The Supreme Court will decide Monday whether it will take Davis' case. If it doesn't, he likely will be executed, despite evidence of his innocence. Troy Anthony Davis was scheduled to die by lethal injection Tuesday. Two hours before the state of Georgia was to execute him, the U.S. Supreme Court issued a stay until Monday. It had earlier agreed to hear Davis' case on Sept. 29, but Georgia set his execution date six days before the hearing. Davis was charged with killing Mark MacPhail, an off-duty police officer, in Savannah, Ga., in 1989. Davis had gone to the aid of a homeless man who was being pistol-whipped in a parking lot. Seeing the gun, he said he fled. MacPhail, working security nearby, intervened next, and was killed. Davis, an African-American, claimed his innocence, but was found guilty and sentenced to death. Since his conviction, seven of the nine non-police witnesses have recanted their testimony, alleging police coercion and intimidation in obtaining t