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.

Carter adds name to call for Davis clemency

Emergency stays of execution have been filed on behalf of death row inmate Troy Anthony Davis. And, another name has been added to the list of those calling for a review of the case. The nation’s highest court is scheduled to consider a request to halt Davis’ execution at their first conference on Sept. 29. A similar request for stay has been filed with Georgia’s top court. Davis is scheduled to die by lethal injection this coming Tuesday for the 1989 shooting death of an off-duty Savannah police officer. The state of Georgia had petitioned both courts not to consider the case. The case has attracted international attention. Earlier today former President Jimmy Carter issued a statement urging the Georgia and Pardons and parole board to reverse its decision to deny clemency to Davis. Carter says the case shows deep flaws in the application of the death penalty in this country. Davis’s lawyers have tried to spare his life by arguing Davis needs a new trial because 7 of the 9 witnesses in the original trial have since recanted their testimony.

Anti-death penalty rally

Hundreds rallied on the steps of the Capitol in Atlanta Thursday evening to protest the pending execution of Troy Anthony Davis. Davis is set to die by lethal injection on September 23, unless the state Board of Pardons and Paroles grants a new trial. The Board will consider a petition for new trial on Friday.

Davis' conviction in the 1989 shooting death of off-duty Savannah Police Officer Mark MacPhail, has spurred controversy about the reliability of eye witness testimony. Seven of nine witnesses who testified during the original trial have since recanted. Those witnesses now say they were either mistaken or were threatened by police.

Davis’ family and supporters say there is no physical evidence linking Davis to the crime. Earlier this year, the Georgia Supreme Court ruled 4-3 against granting Davis a new hearing on the evidence.

Shuja Graham, 51, (top left) was exonerated after spending more than half his life on California's death row at San Quentin Prison. Graham was 18 years old when he was convicted and sent to jail.