As Wiki reports:
On August 17, 2009, the Supreme Court, over two Justices’ dissents, ordered a federal district court in Georgia to consider and rule on Davis' claim of innocence. The Court order directed the District Court to “receive testimony and make findings of fact as to whether evidence that could not have been obtained at the time of trial clearly establishes [Davis'] innocence.” [10] (The case was "In re Davis", 08-1443.) This was a highly unusual action, because original writs of habeas corpus filed in the Supreme Court are very rarely granted; the Court had not granted one of these in "nearly 50 years."
The vote of the Supreme Court was not published, but some justices released opinions: Justice Scalia wrote a dissenting opinion joined by Justice Thomas, and Justice Stevens wrote a separate opinion in response, joined by Justices Ginsburg and Breyer. Justice Sotomayor did not take part in the consideration of the case.[10]
The hearing will now proceed in the Federal District Court.
The vote of the Supreme Court was not published, but some justices released opinions: Justice Scalia wrote a dissenting opinion joined by Justice Thomas, and Justice Stevens wrote a separate opinion in response, joined by Justices Ginsburg and Breyer. Justice Sotomayor did not take part in the consideration of the case.[10]
The hearing will now proceed in the Federal District Court.
Hereis the opinion of Justices Stevens, Ginsburg, and Breyer. Here is the opinion of Justices Scalia and Thomas. I am reading these now.
There are two reasons why I am elated over this:
1. A serious injustice may be undone. Even if Davis is ultimately executed, at least he will have received a hearing on his innocence.
2. This strikes a serious blow against the current of cases that seemed to hold that innocence of the defendant was not relevant on appeal.
This is the kind of little thing that keeps me from losing all hope.
