Lyle Denniston posts, "Hearing on innocence claim ordered," at SCOTUS Blog.
The Supreme Court, over two Justices’ dissents, on Monday ordered a federal judge in Georgia to consider and rule on the claim of innocence in the murder case against Troy Anthony Davis (In re Davis, 08-1443) The Court told the District Court to “receive testimony and make findings of fact as to whether evidence that could have been obtained at the time of trial clearly establishes [Davis'] innocence.”
Justices Antonin Scalia and Clarence Thomas dissented. Some of their arguments were answered in a separate opinion by Justice John Paul Stevens, joined by Justices Stephen G. Breyer and Ruth Bader Ginsburg. The new member of the Court, Justice Sonia Sotomayor, took no part in the Court’s action.
The action was highly unusual, because Davis had filed what is called an original writ of habeas corpus — that is, a plea for his release, filed directly in the Supreme Court rather than in lower courts. Such claims rarely succeed. Justice Scalia noted in his dissent that the Court had not taken a similar step “in nearly 50 years.” The original writ, petition for certiorari, brief in opposition, and amici filings can be downloaded here.
The action also was unusual because the Court normally does not take actions of this significance during its summer recess. The case had been ready for the Justices’ consideration near the end of their past Term, in late June, but they simply took no action at that time. There was no word on why the Court took it up again at this time, rather than waiting until a new Term had opened.
And:
The Court’s order and Justice Stevens’ separate opinion can be downloaded here . Justice Scalia’s dissent is available here.
Earlier coverage, here.
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