In 2009, the Supreme Court of the United States ordered the U.S. District Court for the Southern District of Georgia to consider whether new evidence "that could not have been obtained at the time of trial clearly establishes [Davis's] innocence." The evidentiary hearing was held in June 2010. The defense presented affidavits from seven of the nine trial witnesses whose original testimony had identified Davis as the murderer, but who it contended had changed or recanted their previous testimony. Some of these writings disavowed parts of prior testimony, or implicated Sylvester "Redd" Coles, who Davis contended was the actual triggerman. The state presented witnesses, including the police investigators and original prosecutors, who described a careful investigation of the crime, without any coercion. Davis did not call some of the witnesses who had supposedly recanted, despite their presence in the courthouse; accordingly their affidavits were given little weight by the judge. Evidence that Coles had confessed to the killing was excluded as hearsay because Coles was not subpoenaed by the defense to rebut it.
In an August 2010 decision, the conviction was upheld.The court described defense efforts to upset the conviction as "largely smoke and mirrors"[3] and found that several of the proffered affidavits were not recantations at all. Subsequent appeals, including to the Supreme Court, were rejected, and a fourth execution date was set for September 21, 2011.Nearly one million people signed petitions urging the Georgia Board of Pardons and Paroles to grant clemency.[4] The Board denied clemency[5] and, on September 21, it refused to reconsider its decision.[6] After a last minute appeal to the United States Supreme Court was denied, the sentence was carried out through lethal injection on September 21, 2011.[7]