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October 8 2008 | UNITED STATES


Supreme Court postpones decision on Davis' appeal

printable version



WASHINGTON, 6 OTT - La Corte Suprema degli Stati Uniti decidera' solo venerdi' il destino di Troy Davis, condannato a morte in Georgia per avere ucciso un poliziotto: i suoi avvocati hanno chiesto una revisione del processo.
L'esecuzione di Davis era stato sospesa dalla Corte Suprema il 23 settembre solo due ore prima del suo appuntamento col boia.
I legali hanno chiesto una revisione del processo sostenendo che gran parte dei nove testimoni del primo procedimento hanno modificato la loro versione dei fatti.
La Corte Suprema avrebbe dovuto decidere oggi sul caso e il fatto che non fosse stato preso in considerazione dai nove giudici aveva fatto credere che vi fosse stata una risposta negativa.
Ma successivamente un portavoce della Corte Suprema ha precisato che la decisione sul caso di Troy Davis sara' presa solo venerdi'.


Atlanta Journal-Constitution

GEORGIA:Court to consider Davis' appeal in private - No indication how or when Supreme Court will decide on cop killer’s case

The U.S. Supreme Court apparently needs more time to look at an appeal from death-row inmate Troy Anthony Davis, whose claims of innocence have attracted international attention.
The high court issued orders Monday addressing the appeals of numerous cases, but none as to whether it will accept or reject Davis' appeal. Instead, the court, in a listing on its docket, said it will meet in a private conference on Friday to consider Davis' appeal.
On Sept. 23, the court halted Davis' execution less than 2 hours before it was to be carried out. The court's 9 justices then met in conference on Sept. 29 to decide whether to accept the appeal. Now, they will meet once more to discuss the case.
The court did not say when it will issue a decision.
Davis, who claims he is innocent, is asking the court to order a judge to grant him a hearing. Since Davis' trial, 7 of 9 key prosecution witnesses to testify against him recanted their testimony.
Davis sits on death row for the Aug. 19, 1989, murder of Mark Allen MacPhail, a 27-year-old officer shot dead after he responded to the wails of a homeless man being pistol whipped in a Burger King parking lot. The father of 2 did not have time to draw his gun before being shot 3 times.
Davis is appealing a ruling by a sharply split Georgia Supreme Court. His lawyers are asking the U.S. Supreme Court to declare that the Eighth Amendment’s ban on cruel and unusual punishment bars the execution of the innocent and requires at least a court hearing to assess recantation evidence.
"It's obviously a very important case and the justices are still considering it," Carl Tobias, a University of Richmond law professor, said. "Maybe the justices are split about it and want more time to consider it."
It is not unusual, Tobias said, particularly given the backlog of cases appealed during the summer months, for the court to take several weeks to decide whether to hear an appeal such as Davis.

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