Federal Judiciary

UPDATE: Davis execution blocked

By Akin Gump Supreme Court Practice Group

UPDATE 5:17 p.m.

The Supreme Court blocked the scheduled execution Tuesday evening in Georgia of Troy Anthony Davis, giving itself time to consider his appeal challenging his conviction for the murder of an off-duty police officer in Savannah.  The stay order is here.  It was issued about two hours before the execution was to be carried out.

The Court is to consider Davis’ petition for review (08-66) at its Conference next Monday.  The stay of execution will be lifted automatically if review is denied, the order said.  If review is granted, the stay will remain in effect until the case is decided.

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The Georgia Supreme Court refused on Monday to delay the scheduled execution this evening of Troy Anthony Davis, ruling that his fate is now up to the U.S. Supreme Court.  The execution is scheduled for 7 p.m. tonight at a prison facility in Jackson, GA.  The state Surpeme Court order is here, and is discussed in this press release from that Court.

Davis’ lawyers have a stay application (08A241) pending at the Supreme Court.  The Court is also expected to consider a new appeal by Davis at its Conference on Sept. 29.  Davis, on death row for killing an off-duty police officer in Savannah, contends in his petition (available here) that he is entitled to a hearing on his claim of innocence, contending that most of the witnesses against him at his trial have changed their stories since then (Davis v. Georgia, 08-66).

Full post as published by SCOTUSBLOG on September 23, 2008 (boomark / email).