Public Defense

Troy Davis gets a stay

By Gideon

The 11th Circuit has stayed Davis’ execution - set for Monday - and asked both parties to brief whether Troy can file a successive petition. They also included this interesting question:

It asked the parties to address whether Davis can still be executed if he can establish innocence under the second standard [clear and convincing evidence that no reasonable fact finder would have found him guilty] but cannot satisfy his burden under the first, due-diligence question.

If someone has a copy of the order, please let me know. I’d like to link to it.

Full post as published by A Public Defender on October 24, 2008 (boomark / email).