Florida Supreme Court decides Leon Davis, Jr.'s pending claims

On Thursday, the Florida Supreme Court issued two opinions, resolving four cases related to Leon Davis, Jr.’s sentences of death in two different cases.

On Thursday, as part of its regular release of opinions, the Florida Supreme Court issued two opinions, resolving four cases related to Leon Davis, Jr.’s sentences of death in two different cases.

---

Nos. SC2021-1778 & SC2022-0882

Davis was sentenced to death for crimes that occurred in December 2007 at a Headley Insurance Agency. The jury recommended both sentences of death unanimously. The jury had also recommended a third sentence of death by a vote of 8-4, but the trial court imposed a sentence of life in prison without parole (LWOP) on that count.

This was Davis’s appeal of the lower court’s denial of his initial postconviction motion, in which he raised 22 claims. Davis also filed a petition for writ of habeas corpus. In his postconviction appeal, Davis raised eight issues, six of which related to ineffective assistance of trial counsel. Ultimately, in a 52-page per curiam opinion, the Court affirmed the circuit court’s denial of Davis’s motion.

In his petition for writ of habeas corpus, Davis sought relief based on ineffective assistance of appellate counsel. The Court also denied this claim, determining that the claim is procedurally barred.

The full decision can be downloaded here.

---

Nos. SC2021-1779 & SC2022-0883

Davis was sentenced to death for crimes that occurred in December 2007 at a BP gasoline station and convenience store. After being convicted, Davis waived his right to a penalty phase jury.

This was Davis’s appeal of the lower court’s denial of his initial postconviction motion, in which he raised 22 claims. Davis also filed a petition for writ of habeas corpus. In his postconviction appeal, Davis raised 10 claims. “Specifically, he argue[d] that the court erred in denying his claims of a Giglio violation, a Brady violation, ineffective assistance of trial counsel, and cumulative error. Davis also argue[d] that the postconviction court erred in not ordering a competency evaluation before the evidentiary hearing.” The Court affirmed the circuit court’s denial of Davis’s claims on all grounds.

In his petition for writ of habeas corpus, “Davis argue[d] that the trial court improperly relied on his prior felony convictions for grand theft as proof of his guilt in the BP case, and that appellate counsel was ineffective for failing to raise this issue as a federal claim on direct appeal.” The Court denied the petition.

The full decision can be downloaded here.

---