This week, in an unusual move, the US Supreme Court ordered a federal court in Georgia to "receive testimony and make findings of fact" to assess whether new evidence establishes Mr. Davis's innocence. The decision is important for the abolition movement because appellate courts have held that questions of innocence do not necessarily justify a court overturning a death sentence.
With this decision, the court gives a more prominent place to the issue of innocence. Justice Stevens wrote, "The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing." He added, quoting the dissenting opinion of a federal appeals court that heard Mr. Davis's case, "It ‘would be an atrocious violation of our Constitution and the principles on which it is based’ to execute an innocent person."
Mr. Davis was convicted of the 1989 murder of an off-duty officer. However, since his conviction, several of the witnesses in his trial have recanted their testimony. In addition, people have alleged that one of the important witnesses for the prosecution at Mr. Davis's trial was the actual murderer. Twenty-seven judges and former prosecutors filed a brief in support of Mr. Davis's appeal.
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