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How many justices decided death and innocence (and original habeas) are different in Davis?

By Douglas A. Berman

The law geek in me is having a hard time thinking about my upcoming classes because I am so taken by the Supreme Court's fascinating little ruling this morning (discussed here), which addresses the "original" habeas petition In re Troy Davis, No. 08?1443 (S. Ct. Aug. 17, 2009) (ruling available here).  And, as explained below, I have lots and lots of follow-up questions.  First, consider Kent's effective comments at C&C about the Davis procedural posture: And now, for something completely different... The U.S. Supreme Court and its individual Justices have the jurisdiction to issue "original" writs of habeas corpus -- "original" in the sense that the petitioner applies directly to the Supreme Court for relief, as opposed to applying to a lower court and then appealing the denial...continue to full post

Full post as published by Sentencing Law and Policy on August 17, 2009 (boomark / email).