Equitable Exception To Aedpa For Actual Innocence

On behalf of The Marks Law Firm, L.L.C. posted in Criminal Law on Thursday, May 30, 2013

We have seen over the last two decades, in part thanks to the incredible efforts of the Innocence Project, that many individuals on death row awaiting execution are actually innocent of the crime for which they were convicted. A growing number of states, in light of the risk of executing an innocent individual, have declared a moratorium on the death penalty. In spite of these steps to guard against an injustice no one could undo, many others continue to push for streamlining the review of capital cases by limiting successive appeals in state and federal court. One of the most significant barriers to full review …