Henry Alexander Davis

Case identification

Henry Alexander Davis was tried in the Tenth Judicial Circuit, Polk County. The case was listed as Case # 87-1347. The trial record referenced Supreme Court of Florida opinions 75467, 80972, and SC 0 2 - 803 DC# 358319. Davis’s date of birth was 04/25/65.

Timeline

• 03/18/87 — The body of Joyce Ezell, 73, was discovered in the foyer of her home; she had suffered twenty-one stab wounds.
• 01/09/90 — Davis’s jury returned guilty verdicts on all counts of the indictment.
• 01/11/90 — The jury recommended a death sentence by a vote of 12-0.
• 01/12/90 — Davis was sentenced: Count I first-degree murder—death; Count II armed robbery—life imprisonment; Count III burglary—life imprisonment.
• 05/17/88 — Davis was found incompetent to stand trial because he had performed poorly on certain tests and had no recollection of events on the day of the murder; he was sent to Florida State Hospital for treatment and evaluation for nine months.
• 11/17/92 — Davis was resentenced to death.
• 07/16/92 — The Florida Supreme Court vacated Davis’s death sentence due to insufficient evidence of an aggravating circumstance and improper doubling of two aggravating circumstances; the case was remanded for reweighing and resentencing.
• 11/10/94 — The Florida Supreme Court affirmed the death sentence.
• 02/01/90 — Davis filed a direct appeal with the Florida Supreme Court citing trial court errors.
• 12/28/92 — Davis filed a direct appeal with the Florida Supreme Court after resentencing, citing circuit court errors.
• 05/02/95 — Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 10/02/95 — The U.S. Supreme Court denied the Petition for Writ of Certiorari.
• 03/17/97 — Davis filed a 3.850 motion with the circuit court; he amended the motion on 03/23/00.
• 03/12/02 — The 3.850 motion was denied in part and granted in part; a new sentencing hearing was ordered.
• 04/08/02 — The State filed a 3.850 motion appeal, and Davis filed a cross-appeal with the Florida Supreme Court.
• 02/04/03 — Davis filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 02/19/04 — The Florida Supreme Court determined Davis received ineffective assistance of counsel through trial counsel’s blatant expressions of racial prejudice and ordered a retrial; it also determined the issues in the habeas petition were moot due to the retrial order.
• 02/19/04 — The Florida Supreme Court’s determinations regarding ineffective assistance of counsel and mootness were issued.

Background

Joyce Ezell, aged 73, was murdered on the evening of 03/18/87. Her body was discovered in the foyer of her home.

At the time of the murder, Henry Alexander Davis had an extensive criminal record.

Davis’s trial counsel was Dan Brawley (Private Attorney). Davis’s direct appeal counsel was Robert F. Moeller (Assistant Public Defender Attorney). Davis’s collateral appeals counsel was Marie Parmer (CCRC-M).

The offence

On the evening of 03/18/87, the body of Joyce Ezell was discovered in the foyer of her home. Ezell had suffered twenty-one stab wounds.

There were no signs of forced entry into the home and several items were missing. The missing items included silver serving pieces, Ezell’s purse and wallet, a pearl-handled pistol, rare coins, jewelry, and Ezell’s car.

A neighbor saw a black man, later identified as Henry Davis, approach Ezell’s house around 7:15 a.m. on 03/18/87. Davis had done yard work at her house with his stepfather.

The day after the murder, Ezell’s car was found in a nearby sinkhole. Fingerprints taken from the car and inside the house belonged to Davis.

John Johnson, an acquaintance of Davis, testified that he took Davis to a pawn shop the morning after the murder so that Davis could pawn a ring and an old pistol. The ring and pistol were later identified as belonging to Ezell.

Investigation and competency proceedings

On 05/17/88, Davis was found incompetent to stand trial because he had performed poorly on certain tests and had no recollection of events on the day of the murder. Davis was sent to Florida State Hospital, where he was treated and evaluated for nine months. After his release, Davis was evaluated again and was found to be competent to stand trial.

Charges and trial

Davis was indicted on 04/09/87 with the following counts:

• Count I — First-Degree Murder
• Count II — Armed Robbery
• Count III — Burglary

On 01/09/90, the jury returned guilty verdicts on all counts of the indictment.

On 01/11/90, the jury recommended a death sentence by a vote of 12-0.

Sentencing

On 01/12/90, Davis was sentenced as follows:

• Count I (First-Degree Murder) — Death
• Count II (Armed Robbery) — Life imprisonment
• Count III (Burglary) — Life imprisonment

On 11/17/92, Davis was resentenced to death.

Appeals

Direct appeal after original sentencing

Davis filed a direct appeal with the Florida Supreme Court on 02/01/90. He cited the following trial court errors:

• State alleged that Davis had been involved in other criminal activity
• improper questioning by the State during the penalty phase
• denial of a motion for mistrial
• unsupported aggravating circumstances (“heinous, atrocious, or cruel murder” and “murder committed for the purpose of avoiding arrest”)

On 07/16/92, the Florida Supreme Court vacated Davis’s death sentence due to insufficient evidence of an aggravating circumstance (“murder committed for the purpose of avoiding arrest”) and improper doubling of two aggravating circumstances (“murder committed during a burglary” and “murder for pecuniary gain”). The case was remanded to the trial court to reweigh the evidence without those aggravating circumstances and resentence Davis.

Direct appeal after resentencing

After resentencing, Davis filed a direct appeal with the Florida Supreme Court on 12/28/92. He cited the following circuit court errors:

• inconsistent use of the heinous, atrocious, or cruel murder aggravating circumstance
• failure to follow the Florida Supreme Court’s resentencing mandate by not allowing for a new penalty phase jury
• improper penalty phase jury instructions
• disproportionate sentencing compared to other cases

The Florida Supreme Court affirmed the death sentence on 11/10/94.

Petition for certiorari

Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court on 05/02/95. The petition was denied on 10/02/95.

Collateral proceedings

Davis filed a 3.850 motion with the circuit court on 03/17/97 and amended it on 03/23/00.

The 3.850 motion was denied in part and granted in part on 03/12/02, and the circuit court ordered a new sentencing hearing.

The State filed a 3.850 motion appeal and Davis filed a cross-appeal with the Florida Supreme Court on 04/08/02. The issues raised by Davis focused on allegations of ineffective assistance of counsel.

On 02/19/04, the Florida Supreme Court determined that Davis received ineffective assistance of counsel through trial counsel’s blatant expressions of racial prejudice, which affected the outcome of the trial. The Florida Supreme Court ordered a retrial for Davis.

Davis filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court on 02/04/03, citing allegations of ineffective assistance of counsel. On 02/19/04, the Florida Supreme Court determined that the issues raised in the petition were moot due to the retrial order in the 3.850 motion appeal.