USA: ‘Where is the justice for me?’: The case of Troy Davis, facing execution in Georgia

Report
February 1, 2007

USA: ‘Where is the justice for me?’: The case of Troy Davis, facing execution in Georgia


(32) In January 2004, the Georgia parole board commuted the death sentence of Willie James Hall on the eve of his execution. During his clemency hearing, six of the jurors from the 1989 trial testified that they would have voted for life without parole if that sentence had been an option at the time.

(33) Paduano, A. and Stafford Smith, C., Deathly errors: Juror misperceptions concerning parole in the imposition of the death penalty. Columbia Human Rights Law Review, Volume 18:2, pages 211-257 (1987).

(34) See note 4, ibid.

(35) Davis v. Turpin. Transcript of proceedings before Honorable John M. Ott, Judge, Rockdale Judicial Circuit presiding in Butts County, Georgia, 16 December 1996.

(36) Davis v. Head, Brief on behalf of the appellee, On appeal from the United States District Court, Southern District of Georgia, Savannah Division, In the United States Court of Appeals for the Eleventh Circuit, 14 February 2005.

(37) Convicted killer seeks to avoid verdict. The Atlanta-Journal Constitution, 8 September 2005.

(38) The affidavit mistakenly says Oglethorpe Street rather than Avenue.

(39) Copies of all affidavits on file with Amnesty International.

(40) Trott, Stephen S. Words of warning for prosecutors using criminals as witnesses. 47 Hastings Law Journal (1996), page 1394.

(41) His affidavit was read to him before he signed it and he stated that it was accurate.

(42) Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions. Addendum: Mission to the United States of America, UN Doc. E/CN.4/198/68/Add.3, para. 147. 22 January 1998.

(43) President William J. Clinton, Statement on signing the Anti-terrorism and Effective Death Penalty Act of 1996. 24 April 1996.

(44) President William J. Clinton, Remarks on signing the Anti-terrorism and Effective Death Penalty Act of 1996, 24 April 1996.

(45) Is fairness irrelevant? The evisceration of federal habeas corpus review and limits on the ability of state courts to protect fundamental rights. By Stephen B. Bright, John Randolph Tucker Lecture, Published in Volume 54 of the Washington and Lee Law Review, page 1 (Winter 1997).

(46) Steiker, C. and Steiker, J. The effect of capital punishment on American criminal law and policy. Judicature, Volume 89, Number 5, page 251, March-April 2006.

(47) Herrera v. Collins, 506 U.S. 390 (1993).

(48) Schlup v Delo, 513 US 298, 23 January 1995.

(49) Davis v. Head, Order. US District Court, Southern District of Georgia, Savannah Division, 13 May 2004.

(50) 28 U.S.C. § 2254 (e)(2): "If the applicant has failed to develop the factual basis of a claim in State court proceedings, the court shall not hold an evidentiary hearing on the claim unless the applicant shows that - (A) the claim relies on - (i) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or (ii) a factual predicate that could not have been previously discovered through the exercise of due diligence; and (B) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense"."

(51) Witnesses recant; law stymies death row appeal. The Atlanta-Journal Constitution, 21 September 2003.

(52) Ibid.

(53) UN Doc. E/CN.4/198/68/Add.3, para. 99.

(54) Convicted killer seeks to avoid verdict. The Atlanta-Journal Constitution, 8 September 2005.

(55) Herrera v. Collins, 506 U.S. 390 (1993).