In Davis v. Guerrero, (5th Cir., June 25, 2026), the U.S. 5th Circuit Court of Appeals upheld the death sentence imposed on Irving Davis who was convicted of raping and murdering a 15-year-old. In the habeas proceeding challenging the sentence, Davis contended that it was error for the state to introduce evidence of his affiliation with Satanism at the sentencing hearing. The district court rejected that claim, and the 5th Circuit affirmed that decision, citing Supreme Court precedent that rejected the argument that the Constitution forbids consideration of evidence protected by the First Amendment in making sentencing decisions. The 5th Circuit then went on in part to say:
... [T]he evidence [in this case] was not adduced just because the jury could think that Satanism is unpalatable in and of itself, but to indicate that Davis’s adherence to Satanist views increased the likelihood that he would be a danger to society. ....
Davis claims it is undisputed that he was an adherent of the Church of Satan and its non-violent ideals, but as previously highlighted that is not the case. Because the actual nature of Davis’s relationship with Satanism was not undisputed or established as a fact, it was reasonable for the CCA to conclude that Davis belonged to a group that endorsed or encouraged violence. Likewise, it was not unreasonable for the CCA to rely on Haley’s interpretation merely because another expert and Davis himself testified that the language in the Satanic texts were symbolic. ...
... [T]he drawings and writings “exhibit[ed] a preoccupation with rape, violence (particularly towards women), and death.”... Because those materials were admissible on their own, the bare fact of Davis’s association with Satanism ... would likely be beneficial, not prejudicial, to Davis, providing him an opportunity to explain the metaphorical nature of his writings....
Texas Scorecard reports on the decision.
