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Kafka meets AEDPA meets the Fifth Circuit

By cdw

The Fifth Circuit in In re Bruce Webster held today that even if a person could prove they were categorically barred from receiving a death sentence the AEDPA nonetheless permits their execution. From the concurrence: I concur in the majority opinion, as I believe that it is a correct interpretation of 28 U.S.C. § 2255(h), but I write separately to emphasize the absurdity of its Kafkaesque result: Because Webster seeks to demonstrate only that he is constitutionally ineligible for the death penalty ? and not that he is factually innocent of the crime ? we must sanction his execution. If the evidence that Webster attempts to introduce here were ever presented to a judge or jury for consideration on the merits, it is virtually guaranteed that he would be found to be mentally retarded...continue to full post

Full post as published by Capital Defense Weekly on April 28, 2010 (boomark / email).