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Wednesday, January 11, 2006

SCOTUS Oral Argument with Serious Implications for Innocent Inmates

From On the Docket at Northwestern University

House, Paul Gregory v. Bell, Ricky (warden)

Docket: 04-8990
Term: 05-06
Appealed From: 6th Circuit Court of Appeals (Oct. 6, 2004)
Oral Argument: 01-11-06

Opinion Issued:

Subject: Capital case, habeas corpus, innocence

Questions presented: (1) Did the majority below err in applying the Supreme Court's decision in Schlup v. Delo to hold that petitioner's compelling new evidence, though presenting at the very least a colorable claim of actual innocence, was as a matter of law insufficient to excuse his failure to present that evidence before the state courts - merely because he had failed to negate each and every item of circumstantial evidence that had been offered against him at the original trial? (2) What constitutes a "truly persuasive showing of actual innocence" pursuant to Herrera v. Collins sufficient to warrant freestanding habeas relief?

More here.  [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2006/01/scotus_oral_arg.html

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