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Troy Davis gets no relief on innocence claims in Eleventh Circuit

By Douglas A. Berman

The Eleventh Circuit today in this long per curiam opinion disposes of the legal claims of Georgia death row defendant Troy Davis.  Here is how the opinion starts: On October 22, 2008, Troy Anthony Davis (?Davis?), a Georgia death row inmate, has filed an application with this Court seeking authorization to file a second or successive 28 U.S.C. § 2254 federal habeas petition, raising for the first time a freestanding actual innocence claim.  Davis had previously filed a federal habeas petition in the United States District Court for the Southern District of Georgia in 2001, alleging, among other things, violations of Giglio v. United States, 405 U.S. 150, 92 S. Ct. 763 (1972), Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194 (1963), and Strickland v...continue to full post

Full post as published by Sentencing Law and Policy on April 16, 2009 (boomark / email).