Davis v. State

On direct appeal, the Florida Supreme Court vacated Barry Trynell Davis, Jr.’s two death sentences and remanded for a new penalty phase pursuant to Hurst v. State, 202 So. 3d 40. Davis was convicted of two counts of first-degree murder. After a penalty phase, a nonunanimous jury recommended two sentences of death. The Supreme Court held (1) the Hurst error in this case was not harmless; (2) the trial court did not err in denying Davis’s motion to suppress; (3) the trial court did not err in admitting evidence of Davis’s prior possession of a revolver; (4) the trial court did not err in allowing the State to display, during closing argument, a photo of a witness crying on the witness stand; and (5) the evidence was sufficient to support the convictions. View "Davis v. State" on Justia Law