Troy Davis stay denied

The state Supreme Court has voted 6-1 to deny a stay of execution for convicted cop-killer Troy Davis. Davis is scheduled to die by lethal injection tomorrow. Justice Robert Benham dissented.

The stay was requested in order to allow the for the U.S. Supreme Court to rule on an appeal filed in July by Davis’ attorneys.

The Georgia Supreme Court’s decision says that the authority to grant the stay falls on the U.S. Supreme Court:

“Because the Supreme Court of the United States rather than this Court properly has jurisdiction over Davis’s pending petition ... and because it appears that Davis has already filed in that Court a motion for a stay of execution, his motion for a stay of execution filed in this Court is denied.”

Writing for the majority, Chief Justice Leah Sears stated:

“I still believe that Davis is entitled to that hearing. Nevertheless, this case is currently pending before the United States Supreme Court ... and jurisdiction is properly in the Supreme Court, not this Court.”

The U.S. Supreme Court had scheduled a conference for Sept. 29 — three days after Davis’ scheduled execution — to discuss whether it would consider his appeal. Now, however, a ruling is expected before tomorrow night.