Capital Punishment: Cruel and Unusual? (Information Plus by Kim Masters Evans PDF

By Kim Masters Evans

ISBN-10: 1414407475

ISBN-13: 9781414407470

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This rule is grounded in the principle that [appeals] courts sit to ensure that individuals are not imprisoned in violation of the Constitution—not to correct errors of fact. Rehnquist continued that states all allow the introduction of new evidence. Texas was one of seventeen states that require a new trial motion based on new evidence within sixty days. Herrera’s appeal came ten years later. The chief justice, however, emphasized that Herrera still had options, saying, ‘‘For under Texas law, petitioner may file a request for executive clemency .

Whitley. The ruling was eventually upheld on appeal. In House v. Bell (No. S. Supreme Court ruled 5–3 that House’s habeas petition should proceed, because the new evidence constituted a ‘‘stringent showing’’ under Schlup v. Delo. The Court concluded: This is not a case of conclusive exoneration. Some aspects of the State’s evidence—Lora Muncey’s memory of a deep voice, House’s bizarre evening walk, his lie to law enforcement, his appearance near the body, and the blood on his pants—still support an inference of guilt.

Moreover, a certain juror might have had possible bias, which the prosecution failed to disclose. Before the hearing could be held, the state concluded that the AEDPA prohibited such a hearing. Consequently, the federal district court dismissed Williams’s petition. S. Court of Appeals for the Fourth Circuit, the court, interpreting the AEDPA, concluded that the defendant had failed to develop the facts of his claims. On April 18, 2000, in Williams v. S. S. Supreme Court did not address Williams’s claim of the undisclosed plea agreement between Cruse and the state.

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Capital Punishment: Cruel and Unusual? (Information Plus Reference Series) by Kim Masters Evans

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