The Supreme Court on an original petition for habeas corpus ordered the US District Court for the Southern District of Georgia to hold hearings and to decide whether evidence developed since the trial of Troy Davis establishes Davis’ innocence.

Troy Davis was charged with and convicted of the murder of an off duty Georgia police officer. Nine witnesses testified for the prosecution at trial. Seven of these witnesses have recanted. This will give a Federal judge the power to listed to these witnesses and other witnesses that have come forward and determine whether or not Troy Davis is telling the truth when he says he is innocent. It will not be an easy job. To meet the Supreme Court’s test Davis will have to “clearly establish” his innocence. This is a much more difficult task than proving, at trial, that there is a reasonable doubt that he is not guilty.

Justice Scalia dissented from the Court’s opinion. He asserts that Davis is guilty and that the District Court is without power to change the result of the trial. Justice Stevens filed a concurring opinion disputing Scalia’s argument. As Justice Stevens points out no court has ever had a hearing to determine the validity of the numerous affidavits challenging the lower court decision. He points out that the lower court may find that restrictions on reversing lower court decisions may not apply to original petitions in the Supreme Court or to findings of innocence either on statutory grounds or on constitutional grounds.

There is good reason not to apply the rules for habeas corpus to findings of innocence. By definitions findings of innocence imply that evidence, not available at trial and only developed post trial, prove the defendant’s innocence. Since the habeas rules apply strict timelines evidence found years after trial would not be admissible in a habeas. Yet this post trial evidence is the very type of evidence one would expect in a claim of innocence. This is particularly important in a case such as Troy Davis’ where he is sentenced to death. As Justice Stevens pointed out we certainly do not want to execute the wrong person.