- Sydney Carton
- Apr 20 2009, 03:00 PM
T This is another habeas case. But, the law says no. SC: Are you actually claiming ,X,that these judges acted illegally in hearing this appeal? Well then obviously you don't want us to rely on any dribble which these idiot savants have recently penned in explication of their highly illegal conduct.
It isn't actually an appeal.
- Quote:
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On October 22, 2008, Troy Anthony Davis (“Davis”), a Georgia death row inmate, has filed an application with this Court seeking authorization to file a second or successive 28 U.S.C. § 2254 federal habeas petition, raising for the first time a freestanding actual innocence claim. Davis had previously filed a federal habeas petition in the United States District Court for the Southern District of Georgia in 2001, alleging, among other things, violations of Giglio v. United States, 405 U.S. 150, 92 S. Ct. 763 (1972), Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194 (1963), and Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052 (1984). Davis now claims that his execution would violate the Eighth and Fourteenth Amendments because he is actually innocent of the offense of murder. We took the unusual step of staying Davis’s execution, which had been scheduled for October 27, 2008, and ordered the parties to submit further briefs. Thereafter, we scheduled the case for oral argument. Having the benefit of the parties’ briefs and after hearing extensive oral argument, we deny Davis’s application.
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