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Atlanta
Atlanta
Federal Circuit Court Stays Davis Execution
(2008-10-24)
(WABE) - Just three days before his scheduled lethal injection, the 11th U.S. Circuit Court of Appeals has granted Troy Davis a stay of execution. Davis's lawyers hope this will kickstart a new round of appeals, and ultimately get them a hearing for evidence that they believe shows Davis's innocence.

Friday's stay will keep Davis alive for another month or so, while his lawyers and the state file briefs with the 11th circuit. Davis's lawyers have to show they've met certain requirements to get permission to appeal to a lower court for a new hearing.

Jason Ewart, one of Davis's counsel, says the grounds for this round of appeals are completely different from the first round:

EWART: This was essentially a claim that the 8th Amendment Cruel and Unusual Punishment clause prohibits the execution of somebody who is innocent.

If the 11th district favors Davis's arguments, Ewart and his partner will file their appeal with Georgia's Southern District Court.

Davis was convicted in 1991 of killing an off-duty Savannah police officer, based solely on witness testimony. Since then, 7 of 9 witnesses have recanted.

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