7:30 pm: Georgia is delaying execution to await word from the Supreme Court on a stay. ABC calls it a reprieve but its really just a delay. As said below, the window is between today and Sept. 28. If Supreme Court denies stay, they could proceed at any time, including tonight.
7:00 ET: Via Jake Tapper: White House says Obama will have no comment. Here's the full statement:
“Dating back to his time in the Illinois State Senate, President Obama has worked to ensure accuracy and fairness in the criminal justice system – especially in capital punishment cases,” said White House Press Secretary Jay Carney. “However, it is not appropriate for the President of the United States to weigh in on specific cases like this one, which is a state prosecution.”
6:59: Here is the state's response in Supreme Court.
Petitioner waited until the morning of his scheduled execution to file a successive state habeas petition. He now comes to this Court one hour before his scheduled execution asking this Court to enter an open-ended stay to allow
him to potentially file a petition for writ of certiorari with this Court. The state court has reviewed Petitioner’s claims, which present no new evidence or argument, and denied them
instanter. The claims were denied on independent and adequate state law grounds, presenting nothing for this Court’s certiorari review.
6:30 pm: Georgia Supreme Court rejected appeal. Troy's lawyers have just filed for a stay in Supreme Court, according to CBS News. From the Petition:
A stay of execution in order to protect this Court's jurisdiction over certiorari
proceedings is justified on the grounds that Petitioner's counsel will shortly file in this Court a Petition for Writ of Certiorari presenting substantial constitutional errors which have occurred in connection with the lower courts denial of his claims that newly available evidence reveals that false, misleading and materially inaccurate information was presented at his capital trial in 1989, rendering the convictions and death sentence fundamentally unreliable. Petitioner's counsel have been struggling to litigate meritorious constitutional claims in the lower courts after having a grueling clemency process, which was denied yesterday.
Attached to the petition is the execution scheduling order which says the window for execution is Sept. 21 to Sept. 28.
5:30 pm ET: Court denies stay motion for Troy Davis. He declines to record a last statement. His last options are the GA Supreme Court and US Supreme Court.
5:15 ET: Former GA prison wardens urge Governor and Prison to
allow staff to opt out of executing Troy Davis.
[We] urge you to unburden yourselves and your staff from the pain of participating in such a questionable execution to the extent possible by allowing any personnel so inclined to opt-out of activities related to the execution of Troy Anthony Davis.
3:30 pm ET: Troy Davis' attorneys filed an appeal today in the Butts County Superior Court, the county where Troy is being held for execution tonight. The state's Attorney General has filed a motion in opposition, alleging the defense is engaging in delay tactics.
The Georgia Board of Pardons and Paroles has refused to reconsider its rejection of his clemency bid. It also refused a defense request today to allow Troy to take a polygraph.
Here's is Troy Davis' last letter to supporters.
Here is a list of vigils being held today around the country.
The Guardian: Ten reasons Troy Davis should not be executed.
Here is Judge William T. Moore's 174 page order denying Troy a new trial. Here is a recap of the hearing.
The schedule:
- 4 p.m.: Last meal offered.
- 5 p.m.: Opportunity to record final statement.
- 6 p.m.: An optional sedative will be offered.
- 7 p.m.: Execution,
