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Criminal Law

: Capital Defense Weekly

Davis stayed

By Karl R. Keys, Esq.

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The issue on which on Davis was stayed? the parties are directed to address whether Davis may be executed if he can establish actual innocence under 28 U.S.C. § 2244(b)(2)(B)(ii), but cannot satisfy his burden under § 2244(b)(2)(B)(i). Brilliant.  Absolutely brilliant. Translation: can you be too innocent to execute but not too innocent so you are ineligible for guilt phase relief? —- The Eleventh Circuit has stayed the execution of Troy Davis. [via iPhone]

Full post as published by Capital Defense Weekly on October 24, 2008 (boomark / email).

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