The court refused to decide the question of whether the death penalty would be barred for a person who argued a strong claim of innocence when it turned aside the appeal of death row inmate Troy Anthony Davis, Scotusblog.com reported.
The order clears the way for the state to set a new execution date. In September, the nation's high court issued a stay of execution.
Davis, 39, was convicted for the 1989 slaying of Savannah, Ga., Police Officer Mark Allen MacPhail. Since his 1991 trial, seven key prosecution witnesses have recanted their testimony. During the appeals process, courts have ruled there wasn't enough new evidence to say Davis had received an unfair trial.
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