Sunday, 23 November 2008

Date Set for Davis Oral Arguments - Odette Yousef

This article is more clear than others about what Troy's lawyers legally must prove to win another round of appeals.

Date Set for Davis Oral Arguments Odette Yousef

ATLANTA, GA(2008-11-20)
A hearing date has been set for convicted killer Troy Davis before the federal 11th Circuit Court of Appeals. The court,
which stopped Davis's scheduled execution last month, will hear oral arguments about a new round of appeals on
December 9th.

Jason Ewart, one of Davis's lawyers, says he'll have to show the circuit judges that his team has met two requirements:

EWART: As long as one, you can prove that the defendant is actually innocent by clear and convincing evidence, and
number two, the requirement is that the evidence underlying his innocence could not have been discovered earlier.

Davis was convicted in 1991 of killing an off-duty Savannah police officer, but seven of the nine witnesses who
implicated him have since recanted.

His lawyers want the circuit court to give them permission to file an appeal with the U.S. District Court of Southern
Georgia for a fresh trial, where they can present the new evidence. This could kickstart a whole new round of appeals
in the federal courts.

Chatham County District Attorney Spencer Lawton, who prosecuted Davis, declined to comment on the pending

© Copyright 2008, WABE

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