All Things Considered Wednesday, July 15, 2009

Join GPB Radio tonight for All Things Considered. Plans for the future of Georgia's water supply. Plus, abortion, business law and more talk of a "wise Latina woman" ... details on Day Three of hearings with U.S. Supreme Court nominee Sonia Sotomayor. These stories and more tonight on All Things Considered with Rickey Bevington.

All Things Considered, Tuesday July 14, 2009

Tune into GPB Radio tonight from 4 - 6:30 PM. Find out why Georgia schools scored higher this year on federal rankings. Plus, details of Day Two of Congressional hearings with U.S. Supreme Court nominee Sonia Sotomayor. These stories and more tonight on All Things Considered starting at 4 PM on GPB Radio. Join us!

Afternoon Could Bring Davis High Court Decision

U.S. Supreme Court Justices closed their term this morning with a flurry of rulings. But while the flurry did not include a decision on the petition of Georgia death row inmate Troy Davis, that could come this afternoon when the high court is expected to release other orders of business.

Meanwhile, in Savannah, supporters of Anthony delivered petitions with 60,000 signatures to Chatham County's district attorney. They hope DA Larry Chisolm will reopen the convicted cop killer's case.

The NAACP, Amnesty International and other groups held a news conference outside the Savannah courthouse saying the petitions show overwhelming support for a new trial for Davis. They said about 11,000 of the signatures came from Chatham County. A spokeswoman for District Attorney Larry Chisolm accepted the petitions, but said the prosecutor had no comment.

Davis was convicted in 1991 in the slaying of off-duty police officer Mark MacPhail in Savannah. The U.S. Supreme court was expected to decide soon whether to hear his latest appeal.

Davis Hopes For High Court Reprieve

There are only a couple of days left for the nation’s high court to consider a last-chance hearing for Georgia death row inmate Troy Davis. With summer recess for the U.S. Supreme Court ahead, lawyers for Davis and others are watching to see whether the most recent petition is successful. It is generally assumed that if the high court does not decide by Tuesday to hear the Davis-petition, it would then be up to the Chatham County district attorney whether or not to go ahead with the execution warrant. Davis was convicted of murdering a Savannah police officer 20 years ago. Since then, several witnesses have recanted testimony. Davis has already had his execution delayed three times.

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.

Davis Case On U.S. Supreme Court Docket

Whether Georgia death row inmate Troy Davis should get the chance to have his high-profile case heard by the nation’s high court-might be determined soon. The Davis-case is on the docket of the U.S. Supreme Court today. Since the Davis conviction for the killing of a Savannah police officer almost 20 years ago, several witnesses have recanted testimony. Still, the 11th U.S. Circuit Court of Appeals says it was "unpersuaded" by affidavits supporting Davis, and cleared the way again for execution. The Davis-case has drawn the attention of former president Jimmy Carter, the Pope, and several high profile U.S. lawmakers, among others.

NAACP Continues Push For New Davis Hearing

About 200 people were on-hand Saturday afternoon in a Savannah park, joining the NAACP in a rally to support Georgia death row inmate Troy Davis. NAACP President Ben Jealous led the rally, and later led supporters in a petition drive hoping to pressure local prosecutors to re-open the case. Davis was convicted in 1991 of the killing of police officer Mark McPhail 20 years ago. Since then, several witnesses have recanted testimony, and high profile names such as former president Jimmy Carter have called for a fresh look at the case.

The NAACP hopes to get 10,000 signatures on a petition local prosecutors to step in. But barring an late intervention by the U.S. Supreme Court, Davis could be executed next month. The nation’s high court has the Davis-case on its Thursday docket.

Group Urges Chatham DA To Re-open Davis Case

On Georgia’s coast, supporters of convicted cop killer Troy Davis want the new Chatham County district attorney to reopen the case. A news conference held by Savannah’s NAACP chapter Thursday requested DA Larry Chisolm reconsider claims of innocence for Davis, convicted in the 1989 killing of police officer Mark McPhail. The group hopes consideration will be given to statements by witnesses who have recanted testimony since the trial. Chisolm took the DA reigns in January, and has not commented on the case. The U.S. Supreme Court currently has a Davis-appeal in front of them.

Gingrich Withdraws 'Racist' Comment

Former House Speaker Newt Gingrich says he shouldn't have called Supreme Court nominee Sonia Sotomayor a racist. In a letter to supporters Wednesday, the Georgia Republican said his words had been "perhaps too strong and direct." Sotomayor would be the first Hispanic and the third woman to serve on the high court. Gingrich said last week that she was a reverse "racist" who should withdraw her nomination, based on a 2001 speech in which Sotomayor said the decisions of a "wise Latina" would be better than those of a white male without similar experiences. Gingrich conceded that Sotomayor's rulings have "shown more caution and moderation" than her speeches and writings.

