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Troy Davis now waits for US Supreme Court decision

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By Don Logana - bio | email

SAVANNAH, GA (WTOC) - He gave his last recorded statement and was prepared to die. But the US Supreme Court gave convicted killer Troy Davis a last minute stay of execution. See Stay of execution granted for Troy Davis.

So the question tonight, what happens next?

This latest twist the in the Troy Davis case creates a few possibilities.

Monday, the US Supreme Court will review his request for an appeal. If they accept it, it's a whole new ball game. If they deny it, the next execution date may be his last one.

"God. He stepped on up and showed up," Davis' family said Tuesday night.

Troy Davis' family thanked a higher power but now, the power lies with the nine US Supreme Court justices.

"I am very thankful he has been granted a stay and I am hoping that the US Supreme Court will accept his case because they gave him a one week stay so they could review his case," Martina Correia, Davis' sister, told WTOC. "I am praying they took the time to look at the information for what it was and they take the time to examine it a lot more."

"The Supreme Court denied him in '07 and we know there is nothing new in the case," Annelie MacPhail, Mark MacPhail's sister, told WTOC. "It will be heard one more time and we feel justice will be served."

The family of Mark MacPhail, the Savannah police officer Troy Davis was convicted of killing in 1989, believe the right man is waiting on death row.

But the US Supreme Court will now review Troy Davis' case one more time next Monday.

Four of the nine justices must accept the request for an appeal for a new trial or court hearing to present new evidence, which was denied by the Georgia Supreme Court. If they don't, the stay is no longer in effect and Davis, depending on when the Supreme Court comes to a decision, could be put to death next Tuesday.

Davis' family and supporters are hoping the highest court in the country sees what they see.

"That's all we asked for and that's what we got today," Reverend Al Sharpton told WTOC. "They will look at it and hopefully they will see what I see and that is you can't take a man's life if he is he convicted on testimonies which have been mostly recanted."

"The fight is not over. We still have to get the Supreme Court to hear the case and the arguments," Correia said. "I know if they were to take this case, one day my brother will be vindicated and walk free."

According to the Georgia Supreme Court, Troy Davis' window for execution runs until noon next Tuesday.  If the US Supreme Court denies his request for an appeal for a new trial or hearing,  the State Corrections Department must then decide if they can logistically carry out an execution by noon Tuesday.

If they can't, the Attorney General's office must seek a new execution order with a date set sometime in October.

Of course, if the US Supreme Court accepts the appeal, hearing dates would be scheduled for early next year and the stay of execution would remain in effect.