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In re Troy Anthony Davis

By Karl R. Keys, Esq.

With keen initial reactions to the Court’s surprise 6-2 order for an evidentiary hearing on Troy Davis’s petition for an original writ of habeas corpus by Adam Liptak (here),  Lyle Denniston,  (here), and Orin Kerr (here), much of the essential  reaction to the order has already been had.  With that stated I thought I’d explore several of the  intriguing issues with the Court’s brief order, and two opinions respecting that order (Justices Stevens & Scalia). As backdrop to the Court’s action DPIC notes: Since Davis’ initial conviction in 1991, seven of nine eyewitnesses against him have recanted their testimony. Justice John Paul Stevens, concurring with Justices Breyer and Ginsburg, wrote, “The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing...continue to full post

Full post as published by Capital Defense Weekly on August 17, 2009 (boomark / email).