Prof. Timothy O'Neill Says State Court Performs Better than Federal System on Innocence Claims

Posted January 15, 2013 by

Jan. 11 - Chicago Daily Law Bulletin

Non-lawyers may well be surprised by this legally accurate observation made by Justice Antonin G. Scalia about the work of the U.S. Supreme Court in regards to federal habeas corpus review of state court convictions: "This court has never held that the Constitution forbids the execution of a convicted defendant who had a full and fair trial but is later able to convince a habeas court that he is 'actually' innocent." In re Davis, 557 U.S. __ (2009)(Scalia, J., dissenting).

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