On May 20, twen­ty-sev­en for­mer judges and pros­e­cu­tors from across the polit­i­cal spec­trum filed an ami­cus brief with the U.S. Supreme Court in sup­port of Georgia death row inmate Troy Davis. Signers of the ami­cus brief include Larry Thompson (Deputy Attorney General of the United States, 2001 – 2003), for­mer Congressman Bob Barr (R‑GA; U.S. Attorney for the Northern District of Georgia, 1986 – 1990); William S. Sessions (Director, Federal Bureau of Investigation, 1987 – 1993), and John Gibbons (for­mer Chief Judge of the United States Court of Appeals, Third Circuit). Their brief urges the Court to order an evi­den­tiary hear­ing in District Court, argu­ing that Mr. Davis’ peti­tion for an orig­i­nal writ meets this Court’s excep­tion­al cir­cum­stances test because Mr. Davis can make an extra­or­di­nary show­ing through new, nev­er reviewed evi­dence that strong­ly points to his inno­cence, and thus his exe­cu­tion would vio­late the Constitution.” Davis’ attor­neys filed a writ of habeas cor­pus with the Court, pur­suant to its orig­i­nal juris­dic­tion, ask­ing for the same hear­ing. Davis has a sig­nif­i­cant amount of new evi­dence point­ing to his inno­cence that has nev­er been ful­ly reviewed in court. He was sen­tenced to death pri­mar­i­ly on eye­wit­ness tes­ti­mo­ny, but 7 of the 9 eye­wit­ness­es have recant­ed their tes­ti­mo­ny and some evi­dence points to one of the two remain­ing wit­ness­es as the per­son who com­mit­ted the mur­der. The ami­cus brief may be read here and the orig­i­nal writ of habeas cor­pus may be read here.

(Posted May 21, 2009) (See B. Rankin, Supreme Court asked to send back death-row case,” Atlanta Journal-Constitution, May 20, 2009). See also Innocence and Supreme Court.

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