The Supreme Court, over two Justices’ dissents, on Monday ordered a federal judge in Georgia to consider and rule on the claim of innocence in the murder case against Troy Anthony Davis (In re Davis, 08-1443) The Court told the District Court to “receive testimony and make findings of fact as to whether evidence that could have been obtained at the time of trial clearly establishes
innocence.”
Justices Antonin Scalia and Clarence Thomas dissented. Some of their arguments were answered in a separate opinion by Justice John Paul Stevens, joined by Justices Stephen G. Breyer and Ruth Bader Ginsburg. The new member of the Court, Justice Sonia Sotomayor, took no part in the Court’s action.
The action was highly unusual, because Davis had filed what is called an original writ of habeas corpus — that is, a plea for his release, filed directly in the Supreme Court rather than in lower courts. Such claims rarely succeed. Justice Scalia noted in his dissent that the Court had not taken a similar step “in nearly 50 years.” (The documents that were before the Justices — the original writ, petition for certiorari, brief in opposition, and amici filings — can be downloaded here: http://www.scotusblog.com/wp/petitions-to-watch-conference-of-62509/#more-9981)
http://www.scotusblog.com/wp/hearing-on-innocence-claim-ordered/
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