top
From the Open-Publishing Calendar
From the Open-Publishing Newswire
Indybay Feature
Wed Sep 2 2009 (Updated 09/09/09)
Troy Davis' Innocence To Be Considered At Long Last
Wed Sep 2 2009 (Updated 09/09/09)
Supreme Court Orders Evidenciary Hearing for Death Row Prisoner Troy Anthony Davis
On August 17, 2009, the U.S. Supreme Court took the rare step of ordering a new hearing for Georgia death row prisoner Troy Anthony Davis. The nation’s highest court ordered a federal district court in Georgia to “receive testimony and make findings of fact as to whether evidence that could not have been obtained at the time of trial clearly establishes his innocence.”

In 1991 Davis was convicted for the 1989 killing of an off-duty police officer Mark MacPhail. There is no physical evidence tying Davis to the crime scene and seven out of the nine non-police witnesses have since recanted or altered their initial testimonies. Others have implicated the prosecution's key remaining witnesses as the actual perpetrator of the crime.

Justice Scalia’s dissenting opinion states: “This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is 'actually' innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged 'actual innocence' is constitutionally cognizable."

In a separate opinion answering Scalia’s dissent, Justice Stevens, joined by Justices Ruth Brader Ginsburg and Stephen Bryer, wrote “The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing.”

Read More: 1 | 2 | Capital Defense Weekly blog | TroyAnthonyDavis.org

Previous Indybay Feature: Global Day of Action for Death Row Inmate Troy Davis

07/28/16 Tuesday is Still the Night to Sleep at Santa Cruz City Hall After First Anniversary Front Page | Police State and Prisons | Health, Housing, and Public Services | Government & Elections | Santa Cruz Indymedia07/27/16 Oakland Freedom Now Actions Include Lock Down at OPOA & OPD Headquarters, Children's March Front Page | Police State and Prisons | Racial Justice | Education & Student Activism | East Bay | U.S.07/27/16 Frank Alvarado was Killed by Salinas Police for Carrying a Cell Phone in 2014 Front Page | Police State and Prisons | Racial Justice | Santa Cruz Indymedia07/26/16 "BulletProof" Militarized Policing Workshop Hosted by Santa Clara Sheriff's Department Front Page | Police State and Prisons | South Bay07/26/16 Cheers at San Francisco Rally as Wasserman Schultz Announces Resignation Front Page | San Francisco | U.S. | Government & Elections07/25/16 Recall of Oakland Mayor Libby Schaaf Underway Due to Growing Discontent in City Front Page | Police State and Prisons | Racial Justice | Health, Housing, and Public Services | East Bay | Government & Elections07/22/16 Sacramento Activists Hold Vigil to Remember 47 Killed in Lac-Mégantic Rail Disaster Front Page | Environment & Forest Defense | Central Valley | East Bay | California | Government & Elections07/22/16 Report Documents 74% Decline in Monarch Butterflies Overwintering in Coastal California Front Page | Environment & Forest Defense | East Bay | California | Santa Cruz Indymedia07/18/16 New Oakland Police Commission Ballot Measure to Take Its Final Form in City Council Vote Front Page | Police State and Prisons | Racial Justice | East Bay | Government & Elections07/12/16 Police Murders of Alton Sterling and Philando Castile in Two Days Stir Renewed Resistance Front Page | Police State and Prisons | Racial Justice | San Francisco | South Bay | East Bay | California | U.S. | Santa Cruz Indymedia07/11/16 Solidarity March in San Francisco with Oaxacan Uprising Front Page | Police State and Prisons | Global Justice and Anti-Capitalism | San Francisco | Americas
Related Categories: U.S. | Government & Elections | Police State and Prisons | Racial Justice | Front Page
Massive Mine Threatens America's Only Known Jaguar, Local Water Supplies Center for Biological Diversity Friday Jul 29th 6:16 PM
Nuclear Shutdown News July 2016 Michael Steinberg Friday Jul 29th 1:23 PM
Police: Michigan Dog Breeder Beat Close To Death, Ear Cut Off For Abusing Pit Bulls Animal Liberation Press Office Wednesday Jul 27th 9:17 PM
Exoneration of Honorable Marcus Garvey ~ UNIA-ACL ~ August 2016 Senghor Jawara Baye Wednesday Jul 27th 10:21 AM
Reigning Debbie Was. Schultz Resigns Elise Casby Monday Jul 25th 2:24 PM
Verizon Please Protect Yahoo Groups Subscribers Yahoo Groups Subscriber Monday Jul 25th 10:18 AM
Philly Protesters 10,000 Strong Outside DNC in 90-100 Degree Heat Register Peace & Freedom or Green (3 comments) Sunday Jul 24th 5:36 PM
Hundreds of Consumers and Boycott Supporters March with Farm Workers to Sakuma Farms Boycott Sakuma Berries (1 comment) Saturday Jul 23rd 2:57 PM
Farmworkers Walk Out of Sakuma Fields- Workers Ask for Fair Wages Again Boycott Sakuma Berries Saturday Jul 23rd 2:46 PM
Killer Cop Training - Coming Soon to the Bay Area. r2d2 (1 comment) Saturday Jul 23rd 7:43 AM
Anti-Abortion, Anti-Labor Tim Kaine is Clinton’s VP Register Peace & Freedom or Green Friday Jul 22nd 8:16 PM
The Story of Two America's: Joanne Chesimard or Assata Shakur Prison Radio Thursday Jul 21st 10:19 PM
The Social State Benefits All of Us R Brait, A Buxbaum and M Schnetzer (1 comment) Thursday Jul 21st 4:20 AM
The War on the Oppressed & Those Who Effectively Resist Tur-Ha Ak Wednesday Jul 20th 11:12 PM
EPA Approved Pesticide Products Without Accounting for Dangers of Chemical Mixture Center for Biological Diversity Wednesday Jul 20th 2:46 PM
On Baton Rouge, Falcon Heights, and Dallas Linda Burnham (1 comment) Tuesday Jul 19th 3:40 PM
Speaking Up Against Police Terror in Baton Rouge and New Orleans WTUL News & Views (1 comment) Monday Jul 18th 6:27 AM
Cherri Foytlin reports on Baton Rouge kettling and jail conditions Cherri Foytlin c/o WTUL News (1 comment) Friday Jul 15th 1:54 AM
TESC Students for Justice in Palestine Respond to Evergreen Administration TESC Students for Justice in Palestine Thursday Jul 14th 1:19 PM
Teamsters Mourn the Loss of Local 320 Member Philando Castile via the Teamsters (1 comment) Tuesday Jul 12th 4:10 PM
What Would Trump Fascism Look Like? Al Carroll (2 comments) Monday Jul 11th 1:53 PM
More News...