(Associated Press)

Former Judges, Prosecutors Throw Support Behind Death Row Inmate

27 former judges and prosecutors filed a brief with the U.S. Supreme Court supporting the appeal of death row inmate Troy Davis to avoid execution. Among those who signed onto the brief Wednesday are former Deputy Attorney General Larry Thompson and ex-Congressman Bob Barr, once U.S. attorney for the Northern District of Georgia.

Davis' attorneys have asked the high court to send his case back to a federal judge for a hearing. They say that to execute him without a full and fair hearing on his claims of innocence would be unconstitutional.

Davis was sentenced to die for the 1989 slaying of Mark MacPhail, an off-duty Savannah police officer. Seven of nine key witnesses against Davis have recanted their testimony.

Mohawk Case To Be Heard By U.S. Supreme Court

The nation’s high court has agreed to hear an appeal by northwest Georgia-based Mohawk Industries in its legal battle against a former shift supervisor. Hired in 2006, Norman Carpenter says he was later fired after he told company officials a temporary agency was sending undocumented workers to fill jobs at a Mohawk plant.

According to the Atlanta Journal-Constitution, Carpenter alleges Mohawk tried to prevent him from testifying in another lawsuit where current and former employees charged the company recruited and hired illegal immigrants.

Calhoun-based Mohawk in its court filing says Carpenter was fired because HE hired illegal workers in his position as supervisor. The company also denied other allegations.

A recent appeal in the case to a U.S. Circuit Court of Appeals has now led to Mohawk’s filing to the U.S. Supreme Court.

State owes million from foster care case

The state is still on the hook for more than $11 million for lawyers who filed a lawsuit that led to dramatic changes in Georgia's foster care system. The full 11th U.S. Circuit Court of Appeals declined Wednesday to rehear the state's appeal of U.S. District Judge Marvin Shoob's award of $10.5 million in attorney fees. At issue is whether Shoob correctly applied a $4.5 million enhancement on top of a $6 million award. The case could go to U.S. Supreme Court.

(Associated Press)

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.

Voting rights groups pursue legal challenge

A new ruling by the U.S. Supreme court has emboldened Georgia voting rights groups. The high court overruled a federal appeals court that ordered Ohio's top elections official to do more to help counties verify voter eligibility. The Georgia groups will ask a three-judge panel tomorrow to prevent state officials from matching new voting applications with driver's license and Social Security data. They say the checks amount to a "systematic purging" of rolls just weeks before the Nov. 4 election.

(Associated Press)

Justice condemns death penalty process

A U.S. Supreme Court justice has criticized the way Georgia's top court reviews death penalty cases. The opinion by Justice John Paul Stevens' criticizes the Georgia Supreme Court's practice of reviewing each case to determine if the punishment is proportional. The process aims to ensure that a capital punishment sentence isn't disproportionate to penalties in similar cases.

Stevens said he worries about a special risk of arbitrariness in cases that involve black defendants and white victims. Stevens' opinion is part of a ruling Monday that denied a review of the death penalty against Artemus Rick Walker, a black man who was sentenced to death for a 1999 murder of a white banker.

Justice Clarence Thomas noted that Georgia's proportionality review is not required by federal law or by Supreme Court precedent. And Thomas says there is nothing constitutionally defective about the Georgia Supreme Court's determination. The Georgia Supreme Court declined comment on the rulings.

(Associated Press)

Davis execution re-set

Georgia’s longest serving death row inmate again has an execution date set--7pm October 27th. A Chatham County judge yesterday decided on the window for the execution of Troy Davis. The Department of Corrections then set the exact time and date. This represents Davis’ third execution date in little more than a year. Earlier this week, the U.S. Supreme Court cleared the way for execution by refusing to step into the debate over Davis’ case.

Davis is convicted of the 1989 murder of a Savannah police officer. Since that trial, seven of nine witnesses have recanted testimony.

Troy Davis execution likely

Georgia's most high-profile death row inmate has lost his last chance at clemency. Today the U.S. Supreme Court declined to hear the case of Troy Davis. Davis was sentenced to death for the 1989 murder of a Savannah police officer. He had requested a new trial because seven of the nine witnesses against him have recanted their testimony. The nation's highest court granted Davis a temporary reprieve September 23rd just hours before his scheduled lethal injection.

(Associated Press)

Davis case pushed back by U.S. top court

The U.S. Supreme Court has pushed back its consideration of Georgia death row inmate Troy Davis. The high court was expected to issue a decision Monday as to whether to hear the Davis case--it elected to move it to a private conference on its Friday schedule. Two weeks ago, Davis was granted a stay of execution less than two hours before he was to face lethal injection. Davis was convicted of the 1989 murder of an off-duty Savannah police officer. Since the trial, several witnesses in the case have recanted.

US Supreme Court to hear Troy Davis case today

The U.S. Supreme Court meets to decide the fate of Troy Anthony Davis today. Davis was scheduled to die last week by lethal injection but got a last minute stay of execution. He was convicted of killing a Savannah police officer in 1989. His case has become an international controversy because 7 of nine witnesses have since recanted their testimony against him.

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.