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<h1><b>Federal court rejects Troy Davis’
appeal</b></h1><font size=3>
<a href="http://www.ajc.com/news/content/metro/stories/2009/04/16/troy_davis_appeal.html" eudora="autourl">
http://www.ajc.com/news/content/metro/stories/2009/04/16/troy_davis_appeal.html<br>
</a></font><h2><b>Gets 30-day stay of execution to pursue
appeals</b></h2><font size=3>By <a href="mailto:brankin@ajc.com">BILL
RANKIN</a><br><br>
The Atlanta Journal-Constitution<br><br>
Thursday, April 16, 2009<br><br>
The federal appeals court in Atlanta on Thursday rejected death-row
inmate Troy Anthony Davis’ bid for a new trial on claims he did not kill
a Savannah police officer in 1989.<br><br>
In a 2-1 opinion, the 11th U.S. Circuit Court of Appeals ruled that Davis
could not establish by clear and convincing evidence a jury would not
have found him guilty.<br><br>
Davis’ innocence claims have attracted international attention. They rely
largely on the recantations of key prosecution witnesses who testified at
trial and on statements by others who say another man told them he was
the actual killer.<br><br>
In October, the 11th Circuit granted Davis a stay three days before he
was to be put to death by lethal injection. It marked the third time
Davis’ life was spared before his scheduled execution.<br><br>
On Thursday, the two-judge majority noted that state courts and the
Georgia Board of Pardons and Paroles had exhaustively reviewed Davis’
claims and rejected them.<br><br>
Judges Joel Dubina and Stanley Marcus said they agreed with those
conclusions. “Davis has not presented us with a showing of innocence so
compelling that we would be obligated to act today,” they wrote.<br><br>
The judges said they view the recantations with skepticism and, after
reviewing Davis’ claims, “remain unpersuaded.”<br><br>
Judge Rosemary Barkett dissented. “To execute Davis, in the face of a
significant amount of proferred evidence that may establish his actual
innocence, is unconscionable and unconstitutional,” she wrote.<br><br>
The 11th Circuit kept in place its stay of execution for another 30 days
so Davis can pursue his final appeal before the U.S. Supreme Court. The
high court in October declined to consider a previous appeal.<br><br>
Davis, 40, stands convicted of killing off-duty Savannah Police Officer
Mark Allen MacPhail. The 27-year-old former Army Ranger was shot three
times before he could draw his weapon.<br><br>
Russ Willard, spokesman for state Attorney General Thurbert Baker, said
the 11th Circuit made the “correct decision.”<br><br>
Tom Dunn, one of Davis’ lawyers, said he was disappointed, but would
fight on. “Troy is innocent and this struggle is far from over.”<br><br>
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