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.

Comments
Ashley Kincaid
Apr 17, 2009 2:22 PM CST
I drove from Indiana to Georgia in September and was able to celebrate Troy’s stay less than an hour and a half before his execution with his family. It was an amazing experience and changed my life. I have thoroughly read all affidavits and legal documents. I believe without a shadow of a doubt in my heart he is innocent. Please go to amnestyusa.org and visit Troy’s page and urge the governor to grant clemency. Together we can all make a difference and save Troy. It is after all because people have stood up against this injustice that he is alive today.
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Jim in Ohio
Apr 18, 2009 4:21 AM CST
http://takeaction.amnestyusa.org/siteapps/advocacy/index.aspx?c=jhKPIXPCIoE&b=2590179&template=x.ascx&action=11448
URL to exact page.
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