BREAKING: The 11th Circuit has granted a stay in the case of Troy Anthony Davis! Mr. Davis's legal team has been granted 15 days to file, after which the state has 10 days to respond.
While the case is well known, a synopsis of the situation will follow the jump...
"Upon our thorough review of the record, we conclude that Davis has met the burden for a stay of execution," the court said in a ruling issued by Judges Joel Dubina, Rosemary Barket and Stanley Marcus.
Reported by Bill Rankin and Rhoda Cook of the Atlanta Journal-Constitution.
The full text of the order can be found here:
-Thanks to deathwatch with the quick link! he also provided details on the burden on petitioners in this situation:
A petition for second habeas will be denied unless:
(A) The applicant shows that the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or
(B) (i) The factual predicate for the claim could not have been discovered previously through the exercise of due diligence; AND
(ii) The facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense.
(28 U.S.C. 2244)
Part A does not apply here. Where Davis may have a hard time is B(i), which is why the Court's second question, about whether it's acceptable to execute an innocent person who fails to meet B(i), is interesting.
-Deathwatch
Beyond a Reasonable Doubt? A brief, brief summary of Troy's claims:
Troy Anthony Davis is on death row in the state of Georgia. He was convicted of the murder of police officer Mark Allen MacPhail, who was off-duty at the time, working as a security guard at a Burger King in Savannah, GA.
The case built against Mr. Davis was based on eyewitness testimony alone, as there was no physical evidence and the murder weapon was not recovered. Since the trial, seven of nine witnesses have recanted their testimony, and one of the two remaining witnesses is thought to be the guilty party (let us remind ourselves that this gentleman is to be presumed innocent until proven guilty, a right we wish the state had granted Troy).
To Troy Davis Supporters:
I like to think the state paid attention to the rallies last night - here in GA, and across the world. Last night, outside the GA capitol building, speakers included Troy's mother and sister, Mr. Cox of Amnesty International, Edward DuBose of the NAACP, Killer Mike, GA State Senator Vincent Fort, and a host of other speakers. There was a HUGE turnout and much support from the GFADP (Georgia Families Against the Death Penalty), two busloads in from North Carolina, and plenty of Georgians out in support. I was really impressed by our numbers and our spirit - you could hear the rally from blocks away!
Today, supporters brought petitions with 140,000 signatures, including 100 members of the Clergy. And this is only the last two days; it would take forever to write of all the actions, petitions, demonstrations, rallies, and other events that have taken place in support of Troy, each seemingly larger and more electric than the last...
A thanks and much respect to everyone who worked hard to bring this injustice to the forefront - but let us remember, this is not over! Lets fight for Troy like he was on the ticket, as he truly does represent the justice that we all continue to fight for.
UPDATE...MSM GOODIES:
CNN
AP
AJC