Skip to main content

11th Circuit granted Troy Davis provisional stay of execution

On 24 October, the US Court of Appeals for the 11th Circuit granted Troy Davis a provisional stay of execution. He had been scheduled to be put to death on 27 October. He has been on death row for 17 years for a crime he maintains he did not commit.

Troy Davis had exhausted his ordinary appeals against his conviction and death sentence, and the Georgia Board of Pardons and Paroles had denied clemency. On 22 October, Davis's lawyers applied to the 11th Circuit Court for an emergency stay of execution and for permission to file a second habeas corpus petition, maintaining that his execution would be unconstitutional.

In its decision issued on 24 October, the three-judge panel of the 11th Circuit stated that "entry of a stay on a second... habeas petition is a drastic measure," but "upon our thorough review of the record, we conclude that Davis has met the burden for a provisional stay of execution." The court then ordered the parties to address the question of whether Troy Davis can satisfy "the stringent requirements" under federal law to get back into court for further appeals on his innocence claim.

Specifically, the 11th Circuit Court ordered the parties to address the two-pronged question under the federal statute of whether (a) the basis for Troy Davis's claim of innocence could not have been discovered (and therefore raised in the courts) earlier, and (b) whether Davis can show that, in the absence of constitutional error at the trial, the facts underlying his claim of innocence would mean that no reasonable juror would have found him guilty of the crime. In addition, the 11th Circuit ordered the parties to address the question of whether Davis can be executed if he can establish innocence under (b), but cannot satisfy his burden under (a), in other words that his claim could and should have been raised earlier.

Davis's lawyers have to file their written arguments within 15 days of the 11th Circuit's order. After receiving this brief, the government has 10 days to file its response.

Troy Davis was convicted in 1991 of the murder of 27-year-old Officer Mark Allen MacPhail who was shot and killed in the car park of a Burger King restaurant in Savannah, Georgia on 19 August 1989. Troy Davis was also convicted of assaulting Larry Young, a homeless man, who was accosted immediately before Officer MacPhail was shot. At the trial, Troy Davis admitted that he had been at the scene of the shooting, but claimed that he had neither assaulted Larry Young nor shot Officer MacPhail. There was no physical evidence identifying Troy Davis as the gunman and the weapon used in the crime was never found. The case against him consisted of witness testimony. In affidavits signed over the years since the trial, a majority of the state's witnesses have recanted or contradicted their testimony. In addition, there is post-trial testimony implicating another man as the gunman.

In March 2008, the Georgia Supreme Court denied Troy Davis a new trial or a court hearing in which post-conviction evidence could be presented. The Chief Justice of the state Supreme Court, joined by two other Justices, dissented from this decision, arguing that "In this case, nearly every witness who identified Davis as the shooter at trial has now disclaimed his or her ability to do so reliably. Three persons have stated that Sylvester Coles confessed to being the shooter. Two witnesses have stated that Sylvester Coles, contrary to his trial testimony, possessed a handgun immediately after the murder. Another witness has provided a description of the crimes that might indicate that Sylvester Coles was the shooter." The Chief Justice stated that "the collective effect of all of Davis’s new testimony, if it were to be found credible by the trial court in a hearing, would show the probability that a new jury would find reasonable doubt of Davis's guiltor a least sufficient residual doubt to decline to impose the death penalty."

Troy Davis was less than two hours from execution on 23 September 2008 when the US Supreme Court issued a stay of execution to give it time to decide whether to hear his appeal against the Georgia Supreme Court's ruling. The stay of execution was dissolved on 14 October when the Court announced that it had decided not to take the case. The State of Georgia immediately moved to set a new execution date.

If the 11th Circuit Court of Appeals decides that Troy Davis has not met his burden under the federal statute to be able to pursue further appeals, the State of Georgia could again move to set another execution date.

More than 300,000 people in the USA and around the world have appealed for executive clemency for Troy Davis. Among them are former US President Jimmy Carter, Archbishop Desmond Tutu and Pope Benedict XVI; the European Union, the European Parliament, and the Secretary General of the Council of Europe; former FBI Director William Sessions, and former and current members of US Congress Bob Barr, Carol Moseley Braun and John Lewis.

On 23 October, the European Union (EU) issued a statement renewing its call for Troy Davis to be granted clemency, referring to the "serious risk of a miscarriage of justice, with irreparable consequences." Its statement continued: "The EU would point out that Mr Troy Davis' situation has aroused intense emotion and large-scale mobilization of the press, public opinion, community groups and eminent figures in the United States and across the world. None of these calls for clemency, with which the European Union has associated itself on several occasions, has yet been heeded. The EU strongly urges the competent authorities to respond positively."

International standards prohibit the execution of anyone whose guilt is in doubt. Amnesty International opposes Troy Davis's execution unconditionally, regardless of questions of guilt or innocence, as it does all use of the death penalty.

Since the USA resumed executions in 1977, 1,127 prisoners have been put to death, 43 of them in Georgia. In the same period, more than 100 people have been released from death rows around the country on grounds of innocence, many of them in cases in which witness testimony has been shown to have been unreliable. Several prisoners have gone to their deaths despite doubts about their guilt.

In late 2007, the United Nations General Assembly adopted a landmark resolution calling for a global moratorium on executions. There have been 28 executions in the USA this year.

For a full report on Troy Davis's case, see USA: 'Where is the justice for me?' The case of Troy Davis, facing execution in Georgia, February 2007, http://www.amnesty.org/en/library/info/AMR51/023/2007.

Source: Amnesty International

Comments

Most viewed (Last 7 days)

California | Becerra vows to extend moratorium despite past support for capital punishment

SACRAMENTO—Democrat Xavier Becerra defended the death penalty while serving as California’s attorney general, a punishment his office actively sought in the case of a gunman convicted of an Orange County mass shooting, but as the front-running candidate for governor, he has vowed to block executions if elected in November. Becerra said he will extend the blanket reprieve for all death row inmates that Gov. Gavin Newsom enacted by executive order in 2019, saying he supported “moving our state away from a costly, flawed system that disproportionately impacts Black and brown communities and too often gets it wrong.”

Iran | Afghan Citizen Executed in Wheelchair Due to Severe Mobility Disability

KABUL, AFGHANISTAN – Iranian authorities have reportedly executed an Afghan citizen, identified as Valijan Nourzay, at the central prison in Rafsanjan, according to the human rights organization Hengaw. Hengaw said in a statement on Sunday, September 6, that Nourzay was executed early Wednesday last week at Rafsanjan Central Prison. According to the organization, Nourzay had a severe mobility disability and was executed while in a wheelchair. Hengaw, citing informed sources, reported that Nourzay had been pursued by Iranian authorities three years ago over an alleged murder. He was reportedly seriously wounded after Iranian security forces opened fire on him in Rafsanjan before being arrested and later sentenced to death.

California | He spent 19 years on death row. His conversion to Judaism helped him endure

Johnny Morales struggled to find sleep. He dozed off for a few moments, but officers came to his death row cell and woke him a little after midnight. They needed to inventory and box up his belongings. He was leaving San Quentin.  Hands cuffed behind his back, he walked across the empty upper yard in the dim gray hours before daylight. An officer walked alongside him step for step, black latex-gloved fingers holding onto Morales’s arm. For almost 20 years, Morales could only experience the world outside his 4-by-11 foot cell in the condemned housing unit like this—chained and escorted by officers. Security protocols required all death row residents be handcuffed or shackled any time they were out in open space with staff.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Egypt TV presenter and 11 others sentenced to death in major drugs case

Egyptian television presenter Sarah Khalifa and 11 others have been sentenced to death by hanging after being convicted of drug trafficking and rape, while nine defendants received life sentences and seven were acquitted. Egyptian television presenter Sarah Khalifa, 39, has been sentenced to death by hanging along with 11 other defendants after being found guilty in a drugs case involving a criminal gang accused of importing ingredients used to manufacture narcotics for sale.

Florida executes Daniel Owen Conahan Jr.

In Florida’s 15th execution this year, man put to death for killing linked to ‘Hog Trail Murders’  A Florida man convicted in one of a series of suspected killings that became known as the “Hog Trail Murders” in the 1990s was put to death Thursday, becoming the state’s 15th person executed this year.  Daniel Owen Conahan Jr., 72, was pronounced dead at 6:12 p.m. after receiving a 3-drug lethal injection at Florida State Prison near Starke. He had been sentenced to die for the 1996 kidnapping and strangling of Richard Allen Montgomery, whose mutilated body was found in a wooded southwest Florida area where authorities found the remains of at least 6 people over a 3-year span.

Arizona AG seeks execution date for man convicted in 1995 trooper killing

Trooper Bob Martin was killed during a traffic stop on the Beeline highway; execution for his killer could be as soon as January PHOENIX (AZFamily)—The Arizona Attorney General is asking for an execution date to be set for a man convicted in the killing of an Arizona State Trooper over 30 years ago. On Aug. 15, 1995, Trooper Bob Martin was shot and killed while performing a traffic stop along the Beeline Highway.

Ex-corrections officials urge governor to commute Kansas death sentences

Former Kansas corrections officials are urging Governor Laura Kelly to grant clemency to the state's death row inmates. Former Kansas Corrections Secretary Roger Werholtz has several reasons why he thinks the state should abolish the death penalty. Werholtz, who served as secretary from 2002 to 2010 and returned on an interim basis in 2019, uses his discussions with peers and family members of victims as well as experiences of seeing wrongly convicted people getting exonerated as his guiding points.

Florida executes Harold Gene Lucas

Florida state officials executed 74-year-old Harold Gene Lucas by lethal injection on Tuesday evening, concluding a 50-year legal saga stemming from the 1976 murder of a 16-year-old girl in Bonita Springs. STARKE, Fla. -- A man convicted of killing a teenage girl who rejected his romantic advances and wounding two of her friends was put to death Tuesday in the first of three executions planned this month in Florida. Harold Gene Lucas, 74, was pronounced dead at 6:18 p.m. following a three-drug injection at Florida State Prison near Starke, authorities said. He was sentenced to death for the 1976 shooting attack on Jill Piper and the wounding of her friends, Richard Byrd Jr. and Terri Rice.

Inside and outside Oklahoma execution chamber, Tulsans stand on different sides of death penalty debate

Sheriff Vic Regalado and Father Bryan Brooks, pastor at the Church of Saint Benedict, are two men of influence in Tulsa County. They live different lives—one enveloped in faith, the other elected to lead a law enforcement agency of more than 600. Both were brought together by the death penalty. The men believe it is their duty to support families of victims but land on different sides of the aisle when it comes to executions. Regalado is in support of the death penalty, saying it is part of the criminal justice system and brings closure to the families of murder victims.