Supreme Court Ruling a Miscarriage of Justice: Decision Permits Execution of Troy Davis

** In a recent development, the 11th Circuit Court has scheduled oral arguments to hear Mr. Davis’ case for December 9th.

The U.S. Supreme Court’s decision today to deny Troy Davis’ death penalty appeal will permit to execute him, as Mr. Davis has exhausted all other legal avenues. Mr. Davis’ execution was only two hours away when the Court granted a temporary stay on September 23 to decide whether to hear his case.

Virginia Sloan, President of the Constitution Project, said: “The U.S. Supreme Court’s decision to refuse to hear Troy Davis’ appeal constitutes the mere appearance of justice. Because seven witnesses changed their original testimony and six implicated another man since the conclusion of the trial, Mr. Davis deserves to have his claims of innocence fully evaluated. Instead, the courts have followed their procedures to this ultimate – and untimely – end. Justice should be more than a formality, and the Supreme Court should be more than a rubber stamp.

The Constitution Project’s Death Penalty Committee, in a recent report, condemned procedural barriers that prevent courts from addressing the kinds of claims raised by the Davis case. The bipartisan Death Penalty Committee includes supporters and opponents of the death penalty. Committee member and former FBI Director Williams S. Session, in a recent article on the Davis case, called upon the High Court to “grant certiorari to avoid a miscarriage of justice.”

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