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Federal Judiciary

: SCOTUSBLOG

Court clears way for Davis execution

By Akin Gump Supreme Court Practice Group

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Refusing to decide whether the death penalty is barred for an individual with a strong claim of innocence, the Supreme Court on Tuesday turned aside the appeal of Georgia death-row inmate Troy Anthony Davis. The order clears the way for the state to set a new execution date; a Supreme Court stay of the execution expired with the denial of review. The case is Davis v. Georgia (08-66) (filings here).

The Court granted review of one new case, a test of the right to appeal after a federal judge returns a case to state court for trial. The issue in Carlsbad Technology v. HIF Bio Inc. (07-1437) (filings here) is whether a remand order can be appealed, if the judge returned the case after making a discretionary decision not to rule on the state-law claims after finding that the federal claim was not supported. The case grows out of a dispute over ownership of a chemical compound that is used in treating cancer.

(NOTE: This post will be expanded following the morning’s oral arguments.)

Full post as published by SCOTUSBLOG on October 14, 2008 (boomark / email).