Arizona Capital Representation Project

The United States Supreme Court ordered the United States District Court for the Southern District of Georgia to conduct an evidentiary hearing on Troy Davis’ claim of actual innocence.

In a dissent from the order, Justice Scalia, joined by Justice Thomas, writes, “There is no sound basis for distinguishing an actual-innocence claim from any other claim that is alleged to have produced a wrongful conviction.”

Justice Stevens, joined by Justices Ginsburg and Breyer, answered Justice Scalia’s dissent, concluding “the substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing.  Simply put, the case is sufficiently ‘exceptional’ to warrant utilization of this Court’s Rule 20.4(a), 28 U. S. C. §2241(b), and our original habeas jurisdiction.”  (emphasis added).

Read the dissenting opinion of Justice Scalia and the concurring opinion of Justice Stevens here:

08-1443Scalia

08-1443Stevens

NPR’s All Things Considered covers the indigent defense crisis in Detroit, where public defenders have too little funding and too many cases to adequately prepare for trial, draft appeals, or communicate with their clients.

Listen to the program at NPR.

With its opinion in State v. Kiles, the Arizona Supreme Court has now denied relief in every capital case this term.