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Can we do a happy dance for Troy Davis?
I'm so glad I glimpsed into E08 to hear this news.
http://www.msnbc.msn.com/id/26842816/
Thanks to bunny for letting me know about the story at all. It's burried on the US News page of MSNBC; not on the front page at all. I think it's disgusting that a case where a man is about to be killed by the state even though 7 of 9 witnesses have recounted their testimony is so woefully un-newsworthy.
My favorite part was where they said the reason it was so difficult to appeal this case was because he was claiming innocence. Basically, the system will let you go on a technicallity, but they don't know what to do with innocence.
Such a mindboggling absense of justice, I was getting really upset as the execution time drew nearer and I'm so so so glad to hear this.
Three cheers for the SCOTUS!
Re: Can we do a happy dance for Troy Davis?
I have no idea what case is about but anytime someone calls for a happy dance I'm willing to join.
****moonwalk*****
I think so.
Here's what usually happens with death penalty appeals to the Supreme Court. The Court gets a bunch of them and it can do one of three things (1) refuse to hear the case and let the execution proceed (most common), (2) refuse to hear the case but stop the execution if there's some gross violation of the law that doesn't really need a hearing to decide (really, really rare), or (3) agree to hear the case (again, really rare).
I guess here, they've agreed to hear the case. But, here's where things get tricky.
To decide to hear a case (3), the Court needs 4 votes. But to stop an execution (2), the court needs 5 votes. What usually happens is that an execution will probably already be scheduled for a day that will be before the court can hear the case and make a decision. Which means you need 5 votes to temporarily stop the execution. The 4 votes to hear the case are not enough to temporarily stop the execution, you need a 5th.
So, what it sounds like happened here (I'm guessing, I don't know for sure) is that the case got caught in the weird purgatory between that 4th and 5th vote. Somebody (probably Kennedy) must have budged at the last minute.