Davis Execution Stayed

The Georgia Board of Pardons and Paroles has stayed the execution of Troy Anthony Davis for up to 90 days or until the board lifts the stay.

This will allow attorneys for Davis time to better establish their case for clemency. The Georgia Board is limited to either commuting Davis’ sentence to life, with or without the possibility of parole, or allowing the sentence to be carried out. In a separate action Davis has appealed to the Georgia Supreme Court to overturn a superior court ruling rejecting a motion for a new trial.

The Georgia Board of Pardons and Paroles has done the right thing. Let’s hope that the courts now do the right thing and consider the motion for a new trial based upon the evidence at hand and not the rules of the Antiterrorism and Effective Death Penalty Act (AEDPA).