On Friday, October 24, 2008, a federal appeals court temporarily stopped the execution of Georgia deathrow inmate Troy Anthony Davis who was scheduled to be put to death by lethal injection.
The federal appeals court order marks the third time a stay of execution has been issued in this case, an unusual occurrence according to most legal experts. While each stay offers the hope that justice will be served, each stay so far has been followed by another legal setback and has put Davis another step closer to obtaining a new trial and proving his innocence.
This stay has been issued pending Davis' attorney's ability to prove to the Court that no jury today would have found him guilty based on the evidence available including the recanted testimony of significant witnesses and the identification of another person as the shooter who killed Atlanta police officer Mark MacPhail. Davis insists that he was not at the scene of the crime when the shooting took place and evidence continues to grow asserting Davis' claim. If Davis' attorney is able to convince the Court of the merits of the case and the Court agrees to a hearing, then the stay will extend beyond 25 days. If the Court does not agree to a hearing or if the Court agrees to a hearing but does not rule in Davis' favor, then the State of Georgia once again may seek a death warrant and set a new execution date.
Click on this link to access an article in The New York Times that discusses the latest development in this case in further detail.
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