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.

Congressmen Pledge Support for Death Row Inmate

After meeting for nearly two hours with death row inmate Troy Davis on Friday, two Georgia congressmen and the president of the NAACP say they are convinced of his innocence and committed to saving his life. Congressmen John Lewis and Hank Johnson say they plan to pursue other legal means to resolving Davis' case, which is in the U.S. Supreme Court on appeal. NAACP President Ben Jealous says the case is now a national priority for his organization. Davis was convicted in the 1989 killing of Savannah police officer Mark MacPhail. His guilt was put in question after several witnesses from his trial changed their testimony. Supporters are calling for a new trial. Lewis says he has considered asking for a presidential pardon for Davis, but has not yet spoken to President Barack Obama about intervening in the case.

(Associated Press)

Troy Davis in court again this week

This week lawyers for death row inmate troy Davis will once again try to stop his execution. Davis execution had been halted three times. On Tuesday his lawyers will make their case to a panel at the 11th U.S. Circuit Court of Appeals.

The hearing could focus less on the Davis case, but rather on whether the lawyers have the right under federal law to ask for a new trial.

They’ve struggled to convince any rout to grant their client another hearing. Since Davis’s conviction in 1991, his lawyers say 7 of the 9 witnesses have recanted their testimony.

Davis was convicted of killing Savannah police officer Mark McPhail.

Davis gets stay of execution

Death row inmate Troy Davis received another stay of execution on Friday--this from the 11th Circuit Court of Appeals in Atlanta. Davis was scheduled to die by lethal injection Monday. In its ruling, the three-judge panel said "upon thorough review of the record, we conclude that Davis has met the burden for a stay of execution". The panel ordered both sides to draft briefs for their arguments.

Supporters of Davis continue to press for a new trial, based on seven of nine witnesses who have recanted testimony. Davis was convicted in 1991 of the murder of Savannah police officer Mark McPhail two years earlier.

This is the latest turn in the case of Davis. Recently, Georgia’s longest serving death row inmate lost an appeal in front of the U.S. Supreme Court. Davis’ lawyers now have 15 days to file legal briefs on their arguments.

Family outraged at execution delay

The family of a police officer killed in 1989 is upset that the execution of the man convicted of his murder was delayed. Mark McPhail's mother, Anneliese MacPhail, said "I'm furious, disgusted and disappointed." Troy Davis' family and a busload of supporters sang, wept and prayed yesterday when they learned he was granted a temporary reprieve from the Supreme Court just hours before he was to be executed. Seven of the nine key witnesses who helped put Davis on death row have since recanted their statements.

Death row inmate seeks stay

Attorneys for death row inmate Troy Davis have asked the state Supreme Court to stay his execution while they appeal his case to the U.S. Supreme Court. Davis is scheduled to be executed in one week, on Sept. 23. He was convicted of the 1989 murder of Savannah Police Officer Mark Allen MacPhail. The Georgia pardons board denied clemency Friday for Davis after a day of hearing from eyewitnesses with lingering doubts about whether he killed the off-duty officer.

(Associated Press)

Georgia schedules second execution of 2007

A convicted cop killer has an execution date. Today the Department of Corrections set July 17th to execute 38-year-old Troy Anthony Davis. Davis was convicted of shooting Savannah police officer Mark McPhail in 1989. On Monday the U.S. Supreme Court refused to hear Davis’ appeal. This week Georgia executed convicted murderer John Hightower.

Georgia man remains on death row

Today a Georgia man lost his Supreme Court bid to avoid the death penalty. The nation’s highest court refused to hear Troy Anthony Davis’ case. Davis was convicted in 1991 of murdering police officer Mark McPhail. Today’s decision ends 12 years of appeals and means Davis has no further legal recourse to get off death row.