Troy Anthony Davis Appeal Denied
From the 11th Circuit Court of Appeals opinion:
On October 22, 2008, Troy Anthony Davis (“Davis”), a Georgia death row inmate, has filed an application with this Court seeking authorization to file a second or successive 28 U.S.C. § 2254 federal habeas petition, raising for the first time a freestanding actual innocence claim. Davis had previously filed a federal habeas petition in the United States District Court for the Southern District of Georgia in 2001, alleging, among other things, violations of Giglio v. United States, 405 U.S. 150, 92 S. Ct. 763 (1972), Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194 (1963), and Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052 (1984). Davis now claims that his execution would violate the Eighth and Fourteenth Amendments because he is actually innocent of the offense of murder. We took the unusual step of staying Davis’s execution, which had been scheduled for October 27, 2008, and ordered the parties to submit further briefs. Thereafter, we scheduled the case for oral argument. Having the benefit of the parties’ briefs and after hearing extensive oral argument, we deny Davis’s application.
Via Sentencing Law and Policy, “This ruling will surely get lots and lots of attention from all the usual death penalty suspects, which of course includes many Justices of the Supreme Court. It will be interesting to see if SCOTUS will eventually take up this case.”
From the comments there:
no concurrence from Judge Martin of the 6th Circuit… interesting
…
I don’t see SCOTUS taking this one up. Davis is not obviously innocent, and both the state and federal courts have given his claims a thorough review.
The other thing people should remember is that Georgia schedules executions quickly. When and if cert. is denied, the date will be set very quickly.
And once Davis is executed, his name will disappear from public consciousness.
…
Just like to point out, there’s a ocean of difference between “Davis is not obviously innocent,” and “Davis is obviously not innocent.”
Yes, absolutely!
For more: CNN, AJC. Background: Wikipedia entry; TroyAnthonyDavis.org; Amnesty International, Troy Davis – Finality Over Fairness.
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3 Responses to “Troy Anthony Davis Appeal Denied”
I beg to differ about Troy being forgotten. If his execution proceeds, I will never forget him, and I won't let others forget him. He will continue to motivate people to fight such injustices.
Pray that he this execution does not proceed, since all else, all sense has seemed to have failed in this case. I can't believe it. Senseless, senseless… What could possibly be lost by hearing him again that would equal the potential for loss if he isn't? That they'd have to admit to being wrong! What else could it be? Well, it would be nothing but state sanctioned murder to proceed with this execution, not justice. Just to satisfy some twisted and primitive need for blood to be spilled, as if THAT could ever pay for a life, or give that tragedy meaning, or bring peace to those who are pushing for it, hurting. They've got it all upside down. No meaning, no peace could ever come of THAT. They'll see. Some bitter satisfaction… And may Troy take strength from our support, may it carry him if it must as far as necessary, even if out of this world. Though I still hope upon hope that he'll be freed, somehow. I've heard that Troy Davis has already forgiven everyone, let it go… That makes him better human being than a lot of us, including me.
I pray that Troy is freed!It would be a tragedy and an injustice of the highest order! If there is any shadow of doubt then how can he be MURDERED by the state? Blood lust will have him executed nothing more…nothing less….How sad….