U.S. High Court Set to Decide on Davis Death Case

(Photo Credit: Valarie Edwards)

The U.S. Supreme Court is set to consider whether it will hear the case of Georgia death row inmate Troy Anthony Davis. Davis was convicted of the 1989 murder of off-duty Savannah police officer Mark McPhail.

What Davis' lawyers are waiting to learn is whether the U-S Supreme Court will hear arguments on his request for a writ of habeas corpus. The phrase is Latin for "present the body." It's a lawsuit against a prison warden demanding that he prove a prisoner is not being held in violation of his constitutional rights. If the court will hear the habeas arguments, Davis cannot be executed pending the outcome of the hearing.

Davis' execution has been delayed three times over concerns that another man is the real killer. Seven of the nine witnesses who testified in the original case have recanted their testimony. Some say they were threatened by local police. However, earlier this year the 11th U.S. Circuit Court of Appeals cleared the way for Davis' execution, saying it was "unpersuaded" by the affidavits.

The U.S. Supreme Court could decide whether it will hear the case as early as this week or carry it into the next term which begins in October. If the court refuses to hear the habeas arguments, the ruling of 11th U.S. Circuit Court of Appeals will stand.

President Names Atlanta Judge for US Court Post

President Barack Obama has nominated one of Georgia’s own for a vacant seat on the 11th U.S. Circuit Court of Appeals. U.S. District Judge Beverly B. Martin of Atlanta has been on the district court bench since 2000.

The 53-year-old grew up in Macon, graduated from Stetson University and the University of Georgia School of Law. After private practice in Macon, she worked for 10 years as an assistant state attorney general, then served as assistant U.S. attorney and U.S. Attorney in the Middle District of Georgia.

If confirmed by the Senate, Martin will fill the appeals court spot left by Judge R. Lanier Anderson, who assumed senior status February 1st.

The court hears appeals from Georgia, Alabama and Florida.

(Associated Press)

Court Upholds Sex Offender Registration

The federal appeals court in Atlanta has upheld a federal law requiring sex offenders to register with authorities when they move from one state to another. A three-judge panel of the 11th U.S. Circuit Court of Appeals said a federal judge in Florida erred when he ruled that the Sex Offender Registration and Notification Act of 2006 was "facially unconstitutional." The cases involved men who had registered elsewhere but failed to do so when they moved to Florida. The assistant federal public defender in Tampa claimed Congress exceeded its authority by passing the law because the sex offender registration is already controlled by the states.

(Associated Press)

Coaches Not Liable in Player's Death

A federal appeals court has decided who can't be held liable for a high school football player's death. The three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta ruled today three Rockdale County High School football coaches cannot be held liable for the death of a 15-year-old. Tyler Davis died the morning after collapsing from the heat during voluntary workout in July 2006. His parents sued the school system, the state of Georgia and various school employees. The court ruled the coaches are entitled to qualified immunity as public employees performing their duties.

(Associated Press)

Christian fraternity defends "core beliefs"

A Christian fraternity from the University of Florida is under fire for discrimination.

Lawyers for Beta Upsilon Chi argued before the 11th U.S. Circuit Court of Appeals today that the school’s non-discrimination policy threatens the fraternity’s core beliefs.

The fraternity, which requires its members to be Christian, has been barred from the off-campus system of fraternities and sororities. That’s because its rules prohibit any type of religious discrimination.

An injunction was issued in July that forced the school to recognize the fraternity while the case moves forward.


(Associated Press)

Date set for death row inmate's appeal

An appeals court will hear arguments on whether death row inmate Troy Anthony Davis can file a second federal challenge to his conviction.

A three-judge panel from the 11th U.S. Circuit of Appeals will convene December 9 to consider what the defense calls new evidence.

Davis was sentenced to death for the 1989 murder of Savannah police officer Mark MacPhail.

Courts have intervened three times since July 2007 to stop the execution. Davis was scheduled to die October 27 but was granted yet another stay of execution.