Death Penalty
11th Circuit Rejects Appeal by Death-Row Inmate Claiming Innocence
Posted Apr 17, 2009, 12:29 pm CST
By Debra Cassens Weiss
A federal appeals court has rejected an appeal by a Georgia death-row inmate who claims the Eighth Amendment bars his execution because he is innocent.
In a 2-1 decision (PDF), the Atlanta-based 11th U.S. Circuit Court of Appeals rejected the claim by Troy Anthony Davis, the Atlanta Journal-Constitution reports. “Davis has not presented us with a showing of innocence so compelling that we would be obligated to act today,” the majority opinion said. "Rather, the record, including all of the post-trial affidavits, is, at best, tortured and difficult."
Seven of nine witnesses at Davis’ trial for killing a police officer have since recanted their testimony. The case has received international attention.
Judge Rosemary Barkett dissented from the ruling, the story reports. “To execute Davis, in the face of a significant amount of proffered evidence that may establish his actual innocence, is unconscionable and unconstitutional,” she wrote. Barkett said no court has ever conducted a hearing to assess the reliability of affidavits supporting Davis’ claims, the Associated Press reports.
The 11th Circuit stayed its ruling for 30 days to give Davis a chance to appeal.
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