The Eleventh Circuit, which had previously stayed the execution of Troy Davis in Georgia, today denied relief in this 2-1 opinion. On the question of whether Davis is actually innocent, the majority opinion says:
Davis has not presented us with a showing of innocence so compelling that we would be obliged to act today. Rather, the record, including all of the post-trial affidavits, is, at best, tortured and difficult. Indeed, the Georgia trial court and Georgia's Supreme Court have twice parsed through all of this evidence and determined that it was insufficient to establish Davis's innocence. In addition, the Georgia State Board of Pardons and Paroles held a hearing,questioning every witness Davis's attorneys presented to support their allegation that there was doubt as to Davis's guilt; studied the voluminous trial transcript, the police investigation report and the initial statements of all the witnesses; had certain physical evidence retested and Davis interviewed; and ultimately concluded that clemency was not warranted.
Our review of the record is wholly consonant with the repeated conclusions of the state courts and the Board of Pardons and Paroles.