The Circuit Court did come back last Thursday and deny Troy's appeal in a 2-1 decision. Justice Barkett issued her dissenting opinion, stating "...executing an innocent person would be an atrocious violation of our constitution." She then made it personal to Davis, saying "To execute Davis, in the face of a significant amount of proffered evidence that may establish his actual innocence, is unconscionable and unconstitutional."
The Court gave Davis a 30-day stay of execution so that he can file another appeal to the U.S. Supreme Court. If the Supreme Court will not hear his appeal, the state of Georgia will be free to issue another death warrant for Troy Davis.
Martina, Troy's sister, continues to hold out hope as does Troy. He issued a statement saying we must all continue to fight for justice and never give up on what is right.
Martina and her family urged Terry to continue filming Troy's story, especially now. The funds are even tighter than before so we urge you to take some time to donate toward the film's progress by clicking on the Give link located on the homepage. Your donation is tax deductible and you will be sent a receipt by e-mail. Please forward this story on to those you know and get this project in front of people. Post this website on various news blogs and let people know where they can help.
Monday, April 20, 2009
Monday, February 2, 2009
Filming Continues; Funds Needed
Terry continues to make trips to Savannah, GA to continue filming the individuals involved and how this story affects their lives. Currently, the Circuit Court has issued no decision on Troy's case; they can take up to a couple months to hand anything down. So the waiting continues, as well as the task of raising awareness regarding this issue of Reasonable Doubt.
What is really at stake in this case is judicial procedures versus the judicial principle of reasonable doubt. For which will the court find in favor? Which is more important? Could a possibly innocent man be executed because all judicial procedures were followed? Is that right?
Since the Oklahoma City bombing & Timothy McVeigh, laws have been put in place that severely limit the amount of time one has to submit appeals and present new evidence. It is a good law in that it prevents individuals from dragging out the appeals process when there is no reasonable doubt regarding their guilt. They simply want to prevent the inevitable. But what if there is reasonable doubt? What if new evidence surfaces after the statute of limitations? What then? These are questions that are being asked regarding Troy's case and other cases like his. If the answers were easy, it wouldn't even be an issue, but they are not easy and not clear. It's an injustice for both the Davis family and the MacPhail family to have to continue this way. The truth should have been allowed to come to light a long time ago.
Another huge task is raising funding for this documentary. Undertaking such a large project is extremely pricey; combine that with the current economic situation and you have a very interesting assignment on your hands! So if this project interests you, if this project affects you and others around you, if you would like to see it come to fruition, please consider a donation today. Pass along the information to those you know--friends, family, co-workers. Read up about the issue. Don't just take this site's opinion. Educate yourself and decide what you think.
What is really at stake in this case is judicial procedures versus the judicial principle of reasonable doubt. For which will the court find in favor? Which is more important? Could a possibly innocent man be executed because all judicial procedures were followed? Is that right?
Since the Oklahoma City bombing & Timothy McVeigh, laws have been put in place that severely limit the amount of time one has to submit appeals and present new evidence. It is a good law in that it prevents individuals from dragging out the appeals process when there is no reasonable doubt regarding their guilt. They simply want to prevent the inevitable. But what if there is reasonable doubt? What if new evidence surfaces after the statute of limitations? What then? These are questions that are being asked regarding Troy's case and other cases like his. If the answers were easy, it wouldn't even be an issue, but they are not easy and not clear. It's an injustice for both the Davis family and the MacPhail family to have to continue this way. The truth should have been allowed to come to light a long time ago.
Another huge task is raising funding for this documentary. Undertaking such a large project is extremely pricey; combine that with the current economic situation and you have a very interesting assignment on your hands! So if this project interests you, if this project affects you and others around you, if you would like to see it come to fruition, please consider a donation today. Pass along the information to those you know--friends, family, co-workers. Read up about the issue. Don't just take this site's opinion. Educate yourself and decide what you think.
Thursday, December 11, 2008
11th Circuit Court of Appeals Heard Arguments on the 9th
Terry was in Atlanta on Tuesday for the oral arguments from both sides. Evidently the judges had thoroughly reviewed the case because their questions were very in depth. It was very animated on both sides of the courtroom.
This appellate process is all about procedure and whether it was followed during the trial, so all the questioning centered around that issue. A big concern of the court is whether an innocent person or possibly innocent person could be put to death because procedure was followed explicitly and no other avenues of recourse are available for that individual. Another thing the court has to consider is that they are a gatekeeper , in a sense, for the courts to avoid a flood of unnecessary appeals. They realize that there are exceptions in some cases but if they allow Troy's case through, it might open a floodgate that they are not ready to address.
So on many levels, the stakes are high and the court fully acknowledges this. They have a decision to make as to whether they will take the lead on this, or pass it on to the U.S. Supreme Court. Only time will tell.
Terry was able to film the long line of supporters outside the building; of course, no cameras were allowed in the courtroom. Both families, Davises & McPhails, were represented at the hearing and both gave statements to the press afterward.
Filming continues in Savannah, GA, so keep posted for more upcoming news.
This appellate process is all about procedure and whether it was followed during the trial, so all the questioning centered around that issue. A big concern of the court is whether an innocent person or possibly innocent person could be put to death because procedure was followed explicitly and no other avenues of recourse are available for that individual. Another thing the court has to consider is that they are a gatekeeper , in a sense, for the courts to avoid a flood of unnecessary appeals. They realize that there are exceptions in some cases but if they allow Troy's case through, it might open a floodgate that they are not ready to address.
So on many levels, the stakes are high and the court fully acknowledges this. They have a decision to make as to whether they will take the lead on this, or pass it on to the U.S. Supreme Court. Only time will tell.
Terry was able to film the long line of supporters outside the building; of course, no cameras were allowed in the courtroom. Both families, Davises & McPhails, were represented at the hearing and both gave statements to the press afterward.
Filming continues in Savannah, GA, so keep posted for more upcoming news.
Tuesday, November 25, 2008
Federal Appeals Court Responds!
The Federal Court decided to hear Oral Arguements from both sides on December 9th.
William Sessions, Former Judge and Former FBI Director said it best in an article that was featured in the Atlanta Journal-Constitution. http://www.ajc.com/opinion/content/opinion/stories/2008/11/18/sessionsed_1118.html\
William Sessions, Former Judge and Former FBI Director said it best in an article that was featured in the Atlanta Journal-Constitution. http://www.ajc.com/opinion/content/opinion/stories/2008/11/18/sessionsed_1118.html\
Saturday, October 25, 2008
Federal Appeals Court issues Stay of Execution
Troy was scheduled to die by lethal injection on Monday, October 27th. His family was packing for their trtip to death chamber for the third time when the news came that the Federal Appeals Court issued a "conditional" stay of execution. Troy's lawyers will work be working to present their legal briefs within the next 15 days in hopes for a new trial.
Friday, October 17, 2008
SUPREME COURT RULING
The Supreme Court denied Troy's case. The State of Georgia scheduled Troy's execution for October 27, 2008.
Friday, October 10, 2008
Supreme Court to consider Davis' case in private
Today the U.S. Supreme Court is scheduled to meet in private to discuss Troy's case. They are not likely to give their decision today. Tuesday is the most likely time since Monday is a holiday, so now we continue to wait. It's hard to fathom that this decision will be the final say. For so long, Martina, Troy, and their family have been fighting for someone to hear his case. Now they have the attention of the highest court in the land and their word is it. Please consider how you, your friends, and family might support Troy's case and this film. Continue to spread the word.
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