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August 27, 2009
The next chapter in the Troy Davis story begins
The Atlanta Journal-Constitution has this story, headlined "Troy Davis case treads new legal ground," which details how the Troy Davis case will be proceeding in the district court after it was transfered there by the Supreme Court:
A federal judge in Savannah has directed parties in the Troy Davis death-penalty case to give him their positions as to whether a “free-standing actual innocence claim” is recognized by the U.S. Constitution. In a three-page order issued late Wednesday, Chief U.S. District Judge William T. Moore Jr. said he is following instructions from the nation’s highest court....
Moore, who was assigned the case, ordered state attorneys to submit their legal briefs to him in 45 days. He gave Davis’ lawyers another 45 days to respond. This would mean Davis’ evidentiary hearing would not be convened until November at the earliest.
Moore noted that the U.S. Supreme Court has never determined that an innocence claim such as the one raised by Davis is recognized by the Constitution. The high court also has not determined the burden of proof to be allowed in such a case, Moore said, asking the parties to give him their positions on both issues.
Related Davis ruling posts:
- SCOTUS orders innocence hearing in Troy Davis case
- How many justices decided death and innocence (and original habeas) are different in Davis?
- "Supreme Court's Davis Ruling Raises New Death-Penalty Questions"
August 27, 2009 at 09:49 PM | Permalink
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Comments
The Federal Constitution mandates fundamental fairness in all criminal proceedings, and it unqualifiedly prohibits governmental action which shocks the conscience. The deliberate incarceration or execution of a prisoner who has established his or her actual innocence of the offense of conviction unquestionably violates both of those constitutional precepts. No competent jurist could seriously maintain a good faith belief to the contrary.
Posted by: JC | Aug 27, 2009 11:19:53 PM
It's frustrating to see that there are people who actually write like that.
Posted by: anonymous | Aug 28, 2009 10:01:47 AM
If my writing skills do not measure up to your personal standards, perhaps you should post something meaningful for all of us to read.
Posted by: JC | Aug 28, 2009 9:12:50 PM
Does anyone have a link to the Order that the district judge issued on Wednesday?
Posted by: Michael C. Davis | Aug 28, 2009 10:57:20 PM
I am an acquaintance of an inmate (through a relative) with a very similar circumstance, but with a LWOP sentence instead of the death penalty. His jailhouse "snitches" have recanted--one has since died. Does this decision offer the inmate any hope for the inmate getting a hearing of his innocence claim? He was time-barred due to AEDPA, mid PCRA appeal (I believe). I am not a lawyer, just a concerned citizen who promised to try to get information to the inmate to proceed pro se.
Posted by: Jean Ann | Aug 29, 2009 2:05:15 PM
~ WHO ALLOWED $ATAN TO $NEAK INTO THE PEOPLES U.$.CONGRE$$ ~
THIS OLD WORLD ORDER OF ABUSE AND NEGLECT OF OUR POORER AMERICANS NEEDS ENLIGHTENED POLITICAL MINDS AND HEARTS TO VIEW GOD DIFFERENTLY THEN $$$? NO MATTER WHAT THEIR POLITICAL PARTY AFFILIATION ???
WHEN WILL OUR WEALTHY ELITE AMERICANS ABATE THEIR ASSAULT ON POORER AMERICANS WITH THEIR MONETARY CONTROL OF OUR IVORY TOWER U.S. CONGRESSIONAL LEADERS OF THE NEW WORLD ORDER ???
THERE ARE NOT MANY MORE DISTRACTIONS LEFT WHICH ARE AVAILABLE FOR OUR WEALTHY ELITE AMERICANS TO HIDE BEHIND IN NOT TAKING PROPER CARE OF ALL OUR AMERICANS IN A HUMANE FASHION !!!
RALPH NADER ATTEMPTED TO EDUCATE AMERICAN VOTERS ABOUT U.S. CORPORATE POWER IN AMERICA AND HOW THEY CONTROL OUR CONGRESSIONAL PEOPLE THROUGH THEIR POCKET BOOK (POLITICAL DONATIONS). WITHOUT THE DOUGH $$$ THESE U.S. CONGRESSIONAL LEADERS OF THE FREE WORLD DO NOT GET RE~ELECTED TO CONGRESS.TO STAY IN POLITICAL OFFICE IN AMERICA,ONE HAS TO BARTER YOUR VOTES IN CONGRESS AND REPRESENT POWER INTERESTS IN RETURN FOR THE BUCK$.
POORER AMERICANS HAVE NEVER HAD THE $$$ LOBBY TO INFLUENCE THIS CORRUPT POLITICAL CONCEPT (of horse trading political votes for political contributions) TO ACHIEVE PROPER HEALTH ~CARE OR LEGAL REPRESENTATION FOR ALL OUR MIDDLE ~ CLASS AND WORKING POOR AMERICANS.
