On April 16, 2009, the panel denied Davis's application by a 2–1 majority. Judges Dubina and Marcus rejected the petition, stating that Davis's claims having been reviewed and rejected in the past, and that the recantations were not persuasive. Judge Rosemary Barkett, in dissent, expressed her belief that as Davis might prove his innocence, it would be wrong to execute him. In an interview, Mark MacPhail Jr. said of his father, "He gave his life for the community and now I'm trying to help out his name and help him in some way." Of the appeals process, he says, "The past two years we've had countless appeals and it just keeps on getting drug out." Of Davis, MacPhail said, "He decided to break the law. And our law says, you kill an officer of the law, who tries to uphold it, you must be punished." The 11th Circuit issued an order extending the stay of execution for 30 days to allow Davis the opportunity to file a habeas corpus petition with the U.S. Supreme Court. Davis filed a petition for habeas corpus with the U.S. Supreme Court on May 19, 2009.