Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

UtahJosh

(131 posts)
Sun Feb 14, 2016, 08:16 AM Feb 2016

Scalia on Innocence

"Claims of actual innocence based on newly discovered evidence have never been held to state a ground for federal habeas relief absent an independent constitutional violation occurring in the underlying state criminal proceeding. "
4 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
 

djean111

(14,255 posts)
1. So, he felt that someone wrongly convicted is not entitled to a new trial or consideration,
Sun Feb 14, 2016, 08:23 AM
Feb 2016

if the conviction did not violate any rules. Even with exonerating evidence.
Asshole.

Recursion

(56,582 posts)
3. Not entitled to a Federal claim for a new trial or consideration
Sun Feb 14, 2016, 08:29 AM
Feb 2016

Every lawyer I know says that that was one of those cases where he was the most infuriatingly correct.

Latest Discussions»General Discussion»Scalia on Innocence