Been meaning to check back in with this case.
First, there was an interesting article back on July 5 about the "murky" legal issues in the case. Here are some of those legal questions:
1. What relief can the judge order?
"Some experts say the judge could order a new trial. Others say the judge could make a recommendation to the Supreme Court that Davis be freed from prison. There's also a possibility the judge could find Davis innocent, yet rule he's powerless to spare Davis' life."
2. What is the impact of the AEDPA?
"The judge's first question: Is he prohibited from helping Davis, even if he's innocent, by a 1996 law passed by Congress after the Oklahoma City bombing that limits death penalty appeals?"
3. Is the execution of an innocent person cruel and unusual punishment?
"Appeals courts found that Davis received a fair trial. If he later proves he's innocent, would it be cruel and unusual punishment to execute him? Or would putting him to death still be constitutional because Davis received a fair trial?"
The whole article is worth a read.
Second, according to this recent article, Davis's lawyers have asked the DJ to reopen the hearing to present additional evidence. This past week, the State filed papers in opposition, arguing that petitioner's lawyers made a strategic decision not to call the witnesses at the hearing.
So the litigation continues.
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