Court Refuses Davis Case; 'Too Fat' Cooey Executed

Decision opens path to controversial Georgia execution
By Matt Cantor,  Newser User
Posted Oct 14, 2008 11:12 AM CDT
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)
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(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.