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Georgia Supreme Court will hear Troy Davis' appeal

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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 06:12 PM
Original message
Georgia Supreme Court will hear Troy Davis' appeal
Source: Atlanta Journal-Constitution

By RHONDA COOK
The Atlanta Journal-Constitution

Published on: 08/03/07

The Georgia Supreme Court agreed Friday to hear the discretionary appeal of convicted cop killer Troy Anthony Davis, whose scheduled execution last month was put on hold by the state Board of Pardons and Paroles.

The court has put it on its November calendar.

-snip-

***


Read more: http://www.ajc.com/metro/content/metro/stories/2007/08/03/davis_0804_web.html




please read on

trouble copy/pasting, sorry.


peace
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emlev Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 06:21 PM
Response to Original message
1. This is great news! And here's what we all still need to do:
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 06:23 PM
Response to Reply #1
3. thank you for posting that link, emlev! i was just going for
that link!
great minds, n all


peace
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noiretextatique Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 06:23 PM
Response to Original message
2. just from a cursory reading of the facts in this case
it seems obvious that the real killer is the man who showed up at the police station with his attorney to point the finger at davis. i wonder if the DA and the police can be prosecuted for the criminal incompetence and complicity that cost davis so much of his life.
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 06:30 PM
Response to Reply #2
5. i feel the same about that. there should be prosecution,
especially when the procedural problems are complicit - knowing and willful. it is criminal!

and i think you got something about that other man.

thanks!
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noiretextatique Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 06:37 PM
Response to Reply #5
6. a couple of the witness said the informant
Edited on Fri Aug-03-07 06:37 PM by noiretblu
was the one who was in the fight the slain police officer responded to...which begs the question: why wasn't he a suspect?
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 07:00 PM
Response to Reply #6
11. absolutely. once he pointed at Troy, that was all that
the cops, prosecutors, most media at that time, and so on, needed:

white cop

black supposed cop-killer

done deal, as they say.
who of power and influence looked a bit further? they treated Troy like s**t.

as you posted in emlev's thread: "this is a shame and a disgrace."


Troy's sister, Martina Correia has made it a life's mission to get Troy a first real trial - his first defense attorney also now admits to his own procedural failures! she is amazing. links to sites where you can hear her and read her works are in emlev's GD thread:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x1504952

also, there are the Amy Goodman's DemocracyNow interviews of Martina and others, posted here in political vids.


thank you!


peace
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shireen Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 06:27 PM
Response to Original message
4. i find this portion of the story troubling
Davis' lawyers have tried to present the new witnesses information to appeals courts, but they have refused to hear it —- in part due to a federal law designed to expedite death penalty appeals.

Sounds like a catch-22!


Through the courts, Davis had asked a judge in Savannah to grant him an extraordinary appeal but Judge Penny Haas Freesemann ruled that Davis' new evidence did not meet the legal standards for new trials. Some of the new evidence was cumulative to evidence Davis presented at trial, some was obtained as long as 10 years ago, some was based on inadmissible hearsay evidence and some was not sworn testimony, the judge said.

It seems to me that this man deserves a new trial, simply because there's indication that some witnesses lied and/or new evidence has been uncovered.

And if sworn testimony was a requirement for a new trial, why didn't Davis's lawyers get it? Was it lack of time?

I don't understand the legal system. Sigh!


At least the board of pardons and parole put a hold on the execution, thanks to the outcry from us all ... I think. If we had not yelled about it, I wonder if they would have proceeded with the execution?

Thanks for the update, nofurylike.

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AndyTiedye Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 06:38 PM
Response to Reply #4
7. "He Looked Guilty at the Time" is Good Enough???
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 06:40 PM
Response to Reply #4
8. thank you, shireen. you know, the law mentioned, that
blocked Mr Davis' procedural rights, was a law passed, unfortunately, by Pres. Clinton. i often think how i'd like to send him all the info on this case....

here's about the law, the AEDPA:

In April, 1996 President Clinton signed a bill into law that would limit access to federal court by prison inmates. The bill, known as the Anti-Terrorism and Effective Death Penalty Act, was in part a reaction by the President and Congress to the long delays in getting convicted felons executed. In order to speed up the process, the bill imposes strict time limits on Death Row inmates' appeals. It also permits only one federal appeal of a state court conviction.

***

we are seeing its dangerous sides very clearly now.

anyone who has either Clinton's ear, please get word to them that Troy Davis could really use for them to step up for him.


peace
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shireen Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 06:47 PM
Response to Reply #8
10. for politicians who make laws, these things are abstractions.
if they role-played the legislation before making it law, they might develop a bit more empathy for the human beings that will be affected by the law. Of course, that notion will be lost on psychopaths, which makes me wonder about some of our members of Congress and the administration ....
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 07:08 PM
Response to Reply #10
12. o yeah. very well said. n/t
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nofurylike Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-03-07 06:47 PM
Response to Original message
9. please pass this on! the Georgia Board of Pardons and
Paroles can still decide next week to grant clemency. it is vitally important to keep writing them!

it is very easy, using the links in emlev's GD thread:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x1504952

PLEASE please pass these links on to everyone possible!

thank you!

peace
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