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Ninth Circuit Holds that Imprisoning Innocent Man is Constitutional

Sickening stuff from a "judicial conservative": We must decide whether to recognize a judge-made exception to the statute of limitations for federal habeas relief in the case of a state prisoner who makes a showing of actual innocence in his original petition.Lee v. Lampert (CA9) (here).  Everyone - include Judge O'Scannlain - seems to agree on two things: 1) An innocent man was convicted. 2) His statutory deadline for seeking relief under a constitutional provision - the Writ of Habeas Corpus - has expired.  What to do?If you know anything about Judge O'Scannlain and other "judicial conservatives," then you know the answer:We have previously refrained from deciding whether there is an actual innocence exception that serves as a gateway through the AEDPA statute of limitations to the merits of a petitioner?s claims...continue to full post

Full post as published by Crime & Federalism on July 06, 2010 (boomark / email).