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Supreme Court Orders Federal Court to Look at Evidence in Davis Case

Christopher Hill,
Capital Punishment Project
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August 21, 2009

The Supreme Court of the United States has ordered a federal district court judge (PDF) to “receive testimony and make findings of fact as to whether evidence that could not have been obtained at the time of trial clearly establishes [Davis’s] innocence.” A grant of an original writ of habeas corpus has not been granted by the court in 50 years. This order essentially gives Davis the evidentiary hearing for which he had been asking.

Justices Scalia and Thomas dissented. (PDF)

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