USA - Georgia. The U.S. Supreme Court, in an exceptional move, has ordered a U.S. district court in Georgia to hear new testimony in the case of Troy Davis

The U.S. Supreme Court, in an exceptional move, has ordered a U.S. district court in Georgia to hear new testimony in the case of Troy Davis. Over the dissent of 2 justice, the Supreme Court said a lower court judge should determine whether new evidence "clearly establishes" Davis' innocence. Since his jury conviction 18 years ago, seven of the prosecution's witnesses have recanted their testimony about what happened the night officer Mark Allen MacPhail was shot dead. Some individuals have also said the prosecution's key witness was the shooter, not Davis. The case had been pending before the justices for months, and the majority's action demonstrates that they were plainly concerned that an innocent person might be facing death. Justice Antonin Scalia and Clarence Thomas dissented, calling the court's action "extraordinary ... one not taken in nearly 50 years" and asserting that "every judicial and executive body that has examined (Davis') stale claim of innocence has been unpersuaded." Justice John Paul Stevens wrote that he and Thomas were wrongly assuming, despite the new information, that Davis was guilty. He said the risk of putting an innocent man to death provides "adequate justification" for a new hearing. "The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing," said Justice John Paul Stevens, writing for the court. Justices Ruth Bader Ginsburg and Stephen Breyer concurred with Stevens. Justice Sonia Sotomayor, who was just confirmed as a new justice earlier this month, did not take part in the consideration of Davis' motion, the court said. (see also 15/07/2007, 10/07/2008, 12/09/2008, 23/09/2008, 30/09/2008, 06/10/2008, 14/10/2008, 15/10/2008, 24/10/2008, 19/11/2008, 17/04/2009, 21/05/2009, 29/06/2009).