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A three-judge panel of the 11th Circuit Court of Appeals granted a stay of execution for Davis in October and agreed to hear his petition for a new trial. The panel voted 2-1 to deny Davis' application.
Davis, 40, was convicted in 1991 of murdering of an off-duty Savannah police officer two years earlier.
Davis has always maintained his innocence in the killing, and since his conviction, seven of the nine witnesses against him have recanted their testimony. Additionally, another man has allegedly admitted to killing the police officer, Mark MacPhail.
Witnesses in the 1991 trial claimed Davis and two others were harassing a homeless man in Burger