Toney Deron Davis v. State of Florida, 136 So. 3d 1169

Davis was convicted in 1995 of first-degree felony murder, aggravated child abuse, and sexual battery for the December 9, 1992 death of a two-year-old; the jury imposed death after a Spencer hearing.
On direct appeal, this Court affirmed the convictions and death sentence, rejecting his claims as meritless.
Davis filed multiple postconviction motions beginning in 1999 seeking relief under Florida Rule of Criminal Procedure 3.851; an evidentiary hearing occurred in 2010.
The postconviction court denied relief in 2011; Davis then sought a writ of habeas corpus, challenging appellate and trial counsel effectiveness and related claims.
The Florida Supreme Court affirmed the postconviction court’s denial of relief and denied the habeas petition, adopting a mixed standard of review for Brady/Giglio and Strickland claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Brady and Giglio violations	Davis asserts suppression of favorable material evidence and false testimony.	State contends no prejudice or materiality, and testimony was not false or impeaching.	No reversible error; no prejudice established.
Ineffective assistance for not calling Dr. Willey	Trial counsel erred by not calling Dr. Willey to counter sexual-battery evidence.	Counsel acted strategically; Willey lacks credibility and would not aid defense.	Trial counsel not ineffective; strategic decision supported by record.
Ineffective assistance regarding Moore defense theory	Counsel should have presented Moore-as-culprit defense as primary theory.	Defense strategy was reasonable and timely; theory was untimely and unpersuasive.	No ineffectiveness; strategic choice supported; untimeliness fatal.
Prosecutorial misconduct and defense cross-examination	Prosecutor improperly commented on timing of Davis’s defenses and denigrated defense.	Arguments were proper in light of the evidence and not fundamental error.	No reversible error; comments not fundamental.
Penalty-phase mitigation and jury role issues	Counsel failed to present mitigating witnesses and expert, and argued non-viable theories.	Strategic choices were reasonable; mitigation evidence was limited and credibility issues persisted.	No reversible error; cumulative impact not prejudicial.

Brady v. Maryland, 373 U.S. 83 (U.S. (1963)) (duty to disclose favorable evidence to defense)
Giglio v. United States, 405 U.S. 150 (U.S. (1972)) (prosecutor's knowledge of false testimony; materiality standard)
Strickland v. Washington, 466 U.S. 668 (U.S. (1984)) (ineffective assistance standard; deficient performance plus prejudice)
Evans v. State, 838 So.2d 1095 (Fla. 2002) (cross-examination/credibility as trial strategy considerations)
Valentine v. State, 98 So.3d 44 (Fla. 2012) (prosecutor's comments about defense not improper when evidence supports inference)