|
|
Article: Habeas corpus - limited review for actual innocence. (Supreme Court Review) (Case Note)
- Article from:
- Journal of Criminal Law and Criminology
- Article date:
- January 1, 1994
- Author:
CopyrightCOPYRIGHT 1994 Northwestern University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
I. INTRODUCTION
In Herrera v. Collins,(1) the United States Supreme Court held that absent an accompanying constitutional violation, a claim of actual innocence by a death penalty petitioner is not grounds for federal habeas corpus relief. Although Chief Justice Rehnquist, writing for the majority, refused to authorize review of Herrera's claim, he disposed of the case by assuming, arguendo, that the Constitution would prohibit the execution of a petitioner who made a truly persuasive showing of actual innocence. The Court offered neither a constitutional rationale for its hypothetical treatment nor a standard by which evidence of actual innocence would be ...