In a last minute appeal that many did not think possible under post-conviction remedy law, Troy Davis has just filed an appeal with the Supreme Court.
Lyle Denniston from SCOTUSBlog comments:
Six months after the Supreme Court previously refused all attempts to stop the execution of Georgia inmate Troy Anthony Davis, his lawyers on Wednesday filed a new plea seeking to head off the state schedule to put him to death Wednesday evening. . . [i]n urging the Justices not to delay execution any further, the state Wednesday evening said that Davis’s lawyers had waited too long to challenge an execution that had been scheduled 15 days ago.
The brief (read it in full here) asks for a delay so that a writ of certiorary can be filed that will point out “substantial constitutional errors.” It argues that “newly available evidence reveals that false, misleading and materially inaccurate information was presented at his capital trial in 1989, rendering the convictions and death sentence fundamentally unreliable.”
The state’s reply (read it in full here) is that Davis’ appeal “presents no new evidence or argument.”
Props to Billy Minshall for alerting me to this development.