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Eleventh Circuit punts Troy Davis case up to SCOTUS

By Douglas A. Berman

As detailed in this AP article, a "federal appeals panel [has] dismissed an appeal from Georgia death row inmate Troy Davis ... [saying] he should appeal the case only to the U.S. Supreme Court."  The Eleventh Circuit ruling is available here, and here is a key passage: The district court emphasized that the Supreme Court exercised its original jurisdiction when it transferred the case to the district court. The district court reasoned that it was clear that the Supreme Court was exercising its original jurisdiction because if it were operating within the confines of its appellate jurisdiction, ?it would have been unable to entertain the petition because [Davis] had not obtained leave to file a second or successive petition.? Dist. Court Order at 2, citing Felker v...continue to full post

Full post as published by Sentencing Law and Policy on November 05, 2010 (boomark / email).