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Crossposted: Electronic Village
Drumbeats from Sojourner informed us that Troy Davis‘ appeal was rejected by the federal appeals court in Atlanta yesterday. In the 2 to 1 opinion, the court ruled that Troy was unable to establish by clear and convincing evidence that a new jury would not find him guilty.
Troy was convicted of killing off-duty Savannah Police Officer Mark Allen MacPhail. The 27-year-old former Army Ranger was shot three times before he could draw his weapon. Davis’ innocence claims have attracted international attention. They rely largely on the recantations of key prosecution witnesses who testified at trial and on statements by others who say another man told them he was the actual killer.
The lone dissenter, Judge Rosemary Barkett, wrote:
To execute Davis, in the face of a significant amount of proferred evidence that may establish his actual innocence, is unconscionable and unconstitutional.
Troy is left with a 30-day stay of execution so that he can appeal to the US Supreme Court. His chances are slim when you consider that the US Supreme Court declined to hear his appeal last October.
I watch a TNT television series called Saving Grace. One thing that it showed me was that even divine intervention cannot stop death penalty executions. Even so, I hope that Troy Davis has a last chance angel like Earl. What say u?
3 Comments
I thought the standard for a new trial was that there was significant new evidence, including significant newly discovered problems with critical evidence used at trial, which might lead a jury to reach another conclusion.
The standard that the newly discovered evidence must convince a jury to make a finding of not guilty is virtually impossible to meet. Even DNA evidence showing the accused could not have done the crime could be disputed by a single juror.
This standard places judicial certainty above justice, the obvious purpose for which certainty is an important criteria. Who wonders now why the former Texas governor who laughed at death penalty appeals paid so much attention to remaking the federal judiciary in his image?
Georgia sucks and does it badly. From their voting ’system’ onward.
Why people think that murder sanctioned by the ‘State’ is acceptable is beyond me.
recommended. tried to digg it but i have no idea how to start a digg. can anyone tell me?