On August 17, the U.S. Supreme Court ordered a lower court judge to hear new evidence in a death penalty appeal called In re Troy Davis, 08-1443. The case, from Georgia, concerns whether actual innocence is enough to stop capital punishment from being carried out, when the prisoner had lost his or her previous appeals. The Court on August 17 also agreed to accept the amicus curiae brief of Bob Barr. Normally the Court doesn’t need to decide whether to accept amici briefs, because both sides waive any objections. However, in this case, the state of Georgia had refused to waive its objections to Barr’s brief, so the Court had to decide whether to accept it. Barr argues on the side of the prisoner, Troy Davis.
The Court’s vote on whether to accept the case was 6-2. Justice Sotomayor did not participate and Justices Scalia and Thomas were in the minority. The only other amicus submitted in the case is from the NAACP, and both sides had agreed to accept that brief.