When the U.S. Supreme Court last month refused to hear the case of Troy Anthony Davis, whose claims of innocence had delayed the lethal injection he was to undergo for killing a Savannah police officer, the efforts of his lawyers and activists supporting him were pronounced a failure.

But three days before Davis’ execution, a panel of the 11th U.S. Circuit Court of Appeals ordered a stay-a “drastic measure” under the circumstances, the judges said. While the judges could have made a final decision based on the written briefs filed since the Oct. 24 stay, on Wednesday the panel ordered Davis’ lawyers and those for the state to present oral argument Dec. 9.

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