Editor's Note :

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On Friday, the Supreme Court released orders from the January 17 conference, granting six cases for a total of three hours of oral argument. The justices are expected to release additional orders from the conference on Tuesday at 9:30 a.m.
On Tuesday at 10:00 a.m., the justices will hear oral argument in Shular v. United States. Click to read our preview from Leah Litman.
On Tuesday at 11:00 a.m., the justices will hear oral argument in GE Energy Power Conversion France v. Outokumpu Stainless USA. Click to read our preview from Ronald Mann.

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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