Late last week, the Troy Davis鈥檚 petition for a hearing to prove his innocence. Although seven of the nine non-police witnesses against him have recanted or contradicted their trial testimony, that evidence will not be heard unless the United States Supreme Court decides differently. Troy Davis still has a 30-day stay of execution to file a petition with the Supreme Court.
The 11th Circuit refused to hear Davis鈥 claims of innocence by a 2-1 vote. The decision was largely based on the onerous procedural obstacles that a death row inmate must overcome before a federal court will consider the merits of his or her constitutional claims 鈥 in Troy鈥檚 case, his claim that the execution of an innocent person violates the cruel or unusual punishment clause of the U.S. Constitution.
These procedural restrictions are the result of the federal , enacted in 1996. AEDPA was designed to expedite the execution of death-row inmates by streamlining the appeals process. But the Troy Davis case is a tragic illustration of AEDPA鈥檚 fundamental flaws. The law elevates procedural niceties over fairness and justice by preventing some death-row inmates from proving their innocence because their evidence or claim of innocence was presented too late.
The dissenting judge in Troy鈥檚 case stated, 鈥淸t]o execute Davis, in the face of a significant amount of proffered evidence that may establish his actual innocence, is unconscionable and unconstitutional.鈥 We agree.
While Davis鈥檚 lawyers are working their way to the U.S. Supreme Court, you can still take action by voicing your opposition to horrific injustice. for an update of actions you can take.