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Biden Has 65 Days Left in Office. Here’s What He Can Do on Criminal Justice.

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Judicial appointments and the death penalty are among areas where a lame-duck administration can still leave a mark. Donald Trump’s second presidential term will begin on Jan. 20, bringing with it promises to dramatically reshape many aspects of the criminal justice system. The U.S. Senate — with its authority over confirming judicial nominees — will also shift from Democratic to Republican control.

State supreme court denies Davis’ stay

Troy Anthony Davis now sits where he was little more than a year ago, hours away from being put to death by lethal injection.

In July 2007, the state Board of Pardons and Paroles stepped in and stayed Davis’ execution less than 24 hours before it was to be carried out. But on Monday, the board rejected pleas to reconsider its recent decision to deny clemency on grounds there is too much doubt as to whether Davis shot and killed a Savannah police officer.

Also Monday, the Georgia Supreme Court denied Davis’ request for a stay of execution. Justice Robert Benham cast the lone dissent.

Davis’ last hope to avoid his 7 p.m. Tuesday execution now appears to rest with the U.S. Supreme Court, where his lawyers have also asked for a stay of execution.

Davis, 39, sits on death row for the Aug. 19, 1989, murder of Officer Mark Allen MacPhail. But since Davis’ 1991 trial, seven key prosecution witnesses have recanted their testimony. Read more>>>

Source: The Atlanta Journal-Constitution, Monday, September 22, 2008

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