Davis v. Humphrey

Linked with:

• Davis v. Humphrey

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?

Briefs and Documents

Certiorari-stage documents

• Jurisdictional statement and petition for writ of habeas corpus
• Opinion below (U.S. District Court for the Southern District of Georgia)
• Brief in opposition
• Amicus brief of the Innocence Project
• Reply brief