Just in from the Atlanta Journal-Constitution:
Superior Court Judge Thomas Wilson this afternoon declined to issue a stay of execution and rejected Davis’ last-ditch bid to halt his execution. Davis’ lawyers will now appeal to the Georgia Supreme Court and, if necessary, the U.S. Supreme Court.
The Atlanta paper runs the list of who could stop the execution, scheduled for 7:00pm Eastern. At this point, it’s notably a list of who cannot stop it – including President Obama and Georgia Governor Nathan Deal.
UPDATE (5:42pm): The AP reports that the Georgia Supreme Court has also refused to stop the execution.
UPDATE (6:17pm): With his execution less than one hour away, Mr. Davis lawyers have appealed to the U.S. Supreme Court for a stay, per the AP. As promised, Mr. Davis did not eat the last meal offered to him. From Pete Williams of NBC News, regarding Mr. Davis’ last chance:
(Mr. Davis’ attorneys) say in their last-minute filing that “substantial constitutional errors” were made when the lower courts denied his claims that “newly available evidence reveals that false, misleading and materially inaccurate information was presented at his capital trial in 1989, rendering the convictions and death sentence fundamentally unreliable.”…
While the court isn’t saying so, it’s quite likely that the justices were made aware that this might be coming. But while the lawyers have asked for a stay to give the court time to consider Davis’s appeal, they haven’t actually filed the appeal yet, though they say they will do so “shortly.”
UPDATE (6:47pm): Pete Williams reports that the State of Georgia is urging the Supreme Court not to stop the execution of Troy Davis. (It seems that the complaint is that Mr. Davis didn’t do it fast enough:
The state attorney general says the execution date “was set 15 days ago on September 6, 2011.” He waited until this morning to go back to state court, they say, adding, “He now comes to this Court one hour before his scheduled execution asking this Court to enter an open-ended stay to allow him to potentially file” a formal appeal.
But, says Attorney General Samuel Olens, there’s no reason now to stop the execution.