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	<title>Comments on: SCOTUS Rules Troy Anthony Davis Should Get Hearing On Innocence Claim</title>
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	<link>http://themoderatevoice.com/43396/scotus-rules-troy-anthony-davis-should-get-new-hearing/</link>
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		<title>By: EEllis</title>
		<link>http://themoderatevoice.com/43396/scotus-rules-troy-anthony-davis-should-get-new-hearing/comment-page-1/#comment-205602</link>
		<dc:creator>EEllis</dc:creator>
		<pubDate>Mon, 17 Aug 2009 23:16:03 +0000</pubDate>
		<guid isPermaLink="false">http://themoderatevoice.com/?p=43396#comment-205602</guid>
		<description>It helps if you understand what the case is about and lets face it however you think of Thomas, Scalia is no legal slouch and wrote the dissent. Basically it&#039;s if witnesses recanting is exculpatory and should be considered because through his first round of appeals his legal team did not know that some witnesses had recanted. That&#039;s it. Now, as the dissent said, many courts have seen this evidence and none as a whole thought it rose to level of proving Davis&#039;s innocence. So we have evidence which does not &quot;prove&quot; innocence that in and of itself wouldn&#039;t do anything but if it were exculpatory, ie the state should of told his defense team during his appeals, then he should get a new trial regardless of the quality of the evidence.</description>
		<content:encoded><![CDATA[<p>It helps if you understand what the case is about and lets face it however you think of Thomas, Scalia is no legal slouch and wrote the dissent. Basically it&#39;s if witnesses recanting is exculpatory and should be considered because through his first round of appeals his legal team did not know that some witnesses had recanted. That&#39;s it. Now, as the dissent said, many courts have seen this evidence and none as a whole thought it rose to level of proving Davis&#39;s innocence. So we have evidence which does not &#8220;prove&#8221; innocence that in and of itself wouldn&#39;t do anything but if it were exculpatory, ie the state should of told his defense team during his appeals, then he should get a new trial regardless of the quality of the evidence.</p>
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		<title>By: MrNoface</title>
		<link>http://themoderatevoice.com/43396/scotus-rules-troy-anthony-davis-should-get-new-hearing/comment-page-1/#comment-205503</link>
		<dc:creator>MrNoface</dc:creator>
		<pubDate>Mon, 17 Aug 2009 17:57:03 +0000</pubDate>
		<guid isPermaLink="false">http://themoderatevoice.com/?p=43396#comment-205503</guid>
		<description>This is good news IMHO and I can no longer pretend to understand what the deal with Justice Thomas is!  It&#039;s like he just acts out of spite now (perhaps he always did).</description>
		<content:encoded><![CDATA[<p>This is good news IMHO and I can no longer pretend to understand what the deal with Justice Thomas is!  It&#39;s like he just acts out of spite now (perhaps he always did).</p>
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		<title>By: Supreme Court says Georgia man on death row should get chance to prove innocence in court &#124; Gadget Look</title>
		<link>http://themoderatevoice.com/43396/scotus-rules-troy-anthony-davis-should-get-new-hearing/comment-page-1/#comment-205519</link>
		<dc:creator>Supreme Court says Georgia man on death row should get chance to prove innocence in court &#124; Gadget Look</dc:creator>
		<pubDate>Mon, 17 Aug 2009 17:44:50 +0000</pubDate>
		<guid isPermaLink="false">http://themoderatevoice.com/?p=43396#comment-205519</guid>
		<description>[...] 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 diRead more at http://themoderatevoice.com/43396/scotus-rules-troy-anthony-davis-should-get-new-hearing/ [...]</description>
		<content:encoded><![CDATA[<p>[...] 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 diRead more at <a href="http://themoderatevoice.com/43396/scotus-rules-troy-anthony-davis-should-get-new-hearing/" rel="nofollow">http://themoderatevoice.com/43396/scotus-rules-troy-anthony-davis-should-get-new-hearing/</a> [...]</p>
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		<title>By: tidbits</title>
		<link>http://themoderatevoice.com/43396/scotus-rules-troy-anthony-davis-should-get-new-hearing/comment-page-1/#comment-205489</link>
		<dc:creator>tidbits</dc:creator>
		<pubDate>Mon, 17 Aug 2009 17:29:18 +0000</pubDate>
		<guid isPermaLink="false">http://themoderatevoice.com/?p=43396#comment-205489</guid>
		<description>As long as we are talking about &quot;change&quot;, let&#039;s talk about eliminating the death penalty.  These constant harangues and appeals suck up more time and energy than an outdated and barbaric practice, that diminishes our standing in the world community, deserves.</description>
		<content:encoded><![CDATA[<p>As long as we are talking about &#8220;change&#8221;, let&#39;s talk about eliminating the death penalty.  These constant harangues and appeals suck up more time and energy than an outdated and barbaric practice, that diminishes our standing in the world community, deserves.</p>
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