At 1 p.m. today, the federal appeals court in Atlanta will hear oral arguments in the case of Troy Anthony Davis. Davis’ conviction in the killing of a police officer in Savannah was based solely on eyewitness testimony, and since trial seven of the nine eye-witnesses have recanted or contradicted their testimony. You can read more about the case here.
The three judge panel will decide whether Davis can continue to challenge his conviction. That is, whether Davis has met the conditions required to file a second, or successive, habeas corpus petition continuing to ask for a hearing on evidence that he is innocent.
Also today, the U.S. Supreme Court is hearing oral arguments in the case of Cone v. Bell, on whether death row prisoner Gary Cone is entitled to federal habeas review of his assertion that the state withheld material evidence of his drug use.
A decision in Cone could take some time, but the 11th Circuit is likely to rule quickly on Davis’ case, so stay tuned …