Federal court rejects Troy Davis’ appeal

Killer gets 30-day stay of execution to pursue appeals
By BILL RANKIN
The Atlanta Journal-Constitution
Thursday, April 16, 2009

I'm sure anyone reading my blog remembers this story, I've been following Troy Davis for quite a while. It truly amazes me how they can still be rejecting his appeals...

The federal appeals court in Atlanta on Thursday rejected death-row inmate Troy Anthony Davis’ bid for a new trial on claims he did not kill a Savannah police officer in 1989.

In a 2-1 opinion, the 11th U.S. Circuit Court of Appeals ruled that Davis could not establish by clear and convincing evidence a jury would not have found him guilty.

Davis’ innocence claims have attracted international attention. They rely largely on the recantations of key prosecution witnesses who testified at trial and on statements by others who say another man told them he was the actual killer.

In October, the 11th Circuit granted Davis a stay three days before he was to be put to death by lethal injection. It marked the third time Davis’ life was spared before his scheduled execution.

On Thursday, the two-judge majority noted that state courts and the Georgia Board of Pardons and Paroles had exhaustively reviewed Davis’ claims and rejected them.

Judges Joel Dubina and Stanley Marcus said they agreed with those conclusions. “Davis has not presented us with a showing of innocence so compelling that we would be obligated to act today,” they wrote.

The judges said they view the recantations with skepticism and, after reviewing Davis’ claims, “remain unpersuaded.”

Judge Rosemary Barkett dissented. “To execute Davis, in the face of a significant amount of proferred evidence that may establish his actual innocence, is unconscionable and unconstitutional,” she wrote.

The 11th Circuit kept in place its stay of execution for another 30 days so Davis can pursue his final appeal before the U.S. Supreme Court. The high court in October declined to consider a previous appeal.

Davis, 40, stands convicted of killing off-duty Savannah Police Officer Mark Allen MacPhail. The 27-year-old former Army Ranger was shot three times before he could draw his weapon.

Russ Willard, spokesman for state Attorney General Thurbert Baker, said the 11th Circuit made the “correct decision.”

Tom Dunn, one of Davis’ lawyers, said he was disappointed, but would fight on. “Troy is innocent and this struggle is far from over.”

PLEASE REPOST: Nation Wide Protests November 15, 2008

Fight the H8 in California!!!

Over the last several days, tens of thousands of Gay, Lesbian, Bisexual, Transgender and their Supporters have taken to the streets of California to show their outrage with the passage of CA Proposition 8. Prop 8 provides for a Constitutional Amendment to prohibit same-sex marriage rights. Similar amendments and propositions have been passed in AZ and FL. The passage of these propositions has angered the gay community and their supporters. Many feel as if they are now second-class citizens in a country that has seen that change can happen with this historical election. They do not feel that a majority should be able to vote on minorities’ rights or vote to take anyone’s rights away.

On Saturday, November 15, 2008 this community will again take to the streets in what could be the largest organized Protest / Movement since the Civil Rights Movement. To date, more than 250,000 individuals have pledged to take part in the nationwide event, in which they will descend upon the City Halls, State Capitols and the Nation’s Capitol to make their voice heard. Signs, posters and numerous websites have already been created and the word is spreading quickly throughout the nation. Jointheimpact.com lists protest locations in all 50 States and the District of Columbia.

The message is simple, yet loud; Equal Rights for All. Signs seen at the many protests that have already taken place in Los Angeles, San Francisco, San Diego, Chicago and Salt Lake City read: “No More Mr. Nice Gay – Equal rights for all people”, “Fight the H8”, “Teach Acceptance – Not Hate”, “I am now a 2nd class citizen”, “I am a victim of H8” to name a few. The organizers of this nationwide event have stressed that it, like the protests that have taken place over the last week; will also be peaceful demonstrations. “The time has come here in America for all people to be afforded equal rights, and we will not stop until everyone receives Equal Rights.” The Protest / Movement is scheduled to take place across the nation at the same time: 1:30 PM Eastern, 12:30 PM Central, 11:30 AM Mountain and 10:30 AM Pacific on Saturday, November 15th, 2008. Those interested in attending this historical event may find their local protest location by visiting: http://jointheimpact.wetpaint.com