Gerald Davis

• Alibi

● Defendant testified that he and his father were out drinking and did not come back until 11:00 (victim claimed she went over to defendant’s trailer at 8:30)

“Q: Mr. Davis, during the evening hours of February 18th and the morning hours of February 19th, did you at any time attempt to have sexual intercourse with [the victim]? A: No, sir. I did not. Q: Did you attempt to remove her clothes forcibly? A: No, sir. Q: Did you attempt to detain her against her will for the purpose of having sexual relations with her? A: No, sir. Q: Did you hit or threaten her in any way? A: No. Q: Did you touch her or hold her in any way? A: No, sir. Q: During the entirety of the visit, you never touched this woman? A: No, sir. I did not.”

• Eyewitness
• Forensic Evidence

• Serology

• Invalid

See above; though the victim and Davis were both O secretors and A substances were found, no exclusion was reported. The analyst testified: “There was an indication of an A blood type. When I have an indication of any blood types, they are reported out…. You can have different factors that can cause contamination in stains. One of the most prevalent factors that we encounter are bacterial contamination. Bacterial contamination can give you what is called false positives and give you blood types separate and aside from what you’re truly identifying…” See Part II.A.1 for a description of the problem of masking and non-quantification and discussion of this case.

• Intraracial Identificaiton
• Victim

• Jackson Claim
• Jury Instructions
• Prosecutorial Misconduct
• Sentencing — Noncapital
• State Law Evidence Claim

• G

State v. Davis, 376 S.E.2d 563 (W.Va. 1988)