Supreme Court rejects Davis death penalty petition, takes supplemental jurisdiction case

[JURIST] The US Supreme Court [official website; JURIST news archive] on Monday rejected a petition [order list, PDF] to hear a Georgia death row inmate's appeal, lifting a stay on his execution, while agreeing to hear a case dealing with supplemental jurisdiction. The court declined to grant certiorari in the case of Troy Anthony Davis [defense website], who was convicted of killing an off-duty police officer in 1989. According to defense lawyers, key witnesses against Davis have recanted their testimony, and others say another person has since confessed to the killing. The Court stayed Davis' execution [JURIST report], which had been scheduled for September [GA AG press release], pending consideration of his case. The certiorari denial lifts that stay, allowing Georgia to set a new execution date. The Court had previously denied a petition for certiorari in the case, and the Georgia Supreme Court [official website] in March denied [court docket; opinion summary] Davis's request for a new trial. The Atlanta Journal Constitution has more.

In the case granted certiorari, Carlsbad Technology, Inc. v. HIF Bio, Inc. (07-1437) [docket; cert. petition], the Court will consider whether a district court's order remanding a case to state court following its discretionary decision not to exercise supplemental jurisdiction [text, 28 USC 1367(c)] is subject to appellate review. The US Court of Appeals for the Federal Circuit ruled [opinion, PDF] that such an order is barred from review [text, 28 USC 1447(d)] as a remand for lack of subject matter jurisdiction.

 

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