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Date Set for Davis Oral Arguments
(2008-11-20)
(WABE) - 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 hearing.

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