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Supreme Court denies Georgia inmate's death row appeal

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  • NEW: "What do I have to do to prove myself?" was Davis' reaction, his sister says
  • Court ruling clears way for new date to be set for Troy Davis to be executed
  • Supreme Court had issued stay hours before inmate's scheduled execution
  • Davis' attorneys allege mistaken identity, say witnesses have recanted
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From Bill Mears
CNN Supreme Court Producer
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WASHINGTON (CNN) -- The Supreme Court on Tuesday rejected an appeal from a Georgia death row inmate who has gained international support for his claims of innocence in the murder of a Savannah police officer in 1989.

The U.S. Supreme Court on Tuesday refused to intervene in the appeal of Troy Davis, 39.

The high court issued a brief order Tuesday refusing to intervene in the latest appeal from Troy Davis.

The justices had issued a stay of execution two hours before Davis was to be put to death last month. The court's latest action clears the way for corrections officials to set a new date to execute him, perhaps in the next few weeks.

Davis' attorney, Jay Ewart, said there will be an appeal, though the legal team hasn't decided whether to petition a state or federal court.

"It does get tough from here on out," Ewart said.

Davis' sister, Martina Correia, told CNN she is "disgusted" by the decision.

"It doesn't make any sense," she said. "We are praying for a miracle or some kind of intervention. We will regroup and fight. We will never stop fighting. We just can't be discouraged. The fight is not over till it's over." Video Watch CNN's Rusty Dornin report on the case »

Correia said when Davis called her Tuesday morning, she told him of the court's decision and he said, "What's wrong with these people? What do I have to do to prove myself?"

Davis has always maintained his innocence in the killing of Officer Mark MacPhail. Witnesses claimed Davis, then 19, and two others were harassing a homeless man in a Burger King parking lot when the off-duty officer arrived to help the man. Witnesses testified at trial that Davis then shot MacPhail twice and fled.

Since Davis' 1991 conviction, seven of the nine witnesses against him have recanted their testimony. No physical evidence was presented linking Davis to the killing of the police officer.

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The Georgia Pardons and Parole Board held closed-door hearings and reinterviewed the witnesses and Davis himself. The panel decided against clemency.

MacPhail's mother, Annaliese MacPhail, told CNN she had not yet been officially notified of the court's decision, but "this is what we were hoping for, and I hope pretty soon that we will have some peace and start our life, especially my grandchildren -- my grandson and granddaughter. It has overshadowed their lives.

"Right now, I'm kind of numb because I've been so edgy and keyed up about the whole thing," she said. "And I haven't had a chance to react."

The human rights group Amnesty International USA, however, condemned the court's decision.

"The Supreme Court's decision is truly shocking, given that significant evidence of Davis' innocence will never have a chance to be examined," said Larry Cox, the organization's executive director. "It is disgraceful that the highest court in the land could sink so low when doubts surrounding Davis' guilt are so high."

Ewart said he expects Savannah prosecutors to request very quickly that another death warrant be signed by a judge.

The victim's sister, Annalie Reaves, said last month -- just before Davis was given a last-minute reprieve -- that she was "very angry. It's been a long time and it's not going fast as I read. It's been 19 years and that's a long time and we're ready for justice to be done."

Davis told CNN by phone from death row last month he only found out about the stay of execution from watching TV in his cell.

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Prominent figures ranging from the pope to the musical group Indigo Girls have asked Georgia to grant Davis a new trial. Other supporters include celebrities Susan Sarandon and Harry Belafonte; world leaders such as former President Jimmy Carter and former Archbishop Desmond Tutu; and former and current U.S. lawmakers Bob Barr, Carol Moseley Braun and John Lewis.

"If the only evidence that convicted him was not physical evidence -- it was the evidence of witnesses. Seven of the nine recanted. How can you say that's enough to take a life?" asked Rev. Al Sharpton, another Davis supporter.

CNN's Rusty Dornin and Tristan Smith contributed to this report.

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