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Troy Davis and the unanswered question in Herrera v. Collins

By Karl R. Keys, Esq.

via the SCOTUS Blog: A Georgia death-row inmate ? whose claims of innocence, based on a series of changed stories by witnesses against him, have given his case high visibility ? asked the Supreme Court on Tuesday to delay his execution, now set for Sept. 23.  Troy Anthony Davis, sentenced to death for the slaying of an off-duty police officer in Savannah, has an appeal that the Justices are scheduled to consider at their first Conference Sept. 29 (Davis v. Georgia, 08-66).  The key issue his appeal raised is whether the Court will rule ? in a way it has only assumed previously ? that it is unconstitutional to execute a person who is innocent of the crime, and has substantial evidence to support that claim. Davis currently has an application for stay awaiting action by the Georgia Supreme Court, which earlier rejected his claims of innocence but refused to order a hearing on them...continue to full post

Full post as published by Capital Defense Weekly on September 16, 2008 (boomark / email).