Scotus orders new hearing for Troy

[mammastalkin]

Supreme Court says Georgia man should get hearing
By JESSE J. HOLLAND
Associated Press Writer





WASHINGTON (AP) -- The Supreme Court on Monday ordered a new hearing for death row inmate Troy Davis, whose supporters say is innocent and should be spared from execution for killing a police officer 20 years ago.
Davis has spent 18 years on death row for the 1989 slaying of Savannah, Ga., police officer Mark MacPhail. Davis' attorneys insist that he is innocent and deserves a new trial because several witnesses at his trial have recanted their testimony.
The high court ordered a federal judge in Georgia to determine whether there is evidence "that could not have been obtained at the time of trial (that) clearly establishes petitioner's innocence."
Defense lawyers had appealed to the Supreme Court after a federal court denied a new trial request in April.
"The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing," said Justice John Paul Stevens, writing for the court. Justices Ruth Bader Ginsburg and Stephen Breyer concurred with Stevens.
MacPhail was slain 20 years ago while working off-duty as a security guard at a bus station. He had rushed to help a homeless man who had been pistol-whipped at a nearby parking lot, and was shot twice when he approached Davis and two other men. Witnesses identified Davis as the shooter at his 1991 trial.
But Davis' lawyers say new evidence proves their client was a victim of mistaken identity. They say three people who did not testify at Davis' trial have said another man confessed to the killing.
The case has attracted worldwide attention, with calls to stop Davis' execution from former President Jimmy Carter, Pope Benedict XVI and Nobel Peace Prize-winner Desmond Tutu.
But state and federal courts have rejected Davis' request for a new trial, and state officials have rejected calls for clemency.
Davis was scheduled to be executed on Sept. 23, but it was postponed after the Supreme Court agreed to consider whether he should get a new trial.
Justices Antonin Scalia and Clarence Thomas dissented from the decision to order an evidentiary hearing, with Scalia saying that "every judicial and executive body that has examined petitioner's claim has been unpersuaded."
Davis' "claim is a sure loser," Scalia said. "Transferring his petition to the District Court is a confusing exercise that can serve no purpose except to delay the state's execution of its lawful criminal judgment."
Scalia said the Supreme Court was sending the District Court for the Southern District of Georgia "on a fool's errand."
"That court is directed to consider evidence of actual innocence which has been reviewed and rejected at least three times," he said.
Justice Sonia Sotomayor, who was just confirmed as a new justice earlier this month, did not take part in the consideration of Davis' motion, the court said.
© 2009 The Associated Press.

http://hosted.ap.org/dynamic/stories...MPLATE=DEFAULT

[lisainengland]

I hope this trial will prove Troy's innocence and finally set him free

[JJS811]

This is wonderful news. I hope the truth finally outs, and Troy walks out a free man. Thank you for posting Mamma.

[mammastalkin]

I hope he does too, JJ. I fear it is not going to happen soon but this is a victory for Troy and his team. Congrats to all of them and much love to Martina.

[JJS811]

Mamma, so many of us across the world have campaigned and fought so hard for this. The fact he has a new hearing is a small victory, but one I pray will now be built on, and turned into a complete success story for Troy, and others like him. This is such good news, I could dance...lol

[Fluffy T]

The U.S. Supreme Court on Monday gave Troy Anthony Davis the chance to present evidence in court that the condemned man has said for years will clear him of the murder of a Savannah police officer.

http://www.ajc.com/news/court-says-t...is-117260.html

[mammastalkin]

Originally Posted by JJS811

Mamma, so many of us across the world have campaigned and fought so hard for this. The fact he has a new hearing is a small victory, but one I pray will now be built on, and turned into a complete success story for Troy, and others like him. This is such good news, I could dance...lol

I know it is a victory JJ and we all have to follow through. Our work is not done.

[JJS811]

I agree. This is the victory of a battle, we still have to war to tackle...

Originally Posted by mammastalkin

I know it is a victory JJ and we all have to follow through. Our work is not done.

[tweedybird]

This is wonderful news. It's very encouraging. I hope the truth comes out in the new hearing.

[Lordbew/us]

Wooo hooo!
I live in ga, and i am keeping a close eye on troy davis' case.
I truly hope justice prevails.

[DaveMoff]

This is wonderful news indeed. At the very least, it may become a precedent-setting case for the virtually unheard-of concept that actual and tangible evidence of guilt is required for a conviction.

Some of you may be familiar with presumption of innocence and all that fancy stuff that is spelled out in the Constitution. Those of you who have had an encounter with the judicial system may well, like me, wonder what on earth happened to all of the protections in that document.