Troy Davis

The Supreme Court ended its term yesterday without acting on the cert petition filed by Troy Davis' attorneys.  Today's Atlanta Journal-Constitution carries the AP report, "Supreme Court delays Troy Davis decision."

Death row inmate Troy Anthony Davis got another legal break Monday when the U.S. Supreme Court recessed for summer without acting on his latest appeal, likely delaying any developments in his case until fall. Earlier, his supporters presented Savannah’s district attorney with 60,000 petition signatures urging him to reopen the case.

Davis has spent nearly 18 years on death row after his conviction for killing an off-duty police officer, and his case has become a rallying point for death penalty opponents worldwide. His attorneys say Davis is innocent of killing officer Mark MacPhail and deserves a new trial after several prosecution witnesses reconsidered testimony given at his 1991 trial.

Davis has been spared from execution three times since he was first scheduled to die by lethal injection in 2007, as various courts have weighed and ultimately rejected his appeals.

Davis’ attorneys filed his latest appeal with the U.S. Supreme Court after the 11th Circuit Court of Appeals rejected their request for a new trial in April. The Supreme Court had not decided whether it would hear Davis’ appeal when justices recessed for the summer Monday. They won’t reconvene until September.

“It’s definitely good news,” said Jason Ewart, Davis’ attorney, who interpreted the court’s inaction as a sign it wants to take a closer look at the case. “It’s not just a move buying more time.”

While the Supreme Court’s in recess, the next move would be up to Chatham County District Attorney Larry Chisolm.

There’s no stay of execution preventing Chisolm from seeking a judge’s order to move forward with Davis’ death sentence. The prosecutor released a brief statement Monday that stopped short of saying he would wait for the Supreme Court before acting.

“As previously stated, the Chatham County District Attorney’s office has no comment on the substance of this case until all appeals are exhausted,” Chisolm said.

Chisolm’s spokeswoman, Lydia Sermons, declined to comment further.

Davis’ supporters say Chisolm has another option. They’re working to pressure Chisolm to reopen Davis’ case without waiting for the courts.

“He doesn’t have to wait for them,” said Martina Correia, Davis’ sister. “He could still open this case at any time.”

Earlier coverage begins with this post from yesterday morning.