Supreme Court orders a hearing for Troy Davis

Today the Supreme Court shocked nearly everyone by granting relief on a direct habeas corpus petition for the first time in 50 years. The Court ordered that the U.S. District Court for the Southern District of Georgia hold an evidentiary hearing on Troy Davis’ claim that he is actually innocent of the murder for which he was convicted and sentenced to death. This means that for the first time a trial court will actually be able to hear the live testimony of those seven recanting witnesses, rather than trying to decide their credibility based solely upon affidavits. For the last three years, all that I and the others fighting for Davis have asked for is that the evidence of his innocence be reviewed in open court. It will finally happen.

Justice Stevens’ concurrence explaining the rationale for the decision is here, while Justice Scalia’s somewhat nasty dissent is here. But the two competing opinions essentially boil down to this: Stevens and those who voted to order the evidentiary hearing believe it is essential to prevent a potentially innocent man from being executed. Scalia thinks execution of an innocent man is not a constitutional problem, as long as he got a trial and appeal. I suspect that fundamental ideological dispute will eventually have to be resolved by the SCOTUS in a future appeal of this case, but for now Davis will get his day in court and his execution by the State of Georgia will be stayed indefinitely.  It is a good day.


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3 responses to “Supreme Court orders a hearing for Troy Davis”

  1. Aaron Avatar
    Aaron

    Right On

  2. Aaron Avatar
    Aaron

    It seems that Scalia is following the interpretation of the Constitution to the letter. It is true that Mr. Davis has been allowed all of his Constitutional rights; however condemning a man to death when new evidence comes to light is unconstitutional. I agree that Scalia is a piece of shit.

  3. Jen B. Avatar
    Jen B.

    Scalia is such a piece of shit.

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