Davis v. State (Majority, with Concurring)Annotate this Case
In this capital murder case, the Supreme Court denied Appellant’s motion to recall this court’s mandate in Appellant’s direct appeal, holding that there was no breakdown in the appellate process that would warrant recalling the mandate.
Appellant was convicted of capital murder and sentenced to death. The Supreme Court affirmed on direct appeal. Here, Appellant filed a motion to recall the mandate and stay his execution, arguing that he did not receive the minimum due-process requirements prescribed in Ake v. Oklahoma, 470 U.S. 68 (1985). Specifically, Appellant argued that the Supreme Court misapplied Ake, and therefore, he did not have access to an independent mental health expert to assist in his defense. The Supreme Court granted Appellant’s motion to stay his execution and took his motion to recall the mandate as a case. The court then denied the motion and lifted the stay of his execution, holding that because Appellant made the strategic decision not to pursue a partisan psychiatrist, there was not a “defect in the appellate process” that was attributable to this court upon its review.