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Supreme Court denies case; stay of execution terminated. It was the third time since July that Davis had been spared the death penalty by a late court decision. December -- Davis's lawyers filed the appeal with the 11th Circuit Court, the last place they could bring their case for a new trial for Davis. April -- A federal appeals court rejected Davis's appeal.

May 19, -- Attorneys for Davis file their final appeal with the U. Supreme Court to grant them a new hearing on Davis's case in the U. District Court in Savannah. There were 11, signatures from Chatham County residents. The petitions asked that District Attorney Larry Chisolm reopen the case. August -- The U. Supreme Court granted Davis's request for a rare evidentiary hearing in the federal district court in Savannah. June 21, -- Groups and family members host vigils for both Davis and MacPhail.

June 22, -- Davis's attorneys present what they say is evidence that he did not kill officer MacPhail. They are seeking a new trial. June 23, -- The two-day evidentiary hearing wraps up. The prosecution argued that witnesses' recanting testimony is unreliable and defense did not meet the standards of proving Davis's innocence. June 24, -- Judge William T. Moore gave the defense and prosecution a list of questions to answer in the hearing of a man convicted in the fatal shooting of a Savannah police officer.

Both sides in the case had a deadline to respond by 5 p. July 7. Supreme Court not the 11th Circuit Court of Appeals. Attorneys for Davis were told in October that they must appeal the ruling to the U.

Attorneys for Davis made two arguments in the filing: the 11th Circuit Court of Appeals had jurisdiction to the hear that case, and they should be the ones to review U. District Judge William Moore opinion in the first instance. If the 11th Circuit does not have jurisdiction, the Supreme Court should hear Davis's case because he has introduced extensive evidence that he did not commit the crime for which the State of Georgia wishes to execute him, according to Davis's attorney Jason Ewart.

March 28, -- The Supreme Court rejects an appeal from Davis. Davis's execution date. The Georgia Board of Pardons and Paroles said a hearing before the board has been scheduled for 9 a. This would be their opportunity to request clemency. View the letter. Supporters have events planned throughout the weekend. Davis's lawyers go before the board to ask for clemency. The board heard testimony from witnesses and family members and jurors from the trial who say they now believe there is doubt in the case.

Darrell Collins also recanted his previous evidence that he had seen Davis shoot Cooper and MacPhail. The witnesses variously described their previous testimony against Davis as being the result of feeling scared, of feeling frightened and pressured by police or to get revenge in a conflict with Davis. Anthony Hargrove testified that Redd Coles had admitted the killing to him.

The state's lawyers described Hargrove's testimony as hearsay evidence; Judge William T. Moore permitted the evidence but stated that unless Coles appeared, he might give the evidence "no weight whatsoever. Moore criticized the decision not to call Coles, saying that he was "one of the most critical witnesses to Davis's defense". One of Davis's lawyers stated that the day before they had been unsuccessful in serving a subpoena on Coles; Moore responded that the attempt had been made too late, given that the hearing date had been set months in advance.

Moore ruled that executing an innocent person would violate the Eighth Amendment. Davis is not innocent. Davis's new evidence casts some additional, minimal doubt on his conviction, it is largely smoke and mirrors. Davis, despite no evidence that Mr. Gordon knew Mr. Of the seven papers described as recantations by the defense, Moore found that only one was wholly credible and two were partly credible. He did not consider Coles' alleged confessions because of the failure of Davis's lawyers to subpoena Coles, and suggested that Davis should appeal directly to the Supreme Court.

In November , the federal appeals panel dismissed an appeal on the case, without ruling on its merits. They stated that Davis should appeal the case directly to the U. Supreme Court "because he had exhausted his other avenues of relief. District Court for the Southern District of Georgia to consider whether new evidence "that could not have been obtained at the time of trial clearly establishes [Davis'] innocence".

The evidentiary hearing was held in June The defense presented affidavits from seven of the nine trial witnesses whose original testimony had identified Davis as the murderer, but who it contended had changed or recanted their previous testimony. Some of these writings disavowed parts of prior testimony, or implicated Sylvester "Redd" Coles, who Davis contended was the actual triggerman.

The state presented witnesses, including the police investigators and original prosecutors, who described a careful investigation of the crime, without any coercion. Davis did not call some of the witnesses who had supposedly recanted, despite their presence in the courthouse; accordingly their affidavits were given little weight by the judge.

