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<h1><b>Troy Davis’ lawyers pursue new legal
appeal</b></h1><font size=3>
<a href="http://www.ajc.com/metro/content/metro/atlanta/stories/2008/10/22/davis_new_appeal.html" eudora="autourl">
http://www.ajc.com/metro/content/metro/atlanta/stories/2008/10/22/davis_new_appeal.html<br>
<br>
</a>By
<a href="http://www.ajc.com/metro/content/metro/atlanta/stories/2008/10/22/mailto:brankin@ajc.com">
BILL RANKIN</a><br><br>
The Atlanta Journal-Constitution<br><br>
Wednesday, October 22, 2008<br><br>
Lawyers for Troy Anthony Davis, scheduled to be executed Monday, are
seeking permission to file a new federal lawsuit based on innocence
claims.<br><br>
Davis’ attorneys on Wednesday asked the 11th U.S. Circuit Court of
Appeals to stay his execution by lethal injection and allow them to file
a new round of appeals.<br><br>
“Mr. Davis’ execution in light of new evidence concerning his innocence
is constitutionally intolerable,” the motion said. “Society recoils at
state execution of an innocent person.”<br><br>
Davis, 40, has already pursued – and lost – appeals through the state and
federal courts. The U.S. Supreme Court recently declined to hear Davis’
latest appeal, setting the course for his execution.<br><br>
Davis is on Death Row for the Aug. 19, 1989, murder of 27-year-old
Savannah Police Officer Mark Allen MacPhail. Since Davis’ trial, seven of
nine key prosecution witnesses have recanted their testimony.<br><br>
The defendant’s claims of innocence have drawn opposition to his
execution from leaders across the globe, including former President Jimmy
Carter and Pope Benedict XVI.<br><br>
On Wednesday, the European Union issued a statement, saying doubts about
Davis’ guilt call for his death sentence to be commuted. “In these
circumstances, there is great risk of miscarriage of justice with
irreparable consequences,” the statement said.<br><br>
Chatham County prosecutors expressed confidence in Davis’ guilt.<br><br>
“The post-conviction stridency we’ve seen has been much about the death
penalty and little about Davis,” District Attorney Spencer Lawton wrote
in a recent op-ed piece in The Atlanta Journal-Constitution.<br><br>
“The jury found that Davis, after shooting another man earlier in the
evening, murdered a police officer who came to the rescue of a homeless
man Davis had beaten. Officer MacPhail had never even drawn his weapon,”
Lawton wrote.<br><br>
Davis’ court filing said the Antiterrorism and Effective Death Penalty
Act of 1996 allows a condemned inmate to seek a second round of federal
appeals if a federal appeals court approves it. Davis’ lawyers told the
11th Circuit they have made the requisite showing of actual innocence to
allow a new round of appeals to begin.<br><br>
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