| Viewing Single Post From: TROY DAVIS TO DIE, BY ONE VOTE | |
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| Sydney Carton | Apr 22 2009, 05:27 PM |
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"Simply put, the issue is whether Troy Anthony Davis may be lawfully executed when no court has ever conducted a hearing to assess the reliability of the score of affidavits that, if reliable, would satisfy the threshold showing for a truly persuasive demonstration of actual innocence, thus entitling Davis to habeas relief." "To execute Davis, in the face of a significant amount of proffered evidence that may establish his actual innocence, is unconscionable and unconstitutional," Barkett wrote. "The majority takes the position that we cannot permit Davis to bring his evidence before the district court because our discretion to do so is constrained by AEDPA. But AEDPA cannot possibly be applied when to do so would offend the Constitution and the fundamental concept of justice that an innocent man should not be executed," Barkett wrote. TB Yes, the law is the basis for the decision. Some don't like the law. SC Because some may,in fact, idealise the Law four of the last ten judges who have heard this case are sick with shame at what some of their colleagues will do to enforce what the surviving jurors freely recognize to be a false conviction. I assume that the observation about "trickery" was aimed at the majority,not the moral,dissenting justices. Trickery? The State of Georgia allots an impoverished defendant all of one thousand dollars to conduct a defense in a capital case.Troy Davis's then state appointed attorneys were running up to seventy-nine other cases simultaneously. Despite the utter financial impoverishment of the defense,the fury of the entire Georgia law enforcement establishment,and the ominous presence of the untouchable Red Coles and his mobsters,twenty-six people have volunteered evidence for the defendant. Repeat: "Simply put, the issue is whether Troy Anthony Davis may be lawfully executed when no court has ever conducted a hearing to assess the reliability of the score of affidavits that, if reliable, would satisfy the threshold showing for a truly persuasive demonstration of actual innocence, thus entitling Davis to habeas relief." "To execute Davis, in the face of a significant amount of proffered evidence that may establish his actual innocence, is unconscionable and unconstitutional." |
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| TROY DAVIS TO DIE, BY ONE VOTE · DUKE LACROSSE - Liestoppers | |
5:29 AM Nov 25