AMERICAN IVORY TOWER U.S.CONGRESSIONAL LEADERS OF THE FREE WORLD HAVE PASSED FEDERAL LEGISLATION IN WASHINGTON DC TO SPEND 50 BILLION AMERICAN TAX $$$ ON THE INTERNATIONAL FIGHT AGAINST AIDS OVER THE NEXT FIVE YEARS WHILE THEIR OWN AMERICAN CITIZENS ARE BEING TOLD BY THIS SAME U.S.CONGRESS THAT NATIONAL HEALTH CARE AND PROPER LEGAL REPRESENTATION FOR MIDDLE CLASS AND WORKING POOR CITIZENS IS UNAFFORDABLE.
*** WEALTHY ELITE AMERICANS (WHO ARE ONLY 1% OF OUR USA POPULATION) SADLY ALSO CONTROL HOW OUR U.S.CONGRESS SPENDS THEIR BUDGET TRILLION$ AND HAVE OBVIOUSLY FOUND MORE WORTHY INTERNATIONAL CITIZENS THEN OUR OWN DESPERATE AND NEEDY POOR TO ASSIST !!!
Middle Class and Working Poor Americans are unable to afford proper legal representation in their Civil, Criminal and Family Courts of law all across America causing tremendous hardships nationwide,but these great minds and callous hearts in our American Congress have found others Worldwide more needy then their own citizens who are being falsely incarcerated,wrongfuly executed,losing their homes or apartments,losing child custody or visitation with their children etc?
Not being afforded proper legal representation by our U.S. Congress has created a total breakdown of the American judicial system for our poorer Americans because the our U.S. Courts punish all of us little people if we are not assisted with proprer legal counsel.
It is a known fact that our average Middle Class and Working Poor Americans without proper legal representation in all of our American Courts of law lose their legal cases to the better financed who are able to afford lawyers.
Troy Davis and Mumia Abu ? Jamal are 2 perfect examples of American citizens who never had proper legal representation or defense investigations afforded them by our U.S. Congressional Leaders Of The Free World in their initial criminal trials in (Georgia and Pennsylvania) who might very well have to pay the ultimate price of possibly being completely innocent and falsely executed in the near future.
These two poor Americans are among tens of thousands of legal cases nationwide that never were afforded proper legal representation or proper defense investigation at their initial trials.**We the public really have no idea if these men are innocent or guilty until they both are given fair legal representation at their new future trials.
Improper murder trials and needless deaths due to lack of healthcare take place in Third World Countries all the time. *** Why should average Middle~Class and Working Poor Americans in the Wealthiest Country Of The World be treated as if they are living a Third World Life Style ??
[email protected]
(424-247-2013)
Posted by: LAWYERS FOR POOR AMERICANS | Aug 29, 2009 6:21:07 PM
DEAR JOHN ROBERTS ~ GOD'S MANDATE WITH YOUR U.S. SUPREME COURT SHOULD NOT INCLUDE POSSIBLE FALSE EXECUTIONS OF POOR AMERICANS ??
TROY DAVIS & MUMIA ABU-JAMAL PLEASE REMEMBER THAT JESUS CHRIST HIMSELF ALSO HAD 2 DEAL WITH ......
OUR U.S.CONGRESS HAS DOCUMENTED OUR UNJUST AMERICAN JUDICIAL SYSTEM AND WE STILL HAVE CERTAIN AMERICANS EVEN TODAY WANTING TO RUN THE RISK OF EXECUTING EVEN POSSIBLE INNOCENT CITIZENS RIGHT IN FRONT OF THE REST OF US IN THE NAME OF THEIR SO CALLED JUSTICE.
GOD DOES NOT HAVE MANDATE WITH U.S. SUPREME COURT 2 CONTINUE ALLOWING POSSIBLE WRONGFUL EXECUTIONS TO BE INFLICTED ON OUR AMERICAN POOR !!!
**TROY DAVIS & MUMIA ABU ~JAMAL ~ ARE HAVING PRAYERS FOR JUSTICE SAID FOR THEM WORLD~WIDE ..WE CAN ALL ONLY HOPE AND PRAY THAT EVERYONE IN OUR U.S.CONGRESS THAT KNOWS AND UNDERSTANDS HOW UNJUST OUR U.S JUDICIAL SYSTEM CAN BE WITH OUR POORER AMERICANS,BECOMES ACTIVE IN MAKING SURE THAT TROY DAVIS OF GEORGIA AND MUMIA ABU~JAMAL OF PENNSYLVANIA RECEIVE FAIR AND JUST TRIALS BEFORE ANY POSSIBLE WRONGFUL EXECUTIONS TAKE PLACE.
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- THE NATIONAL CRIMINAL JUSTICE COMMISSION ACT OF 2009
The National Criminal Justice Commission Act of 2009 that I introduced in the Senate on March 26, 2009 will create a blue-ribbon commission to look at every aspect of our criminal justice system with an eye toward reshaping the process from top to bottom.
I believe that it is time to bring together the best minds in America to confer, report, and make concrete recommendations about how we can reform the process. This legislation has already garnered wide bipartisan support in Congress and from interest groups representing a range of backgrounds and political viewpoints.
