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Aug 17, 2009
Troy Davis Gets Hearing, Says U.S. Supreme Court!

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http://www.care2.com/news/member/513396753/1223927

US Politics & Gov't  (tags: TroyDavis, U.S.SupremeCourt, HearingforTroyDavis, CapitalPunishment, Abolitionists, JusticeForTroyDavis, GeorgiaSuperiorCourt, AssistanceToTheIncarceratedMentallyIll, AIMI, MaryNeal, LarryNeal, DogJustice, WrongfulDeathOfLarryNeal )

Mary
- 1 hour ago - ajc.com
The Supreme Court on Monday ordered a new hearing for death row inmate Troy Davis, whose supporters say is innocent and should be spared from execution for killing an off-duty police officer almost 20 years ago.
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Hello!  Good News!  THE SUPREME COURT RULED THAT TROY DAVIS WILL GET A HEARING,
HOWEVER . . . .

I don't really know if we should be popping the champaign bottle open just yet. The article reads, "The high court ordered a federal judge in Georgia to determine whether there is evidence 'that could not have been obtained at the time of trial (that) clearly establishes petitioner's innocence.'"

That means the decision goes back to the same Georgia courts that repeatedly decided against even giving Troy Davis a hearing at all. Yet, we will have to take this one step at a time and hope for the best.

"CLEARLY ESTABLISHING INNOCENCE" is a much tougher thing than establishing reasonable doubt, which is all that is needed to get "not guilty" verdicts during a regular trial. I have been wondering all day how that could be done in Troy's case since there is no forensic evidence for DNA testing.

I am not an attorney, but the standard set by the Supreme Court for Troy apparently demands that he give irrefutable proof of his innocence. This disturbs me because all I read that his lawyers have is evidence of reasonable doubt of Troy's guilt, such as the seven witnesses retracting their testimony or contradicting earlier accounts of what happened.

Therefore, Troy's success seems to depend on a standard that might not be possible to reach: irrefutable proof from a defendant with no forensic evidence?  I am no lawyer, so hopefully . . 

Read the whole article at the link below or at Care2 News at the link above.

*****************

August 17, 2009 11:26 AM EDT
Copyright 2009, The Associated Press.

 

 
 
Content and comments expressed here are the opinions of Care2 users and not necessarily that of Care2.com or its affiliates.

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Mary Neal
, 5, 2 children
Atlanta, GA, USA
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