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Criminal Law
: StandDown Texas ProjectConstitutional Question
By Steve Hall
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That's the title of an OpEd in today's Washington Times by Bob Barr, the former Georgia congressman. LINK
Strange as it might seem, the Supreme Court of the United States has
never directly and explicitly held that it is unconstitutional for a
state to execute a person about whom substantial evidence of innocence
has been presented.
However, in a rare exercise of the high court's power to
directly order a lower federal court to consider evidence of actual
innocence concerning a man already found sentenced to death, at least
three justices have declared a willingness to hold that "actual
innocence" is constitutionally based.
The historic ruling came in the case of Anthony Troy Davis, who
was convicted 20 years ago of the late-night shooting death of
Savannah, Ga...continue to full postFull post as published by StandDown Texas Project on September 03, 2009 (boomark / email).
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