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Davis v. Humphrey

Petition for certiorari denied on March 28, 2011

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
10-950 U.S. District Court for the Southern District of Georgia N/A N/A N/A N/A OT 2010

Issue: 1) Whether Sawyer v. Whitley (1992), supplies the appropriate burden of proof for a claim that the execution of an innocent person violates the Eighth Amendment; 2) whether, in the context of an actual innocence proceeding, the district court gave proper consideration to evidence that the alternative suspect confessed in accordance with House v. Bell (2006), and Schlup v. Delo (1995); 3) whether, through witness testimony, the petitioner established his innocence to the requisite degree to render his execution unconstitutional under the Eighth Amendment; and 4) whether the court of appeals has jurisdiction under 28 U.S.C. §§ 1291 and 2253 to review the district court's final order in the first instance?

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