Justices Antonin Scalia and Clarence Thomas dissented.
But Justice John Paul Stevens cited prior court precedent that said it would be “an atrocious violation of our Constitution and the principles upon which it is based” to execute an innocent man.Last year, the Innocence Project joined with the Innocence Network in filing a friend-of-the-court brief in federal court on Davis’ behalf, arguing that eyewitness identification – a major contributor to Davis’ conviction – is often unreliable and that the case should be subject to review on appeal. Download the Network brief here. (PDF)
“Imagine a petitioner in Davis’s situation who possesses new evidence conclusively and definitively proving, beyond any scintilla of doubt, that he is an innocent man,” Stevens wrote. “The dissent’s reasoning would allow such a petitioner to be put to death nonetheless.”
Read the full story here. (Atlanta Journal-Constitution, 08/17/09)
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