petition for Writ of HabeasCorpus

FSC# 02-2472

875 So.2d 359

12/02/02         Petition filed

11/20/03         FSC denied Petition

07/06/04         Mandate issued

U.S. District Court, Middle District – Petition forWrit of Habeas Corpus

USDC# 04-2549

11/23/04         Petition filed

03/30/09         Petition denied

United States Court of Appeals, 11th Circuit – HabeasAppeal

USCA# 09-11907

05/28/09         Appeal filed

09/10/09         COA denied

U.S. Supreme Court – Petition for Writ of Certiorari

USSC# 09-8065

130 S.Ct. 1530

12/10/09         Petition filed

02/22/10          Petition denied

Factors Contributing to the Delay in Imposition ofSentence:

The 3.850 Motion was pending from 05/28/98 – 06/12/02.

Case Information:

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.

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   

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.   

________________________________________________________________________

Report Date:  10/11/01          JFL

Approved:      10/16/01          WS

Updated:        03/23/10          KKR