So what happens now for the convicted cop killer? Another round of appeals, of course.
In August 2010, U.S. District Court Judge William T. Moore Jr. ruled that the new evidence Davis presented was not convincing enough to overturn his conviction. Attorneys for Davis appealed the ruling to the 11 Circuit Court of Appeals.
Still Claiming Innocence
The appeals claimed Judge Moore displayed a "clear hostility" toward Davis during the two-day hearing and that the Judge should have allowed other witnesses to testify.
The defense is still trying to argue innocence in its appeals. "The evidence, new and old, establishes that Mr. Davis is innocent by any reasonable standard," Davis' attorneys wrote.
The appeals court refused to hear the appeal, ruling that Davis must appeal directly to the U.S. Supreme Court because that court ordered the unusual hearing on his claim of innocence.
Appealed to the Supreme Court
Davis's defense team has now appealed to the Supreme Court, asking the court to return the case to the appeals court. They also challenged Moore's opinion in the appeal to the Supreme Court.
If the Supreme Court refuses to hear Davis' appeal, the state of Georgia can then reschedule an execution date.
Officer MacPhail was working as an off-duty bus station security guard on Aug. 19, 1989 when he went to the aid of a homeless man being pistol-whipped in a Burger King parking lot next door. At the trial, nine witnesses said Davis beat the homeless man and then shot MacPhail in the face and chest when he came to help.
Photo: Mug Shot