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Troy Davis' Evidentiary Hearing Concluded:Both parties asked to send in briefs by July 7

posted Jul 7, 2010, 10:53 AM by Kathryn Hamoudah   [ updated Jul 7, 2010, 10:57 AM ]
At the close of the hearing on June, 24, Judge Moore gave the
lawyers a list of questions that both sides must answer by July 7, and
said he will rule "promptly" after that.

The questions both parties were asked to brief are:

1) Whether the 8th Am. of the US Const. bars the execution of a
petitioner who has had a full and fair trial without constitutional
defect, but can later show his innocence;
2) What the appropriate burden of proof would be in the case of a
petitioner alleging innocence subsequent to a full and fair trial,
assuming that the 8th Am. of the US Const. does bar the execution of
such an individual upon a showing of innocence;
3) Whether 28 USC 2254 (d) [part of AEDPA] bars the Court from
granting relief in this case even if it finds that petitioner can
demonstrate his innocence.


Our coalition partner, Amnesty International, issued the following
statement at the close of Troy Davis’ evidentiary hearing:

Savannah, Ga. -- Anne Emanuel, legal analyst for Amnesty International
USA:

"Given the evidence that emerged from the two-day hearing it is clear
that the state's case  against Troy Davis is thin and tainted.
Today's hearing underscores the deepening doubt that has plagued this
case.  It is difficult to imagine that a jury would convict Davis
today after hearing four of the witnesses who convicted Davis 19 years
ago testify in open court before a judge that they lied. One
eyewitness testified for the first time that he saw his relative, the
alternative suspect, Sylvester "Redd" Coles, shoot police officer Mark
Allen MacPhail in 1989."
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