Evidence that Coles had confessed to the killing was excluded as hearsay because Coles was not subpoenaed by the defense to rebut it. On April 16, , the panel denied Davis's application by a 2—1 majority.

Judges Dubina and Marcus rejected the petition, stating that Davis's claims having been reviewed and rejected in the past, and that the recantations were not persuasive. Judge Rosemary Barkett, in dissent, expressed her belief that as Davis might prove his innocence, it would be wrong to execute him.

In an interview, Mark MacPhail Jr. And our law says, you kill an officer of the law, who tries to uphold it, you must be punished. Supreme Court. Davis filed a petition for habeas corpus with the U. Supreme Court on May 19, On August 17, , the Supreme Court ordered the Savannah federal 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.

He was joined by Justice Clarence Thomas. Davis maintained his innocence up to his execution. In the 20 years between his conviction and execution, Davis and his defenders secured support from the public, celebrities, and human rights groups.

Prominent politicians and leaders, including former President Jimmy Carter, Rev. Sessions called upon the courts to grant Davis a new trial or evidentiary hearing. In July , September , and October , execution dates were scheduled, but each execution was stayed shortly before it was to take place. In July , Davis's lawyers filed a petition for a writ of certiorari in the U. Supreme Court, seeking review of the Georgia Supreme Court decision and arguing that the Eighth Amendment creates a substantive right of the innocent not to be executed.

However, an execution date was scheduled for September 23, , before the United States Supreme Court decided whether to take up Davis's case. On October 14, , the Supreme Court declined to hear Davis's petition, and a new execution date was set for October 27, On October 21, , Davis's lawyers requested an emergency stay of the pending execution, and three days later the 11th Circuit Court of Appeals issued a stay of execution to consider a newly filed federal habeas petition. Davis's supporters continued their appeals and actions; these included rallies held worldwide, a petition with , signatures presented to the state Board of Pardons and Paroles, and an appeal from the European Union calling for the death sentence to be commuted.

In contrast, the Chatham County prosecutors asserted that Davis was guilty and deserved the death penalty. On June 25, , Davis's first certiorari petition to the U. Supreme Court was denied, and his execution was then set for July 17, On July 16, , the Georgia State Board of Pardons and Paroles granted a ninety-day stay of execution in order to allow the evaluation of evidence presented, including the doubts about Davis's guilt.

The stay was superseded by the August decision of the Georgia Supreme Court to grant Davis' application for discretionary appeal from the denial of his Extraordinary Motion for a New Trial. Defense lawyers requested a new trial based on statements of mistaken identity. On March 17, , the Georgia Supreme Court denied the appeal by a 4—3 majority. The majority wrote that the recanting witnesses "have merely stated they now do not feel able to identify the shooter", that the trial testimony could not be ignored, and that they "in fact, favor[ed] that original testimony over the new.

The State of Georgia argued that the evidence had been procedurally defaulted since it should have been introduced earlier. Davis's petition was denied in May ; the judge stated in an opinion that the "submitted affidavits are insufficient to raise doubts as to the constitutionality of the result at trial, there is no danger of a miscarriage of justice in declining to consider the claim. The decision was appealed to the 11th Circuit Court, which heard oral arguments in the case in September On September 26, , the court affirmed the denial of federal habeas corpus relief, and determined that Davis had not made "a substantive claim of actual innocence" or shown that his trial was constitutionally unfair; the circuit court found that neither prosecutors nor defense counsel had acted improperly or incompetently at trial.

A petition for panel rehearing was denied in December From onwards, seven of the nine principal prosecution eyewitnesses changed all or part of their trial testimony. Dorothy Ferrell, for example, stated in a affidavit that she felt under pressure from police to identify Davis as the shooter because she was on parole for a shoplifting conviction.

In a affidavit, Darrell Collins wrote that the police had scared him into falsely testifying by threatening to charge him as an accessory to the crime, and alleged that he had not seen Davis do anything to Young.

Antoine Williams, Larry Young and Monty Holmes also stated in affidavits that their earlier testimony implicating Davis had been coerced by strong-arm police tactics. In addition, three witnesses signed affidavits stating that Red Coles had confessed to the murder to them.