Why We Urgently Need this Legislation: With 5% of the world's population, our country now houses 25% of the world's reported prisoners. Incarcerated drug offenders have soared 1200% since 1980. Four times as many mentally ill people are in prisons than in mental health hospitals. Approximately 1 million gang members reside in the U.S., many of them foreign-based; and Mexican cartels operate in 230+ communities across the country.
Post-incarceration re-entry programs are haphazard and often nonexistent, undermining public safety and making it extremely difficult for ex-offenders to become full, contributing members of society. America's criminal justice system has deteriorated to the point that it is a national disgrace. Its irregularities and inequities cut against the notion that we are a society founded on fundamental fairness. Our failure to address this problem has caused the nation's prisons to burst their seams with massive overcrowding, even as our neighborhoods have become more dangerous.
We are wasting billions of dollars and diminishing millions of lives. We need to fix the system. Doing so will require a major nationwide recalculation of who goes to prison and for how long and of how we address the long-term consequences of incarceration. MATERIALS & RESOURCES Read the legislation, S. 714 Fact sheet on the legislation Senator Webb's floor speech introducing the legislation PARADE Magazine cover story, "What's Wrong with our Prisons?" Senator Jim Webb,
Sunday March 29, 2009 The scope of the problem: relevant charts and graphs List of Support for the National Criminal Justice Commission Act Of 2009 Opening Statement of Sen. Webb at Judiciary Subcommittee Hearing on National Criminal Justice Commission Act, June 11, 2009 Watch Senator Webb's Floor Speech Introducing the Legislation, March 26, 2009 Senator Webb's article on the Huffington Post, "Why We Must Reform Our Criminal Justice System" MATERIALS FROM PAST HEARINGS, SYMPOSIUMS Joint Economic Committee Hearing, conducted by Senator Webb, "Mass Incarceration in the United States: At What Cost?" October 2007 Joint Economic Committee Hearing, conducted by Senator Webb, "Illegal Drugs: Economic Impact, Societal Costs, and Policy Responses,"
June 2008 George Mason University Symposium, hosted by Senator Webb and the GMU Administration of Justice Department, "Drugs in America: Trafficking, Policy and Sentencing," October 2008 Senator Webb's Keynote Address to the Brookings Institution's Policy Roundtable on the Challenges to Prisoner Re-entry, December 2008 NEWS ARTICLES & COMMENTARY Virginian Pilot editorial: "Time to reconsider U.S. justice system," April 6, 2009 Fredericksburg Free-Lance Star: "Behind-bars review," April 5, 2009 The Washington Post Writers Group: "Webb Leads the Charge for Much-Needed Drug, Prison Reform," April 5, 2009 Economist: "A Nation of Jailbirds," April 2, 2009 Daily Press: "Go After the Real Problem," March 31, 2009 New York Times: "Reviewing Criminal Justice," March 30, 2009 Lynchburg News & Advance: "Webb Takes on Politics' Third Rail: Prison Reform," March 29, 2009 Salon.com: "Jim Webb's courage v. the "pragmatism" excuse for politicians," March 28, 2009 The Virginian Pilot Editorial:
"Time to Rethink Goals of Prison," January 5, 2009 Roanoke Times Editorial: "The Criminal Justice System Needs Help," January 5, 2009 Las Vegas Sun Editorial: "Voice for Broken Prisons," January 3, 2009 U.S. News & World Report: "James Webb Shows Leadership Regarding Prison Reform," January 2, 2009 New York Times Editorial: "Sen. Webb's Call for Prison Reform," January 1, 2009 Washington Post: "Webb Sets His Sights On Prison Reform," December 29, 2008 Daily Press: "Alternative to Jail for Addicts Gains New Supporter," December 28, 2008 The Virginian Pilot: "Senator Elevates Debate on Failed Drug, Prison Policies," October 18, 2008 The Roanoke Times Editorial: "A Sensible Call for Sentencing Reform," October 13, 2008 Washington Post Op-Ed: "Two Separate Societies: One in Prison, One Not," April 15, 2008
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LAWYERS FOR POOR AMERICANS IS A WWW VOLUNTEEER LOBBY THAT SINGS OUT FOR OUR MIDDLE~CLASS AND WORKING POOR AMERICANS. WE CAN BE FOUND WITH ANY SEARCH ENGINE BY OUR NAME OR TELELEPHONE NUMBER. (424-247-2013)
~ WE ENJOY BRINGING THE GOOD LIFE TO ALL OF America's little people ON THE WEB.
***MANY MORE IN OUR U.S.CONGRESS ARE NOW HEARING THE TRUTH !!!
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LAWYERS FOR POOR AMERICANS HAS COMPLETE FAITH THAT SUPREME COURT JUSTICE JOHN ROBERTS IS THE RIGHT MAN IN THE RIGHT PLACE AT THE RIGHT TIME FOR JUSTICE TO PREVAIL FOR ALL AMERICANS !
Posted by: LAWYERS FOR POOR AMERICANS | Feb 24, 2010 5:24:32 PM
