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U.S. Supreme Court

U.S. Supreme Court to Consider Constitutional Right to DNA Testing

Posted: November 04, 2008
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On November 3, the US Supreme Court agreed to hear a non-capital case from Alaska in which the defendant asserts that the constitution requires the state to allow DNA testing on evidence from his trial so that he can prove his innocence. In District Attorney's Office v Osborne (No 08-6), the Court will initially consider whether William Osborne may bring a civil rights claim (under 42 USC 1983) demonstrating that the state has violated his constitutional right to due process by refusing to turn over the evidence for testing.

Troy Davis Execution Stayed by Federal Appeals Court

Posted: October 24, 2008
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The US Court of Appeals for the 11th Circuit issued a stay for Georgia death row inmate Troy Davis on October 24. The federal appeals court’s three-judge panel ordered both sides to draft briefs to address wheter Davis can be executed if he can demonstrate his likely innocence. Davis’ case has garnered both international and national attention. Former President Jimmy Carter and the European Union were among those calling for a stay of execution.

SUPREME COURT: Justice Stevens Questions Thoroughness of Review by Georgia Supreme Court

Posted: October 20, 2008
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Supreme Court Justice John Paul Stevens took the occasion of the Court's denial of review to a death row defendant in Georgia to question the adequacy of the appeals process in that state. On October 20, the Supreme Court denied certiorari in Walker v. Georgia, an appeal from the Georgia Supreme Court, and Justice Stevens concurred in that denial.

U.S. Supreme Court Declines to Review Troy Davis Case

Posted: October 14, 2008
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The U.S. Supreme Court denied certiorari in the Troy Davis case on October 14, despite his claim of innocence. Davis had petitioned the Court to intervene in his case after seven of the nine non-police witnesses against him recanted their testimony. His lawyers said the new evidence demonstrated his innocence and that another man had even confessed to the killing.

Questions Before the U.S. Supreme Court in the Troy Davis Case

Posted: October 07, 2008
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The United States Supreme Court is currently considering whether to hear the case of Troy Davis or to allow his execution to go forward. The Court stayed his execution on September 23, less than two hours before it was to take place.  The formal term for agreeing to hear a case is "granting a petition for certiorari."  Davis' attorneys submitted such a petition, raising a number of questions on which the Court could grant a hearing.  The first question presented to the Court is:

International Law Experts Question Supreme Court Decision in Medellin Case

Posted: October 03, 2008
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Notable international law experts cited in a recent article in the Washington Lawyer criticized the Supreme Court’s 2008 decision on whether an international treaty was binding on Texas in the case of death row inmate Jose Medellin.

U.S. Supreme Court Denies Rehearing in Kennedy v. Louisiana Opinion

Posted: October 01, 2008
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On October 1, the U.S. Supreme Court denied Louisiana's request for a rehearing of the Court's ruling striking down the death penalty for non-homicidal offenses against individuals. Louisiana contended that a recent adjustment to military law that continued to allow the death penalty for child rape should have been taken into account by the Court, resulting in a different opinion. The Court slightly modified both the majority and dissenting opinions to include reference to the military code.

Professor Anthony Amsterdam To Receive the Frederick Douglass Human Rights Award

Posted: September 30, 2008
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Leading attorney, law professor, and advocate Anthony Amsterdam is being honored by the Southern Center for Human Rights with the Frederick Douglass Human Rights Award in Washington, DC on October 2. Professor Amsterdam conducts the Capital Defender Clinic at New York University Law School and is recognized for his four decades of prominent work in cases ranging from death penalty defense to claims of free speech and the press, privacy, and equality of opportunity for racial minorities and the poor.

U.S. Supreme Court Stays Georgia Execution in Case With Strong Evidence of Innocence

Posted: September 24, 2008
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The U.S. Supreme Court issued a stay of execution for Georgia inmate Troy Davis on September 23 only two hours before his scheduled execution. Evidence of his innocence has garnered national and global attention, with pleas for clemency coming from former President Jimmy Carter, Desmond Tutu, and Pope Benedict XVI. Seven of the nine non-police witnesses who testified against Davis at his original trial have recanted their testimony, including two who have said they felt pressured by police to testify against Davis.

Upcoming Supreme Court Cases

Posted: September 12, 2008
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The U.S. Supreme Court will return to hear oral arguments in its new term on October 6. To date, the Court has granted certiorari in (agreed to hear) three death penalty cases. Bell v. Kelly will be argued on November 12, 2008. This case originated in Virginia and concerns the scope of federal review when the state court has failed to develop an issue. Edward Bell claimed that his attorney failed to present important mitigating evidence at this sentence hearing, but this claim was not fully explored in state court.

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