Mark Allen Davis

Case information

Mark Allen Davis was indicted in the Sixth Judicial Circuit, Pinellas County. The case number was 85-8933, and the DC number was 106014. Davis was born on 10/03/63.

The sentencing judge was The Honorable Thomas E. Penick, Jr. The attorney for trial was John Thor White – Private Attorney. Direct appeal counsel included Pro Se, Aubrey O. Dicus, Jr. and Margie I. Fraley – Private Attorney. Collateral appeals included Linda McDermott – Registry.

Timeline

• 07/01/85 — Date of offense.
• Late June 1985 — Davis came to St. Petersburg, Florida and was living in the parking lot of the Gandy Efficiency Apartments.
• 07/01/85 — Orville Landis moved into an apartment on July 1, 1985.
• 01/30/87 — Date of sentence.
• 08/18/85 — Indicted: 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 — Davis was sentenced: Count I First-Degree Murder – Death; Count II Armed Robbery – Life imprisonment; Count III Grand Theft – 5 years.
• 05/13/87 — Davis filed a Direct Appeal with the Florida Supreme Court.
• 09/05/91 — The Florida Supreme Court affirmed the convictions and sentences.
• 01/28/92 — Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 06/29/92 — The U.S. Supreme Court granted certiorari.
• 04/08/93 — The Florida Supreme Court affirmed the death sentence.
• 11/18/93 — Davis filed another Petition for Writ of Certiorari with the U.S. Supreme Court.
• 02/28/94 — The U.S. Supreme Court denied the petition.
• 07/17/95 — Davis filed a 3.850 Motion with the Circuit Court.
• 06/26/98 — The 3.850 Motion was amended.
• 03/28/02 — The 3.850 Motion was denied.
• 06/26/02 — Davis filed a 3.850 Motion Appeal with the Florida Supreme Court.
• 10/20/05 — The Florida Supreme Court affirmed the denial of the motion.
• 04/30/04 — Davis filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 10/20/05 — The Florida Supreme Court denied the petition.
• 01/18/06 — Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court.
• 03/30/06 — The U.S. Supreme Court dismissed the petition.
• 02/28/06 — Davis filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court.
• 06/09/06 — The Florida Supreme Court denied the habeas corpus petition.
• 07/03/06 — Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court, and it was pending as of the record.

Background

Mark Davis came to St. Petersburg, Florida during late June 1985 and was living in the parking lot of the Gandy Efficiency Apartments.

Orville Landis moved into an apartment on July 1, 1985. After Davis and Landis began interacting, Davis offered to help Landis move in. After they finished moving, Davis and Landis began drinking beer together.

The offence

Davis borrowed money from Landis, and witnesses testified that Landis had approximately $500 in cash that day.

Davis 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 opened Landis’ window. From the window, the neighbor observed Landis 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, and he was choked or hit with sufficient force to break the hyoid bone (a bone in the throat). The evidence indicated that Landis was intoxicated to a degree that impaired his ability to defend himself. The evidence also indicated that Landis 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. The chest and back wounds were made with a large butcher knife found at the scene.

Charges and plea

On 08/18/85, Davis was indicted on the following counts:

• Count I: First-Degree Murder
• Count II: Armed Robbery
• Count III: Grand Theft

On 11/08/85, Davis entered a plea of not guilty.

Trial

On 01/20/87, the jury returned guilty verdicts on all counts of the indictment.

On 01/23/87, the jury recommended a death sentence by a vote of 8-4.

Sentencing

On 01/30/87, Davis was sentenced as follows:

• Count I (First-Degree Murder): Death
• Count II (Armed Robbery): Life imprisonment
• Count III (Grand Theft): 5 years

The record identified that Davis’ trial and appellate counsel included John Thor White and also listed Pro Se for direct appeal, with Aubrey O. Dicus, Jr. and Margie I. Fraley – Private Attorney. It also listed Linda McDermott – Registry for collateral appeals.

Appeals

Direct appeal

On 05/13/87, Davis filed a Direct Appeal with the Florida Supreme Court citing these 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;
• Davis was absent from the courtroom during jury challenges.

The record also stated that three other errors, each focused on comments made during the trial, were cited by Davis but were not commented upon by the court.

The Florida Supreme Court affirmed the convictions and sentences on 09/05/91.

U.S. Supreme Court certiorari; remand

On 01/28/92, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court. The petition was granted on 06/29/92.

The U.S. Supreme Court vacated the death sentence and remanded the case to the Florida Supreme Court to reconsider the direct appeal of the death sentence in light of the opinion in Espinosa v. Florida. The record noted that in Espinosa the U.S. Supreme Court declared that Florida’s standard jury instruction for the heinous, atrocious, or cruel aggravating circumstance was constitutionally inadequate.

Florida Supreme Court reconsideration

On 04/08/93, the Florida Supreme Court affirmed the death sentence.

Additional U.S. Supreme Court certiorari

On 11/18/93, Davis filed a Petition for Writ of Certiorari with the U.S. Supreme Court. The petition was denied on 02/28/94.

Post-conviction proceedings (3.850)

On 07/17/95, Davis filed a 3.850 Motion with the Circuit Court. The motion 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 issues of ineffective assistance of counsel and Brady & Giglio claims. On 10/20/05, the Florida Supreme Court affirmed the denial of the motion.

Habeas corpus

On 04/30/04, Davis filed a Petition for Writ of Habeas Corpus with the Florida Supreme Court raising issues of improper arguments by the State, improper jury instructions, and insufficient evidence to support a conviction and aggravating circumstances. On 10/20/05, the Florida Supreme Court 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. The petition 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, and it was pending as of the record.

Outcome

Davis was convicted on all counts of the indictment and was sentenced to death for Count I, life imprisonment for Count II, and 5 years for Count III. The Florida Supreme Court affirmed the convictions and sentences on 09/05/91, later affirmed the death sentence on 04/08/93, and denied post-conviction relief on 10/20/05 for the 3.850 motion and on 10/20/05 for the habeas corpus petition.

Other details

Landis was last seen alive at approximately 8:30 p.m., and Davis was last seen around midnight leaving in Landis’ car. The neighbor observed Landis lying on his bed in a pool of blood from an opened window. The evidence supported that Landis was alive and conscious when each injury was inflicted and that intoxication impaired his ability to defend himself.