3 of 3 DOCUMENTS
IN RE TROY ANTHONY DAVISCASE NO. CV409-130UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OFGEORGIA, SAVANNAH DIVISION
2010 U.S. Dist. LEXIS 87340
August 24, 2010, DecidedAugust 24, 2010, FiledSUBSEQUENT HISTORY:
Appeal dismissed by,Certificate of appealability denied
Davis v. Terry, 625F.3d 716, 2010 U.S. App. LEXIS 23123 (11th Cir. Ga.,2010)
Appeal dismissed by, Writ of habeas corpus denied, Writdenied by
Davis v. Humphrey, 131 S. Ct. 1788, 179 L. Ed. 2d 651, 2011 U.S. LEXIS 2433 (U.S., Mar. 28, 2011)
In re Davis, 2010 U.S. Dist. LEXIS56076 (S.D. Ga., June 8, 2010)
[*1] For Troy Anthony Davis, In Re:Danielle Garten, Jason Ewart, Jonathan L. Stern, PhilipHorton, Steven G. Reade, LEAD ATTORNEYS, PROHAC VICE, Stephen Marsh, LEAD ATTORNEY,Arnold § Porter, LLP, Washington, DC; Thomas H.Dunn, LEAD ATTORNEY, Brian S. Kammer, PROHAC VICE, Atlanta, GA.For William Terry, Respondent: Mary BethWestmoreland, Susan V. Boleyn, LEAD ATTORNEYS,Beth Attaway Burton, Dept. of Law GA AttorneyGeneral's Office, Atlanta, GA; Thurbert E. Baker,Atlanta, GA.
WILLIAM T. MOORE, JR., UNITEDSTATES DISTRICT JUDGE.
WILLIAM T. MOORE, JR.
ORDERBefore the Court is Petitioner Troy Anthony Davis'sPetition for a Writ of Habeas Corpus. (Doc. 2.) Thispetition was originally filed with the United StatesSupreme Court and has been transferred to this Court,pursuant to
28 U.S.C. § 2241(b)
, with instructions to"receive testimony and make findings of fact as towhether evidence that could not have been obtained at thetime of the trial clearly establishes petitioner'sinnocence."
In re Davis, 557 U.S. , 130 S. Ct. 1, 1,174 L. Ed. 2d 614 (2009)
. This Court has conducted thehearing. (See Docs. 82, 83.) For the reasons that follow,the Court concludes that while executing an innocentperson would [*2] violate the United States Constitution,Mr. Davis has failed to prove his innocence. Accordingly,the petition is
.1 The jurisdictional effects of this transfer,especially with respect to appeal, are unclear.According to the Revision Notes of
28 U.S.C. §2241
:Subsection (b) was added to givestatutory sanction to orderly andappropriate procedure. A circuit judge who unnecessarily entertainsPage 1