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Atlanta
3:50 pm
Mon June 29, 2009
U.S. Supreme Court Delays Decision on Davis Appeal Request
By Odette Yousef
Atlanta, GA – Death row inmate Troy Davis has effectively gotten a stay of execution through the summer, because yesterday the U.S. Supreme Court held off on deciding whether to grant him an appeal hearing. Though nobody will ever know why for sure, some capital defense experts told WABE's Odette Yousef that it may be because the case is unusual enough to merit closer consideration.
Lawyer Christopher Adams says Davis's appeal offers an opportunity to set precedence in a case where actual innocence is claimed for a death penalty inmate:
ADAMS: Frankly it's a question that the U.S. Supreme Court is dealing with the first time: what is the level of proof, the kind of proof, the quality of proof that's needed s o that the state court must grant someone a new hearing?
On top of the absence of precedence, criminal defense attorney Page Pate says there's another reason Davis's case has stretched on:
PATE: Do I think it's been treated than other death penalty cases? Perhaps. And if so, it's only been because of the incredible amount of public attention that has been drawn to the case by his dedicated lawyers and the people that have gotten involved
Davis was convicted in 1991 of killing Savannah Police officer Mark Allen MacPhail. Since then, 7 of 9 witnesses have recanted.
The high court will consider Davis's appeal when it reconvenes in the fall.
Odette Yousef, WABE News.