Actual Innocence: UPDATED

It ain't over till it's over as they say.

The Eleventh Circuit Court of Appeals has stayed the execution of Troy Davis based on his affirmative defense of "actual innocence." Leaving out a lot of procedural details and steps, Davis now has the burden of proof to show that he is innocent beyond a reasonable doubt, not based on just the evidence that was presented at trial. Even with the use of additional evidence such as witness recantations, that isn't an easy thing to do.

Some details on the process from AJC.com:

"Davis must clear two difficult legal hurdles to win a new round of appeals.

First, he must show that his lawyers could not have previously found the new evidence supporting his innocence no matter how diligently they looked for it. And he must show that the new testimony, viewed in light of all the evidence, is enough to prove “by clear and convincing evidence that…no reasonable fact finder would have found [him] guilty.”

The 11th Circuit added a twist. It asked the parties to address whether Davis can still be executed if he can establish innocence under the second standard but cannot satisfy his burden under the first, due-diligence question."