[Ppnews] U.S. Supreme Court doesnt address Davis appeal
Political Prisoner News
ppnews at freedomarchives.org
Mon Oct 6 12:01:01 EDT 2008
U.S. Supreme Court doesn't address Davis' appeal
Condemned man says he didn't kill off-duty police officer
The Atlanta Journal-Constitution
Monday, October 06, 2008
The U.S. Supreme Court apparently needs more time to look at an
appeal from death-row inmate Troy Anthony Davis, whose claims of
innocence have attracted international attention.
The high court issued orders Monday addressing the appeals of
numerous cases, but none as to whether the court will accept or
reject Davis' appeal.
On Sept. 23, the court halted Davis' execution less than two hours
before it was to be carried out. The court's justices then met in a
private conference on Sept. 29 to decide whether to accept the
appeal. The courts' justices are scheduled to meet again, in private
conferences, on each of the next two Fridays.
Davis, who claims he is innocent, is asking the court to order a
judge to grant him a hearing. Since Davis' trial, seven of nine key
prosecution witnesses to testify against him recanted their testimony.
Davis sits on death row for the Aug. 19, 1989, murder of Mark Allen
MacPhail, a 27-year-old officer shot dead after he responded to the
wails of a homeless man being pistol whipped in a Burger King parking
lot. The father of two did not have time to draw his gun before being
shot three times.
Davis is appealing a ruling by a sharply split Georgia Supreme Court.
His lawyers are asking the U.S. Supreme Court to declare that the
Eighth Amendment's ban on cruel and unusual punishment bars the
execution of the innocent and requires at least a court hearing to
assess recantation evidence.
"It's obviously a very important case and the justices are still
considering it," Carl Tobias, a University of Richmond law professor,
said. "Maybe the justices are split about it and want more time to
It is not unusual, Tobias said, particularly given the backlog of
cases appealed during the summer months, for the court to take
several weeks to decide whether to hear an appeal such as Davis'.
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