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Court Refuses Davis Case; 'Too Fat' Cooey Executed

Decision opens path to controversial Georgia execution

By Matt Cantor,  Newser Staff

Posted Oct 14, 2008 11:12 AM CDT

(Newser) – The Supreme Court refused today to decide whether executing an individual backed by a strong claim to innocence violates the Constitution’s ban on cruel and unusual punishment, the Atlanta Journal-Constitution reports. The rejection paves the way for the execution of Troy Anthony Davis, accused of murdering a Georgia policeman. The court stayed Davis’ execution 2 weeks ago after seven of nine witnesses against him recanted their testimonies; three others said one of the witnesses admitted to the murder.

Also today, Ohio inmate Richard Cooey was executed for the murder of two college students. His lawyers had said his “morbidly obese” state made capital punishment inhumane, the Cleveland Plain Dealer reports; the court denied his final appeal this morning without comment.

Troy Davis. The Supreme Court cleared the way Tuesday, Oct. 14, 2008, for Davis to be put to death for killing a police officer, two weeks after it halted his execution to consider his appeal.
Troy Davis. The Supreme Court cleared the way Tuesday, Oct. 14, 2008, for Davis to be put to death for killing a police officer, two weeks after it halted his execution to consider his appeal.   (AP Photo/Georgia Department of Corrections, File)
Demonstrators are watched by police after being stopped from entering the Board of Paroles at the state capitol to protest the scheduled execution of Troy Davis, Tuesday Sept. 23, 2008, in Atlanta.
Demonstrators are watched by police after being stopped from entering the Board of Paroles at the state capitol to protest the scheduled execution of Troy Davis, Tuesday Sept. 23, 2008, in Atlanta.   (AP Photo/John Amis)
Ohio inmate Richard Cooey, who has unsuccessfully argued that his obesity prevents humane lethal injection, was executed this morning after the Supreme Court refused to hear his case.
Ohio inmate Richard Cooey, who has unsuccessfully argued that his obesity prevents humane lethal injection, was executed this morning after the Supreme Court refused to hear his case.   (AP Photo/Department of Rehabilitation and Correction)
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