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View Diary: I am not convinced of Troy Davis' innocence (182 comments)

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  •  which case? (0+ / 0-)

    curious to see....

    or any links?

    •  Troy Davis' case--here's Scalia's quote (0+ / 0-)
      “This court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged ‘actual innocence’ is constitutionally cognizable.”
      (My emphasis)

      http://www.thedailybeast.com/...
      http://www.talkleft.com/...
      http://www.talkleft.com/...

      •  blimey. (1+ / 0-)
        Recommended by:
        marina

        but isn't that a dissent?

        sounds like he's suggesting that a 'full and fair trial' is perfectly acceptable if it send someone to death, but a 'full and fair trial' is impossible if it represents a retrial that could get someone off of death row.

        seems insane...but then Scalia's crazy.

        •  That's the argument Justice Blackmun (1+ / 0-)
          Recommended by:
          marina

          made in Herrera v. Collins, which did explicitly hold as Scalia is suggesting.  He noted the majority's concern with whether a retrial would be fair was absurd, because the question was whether the initial trial was fair enough to justify imposing the death penalty.

          "This world demands the qualities of youth: not a time of life but a state of mind[.]" -- Robert F. Kennedy

          by Loge on Thu Sep 22, 2011 at 10:58:58 AM PDT

          [ Parent ]

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