Thursday, December 11, 2008

11th Circuit Court of Appeals Heard Arguments on the 9th

Terry was in Atlanta on Tuesday for the oral arguments from both sides. Evidently the judges had thoroughly reviewed the case because their questions were very in depth. It was very animated on both sides of the courtroom.

This appellate process is all about procedure and whether it was followed during the trial, so all the questioning centered around that issue. A big concern of the court is whether an innocent person or possibly innocent person could be put to death because procedure was followed explicitly and no other avenues of recourse are available for that individual. Another thing the court has to consider is that they are a gatekeeper , in a sense, for the courts to avoid a flood of unnecessary appeals. They realize that there are exceptions in some cases but if they allow Troy's case through, it might open a floodgate that they are not ready to address.

So on many levels, the stakes are high and the court fully acknowledges this. They have a decision to make as to whether they will take the lead on this, or pass it on to the U.S. Supreme Court. Only time will tell.

Terry was able to film the long line of supporters outside the building; of course, no cameras were allowed in the courtroom. Both families, Davises & McPhails, were represented at the hearing and both gave statements to the press afterward.

Filming continues in Savannah, GA, so keep posted for more upcoming news.

No comments: