AJC:
The high court ordered a federal judge to “receive testimony and findings of fact as to whether evidence that could not have been obtained at the time of trial clearly establishes [Davis’s] innocence.”
Justice Antonin Scalia, joined by Justice Clarence Thomas, issued a dissent, saying the federal judge assigned to hear the case will not be able to grant Davis relief. “It becomes stranger still when one realizes that the allegedly new evidence we shunt off to be examined by the district court has already been considered (and rejected) multiple times,” Scalia wrote.
But Justice John Paul Stevens cited prior court precedent that said it would be “an atrocious violation of our Constitution and the principles upon which it is based” to execute an innocent man.
Among those urging reconsideration of the Davis case: President Jimmy Carter, Pope Benedict XVI, Nobel laureate Archbishop Desmond Tutu, Bob Barr, and former FBI Director and judge William S. Sessions.
SCOTUSblog has details including the Court’s order and Justice Stevens’ separate opinion and Justice Scalia’s dissent.