No. 23-7764

Leon Davis, Jr. v. Florida, et al.

Lower Court: Florida
Docketed: 2024-06-20
Status: Denied
Type: IFP
IFP
Tags: bad-acts ballistics-evidence capital-case criminal-evidence criminal-procedure-ineffective-assistance-of-couns ineffective-assistance other-crimes-evidence postconviction-review prejudice strickland-standard strickland-v-washington trial-counsel
Key Terms:
DueProcess
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the Strickland standard should be applied in favor of the defendant in a case with no direct evidence connecting the defendant to the crime except the introduction of evidence of other crimes or bad acts

Question Presented (OCR Extract)

QUESTION PRESENTED CAPITAL CASE Whether in a case with no direct evidence connecting the defendant to the crime except the introduction of evidence of other crimes or bad acts, the Strickland standard in evaluating trial counsel’s effectiveness in light of all the circumstances at trial, should be applied in favor of the defendant? ii NOTICE OF RELATED CASES Per Supreme Court Rule 14.1(b)(iii), the following cases relate to this petition: Underlying Trial: Circuit Court of Polk County, Florida State of Florida v. Leon Davis, Case No. 2007-CF-009613 Judgment entered: November 30, 2012 Direct Appeal: Florida Supreme Court (No. SC13-1) Davis v. State, 207 So. 8d 177 (Fla. 2016) Judgment entered: November 10, 2016 Rehearing denied: January 5, 2017 Petition for Writ of Certiorari Denied: Supreme Court of the United States (16-8570) Davis v. Florida, 581 U.S. 1020 (2017) Cert denied: June 5, 2017 Postconviction Proceedings: Circuit Court of Polk County, Florida Davis v. State, 2007-CF-009613 Judgment entered: November 29, 2021 Florida Supreme Court (Nos. SC21—1779; SC22-883) Davis v. State, 383 So. 3d 743 (Fla. 2024) Judgment entered: February 1, 2024 Rehearing denied: March 22, 2024 iii

Docket Entries

2024-10-07
Petition DENIED.
2024-08-01
DISTRIBUTED for Conference of 9/30/2024.
2024-07-26
Reply of Leon Davis submitted.
2024-07-26
Reply of petitioner Leon Davis, Jr., filed.
2024-07-26
Reply of petitioner Leon Davis, Jr. filed.
2024-07-16
Brief of State of Florida in opposition submitted.
2024-07-16
Brief of respondent Florida, et al. in opposition filed.
2024-06-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 22, 2024)

Attorneys

Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent
Leon Davis
Stacy Rowell Biggart — Petitioner
Stacy Rowell Biggart — Petitioner
State of Florida
Carla Suzanne BechardOffice of the Attorney General, State of Florida, Respondent