Defense lawyers win stay of execution for Troy Davis
On Friday, the Eleventh Circuit Court of Appeals (the federal appeals court in Atlanta) issued a stay of execution for Troy Davis. The Atlanta Journal Constitution has the story.
This is a great victory for Mr. Davis and his lawyers, but it is only temporary. The defense lawyers will now have to file briefs to convince the appeals court that Mr. Davis deserves another appeal.
Considering the fact that seven of the state's nine key witnesses against Mr. Davis have recanted, the appeals court should give serious consideration to the defense lawyers' request for permission to pursue another habeas petition on the grounds of actual innocence. An evidentiary hearing is the best way to test the credibility of the witnesses' testimony and review any other evidence suggesting that Davis may actually be innocent of this crime.
Davis' lawyers have 15 days to file their written brief. The State has a right to file a response brief 10 days after that.
The question for the court will be whether Davis' lawyers have shown that there is clear and convincing evidence that Davis is actually innocent, and that such evidence could not have been discovered earlier. It is a difficult standard, but one I am sure Davis and his lawyers are anxious to try to meet.
