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114Fw: [Volokh] Jonathan Adler: Bob Barr Defends Troy Davis

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  • Jon Roland
    Jun 1, 2009
    It should also be pointed out that the statute, based on the Commerce
    Clause (it affects interstate commerce) is unconstitutional.

    -------- Original Message --------
    Subject: [Volokh] Jonathan Adler: Bob Barr Defends Troy Davis:
    Date: Mon, 1 Jun 2009 08:42:35 -0400
    From: notify@...
    To: volokh@...

    Posted by Jonathan Adler:
    Bob Barr Defends Troy Davis:

    Former Republican Representative (and Libertarian presidential
    candidate) Bob Barr has an [1]op-ed in today's New York Times calling
    on the Supreme Court to grant the habeas petition filed on behalf of
    Georgia death row inmate [2]Troy Davis.

    Mr. Davis is facing execution for the 1989 murder of an off-duty
    police officer in Savannah, Ga., even though seven of the nine
    witnesses have recanted their testimony against him. Many of these
    witnesses now say they were pressured into testifying falsely
    against him by police officers who were understandably eager to
    convict someone for killing a comrade. No court has ever heard the
    evidence of Mr. Davis's innocence.

    After the United States Court of Appeals for the 11th Circuit
    barred Mr. Davis from raising his claims of innocence, his
    attorneys last month petitioned the Supreme Court for an original
    writ of habeas corpus. This would be an extraordinary procedure --
    provided for by the Constitution but granted only a handful of
    times since 1900. However, absent this, Mr. Davis faces an
    extraordinary and obviously final injustice.

    According to Barr, federal courts have read the Anti-Terrorism and
    Effective Death Penalty Act (AEDPA) too narrowly, and the law was not
    intended to preclude habeas petitions asserting actual innocence.


    1. http://www.nytimes.com/2009/06/01/opinion/01barr.html
    2. http://en.wikipedia.org/wiki/Troy_Anthony_Davis


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