| Viewing Single Post From: TROY DAVIS TO DIE, BY ONE VOTE | |
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| Sydney Carton | Aug 19 2009, 04:14 PM |
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Scalia's dissenton the Davis case. is a real shocker.It sadly comes from a mind which I otherwise have frequently admired: “This court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged ‘actual innocence’ is constitutionally cognizable.” Allen Dershowitz(who behaved pretty badly himself at the first John Denjanjuk trial)comments: ...... these words appeared in a dissenting opinion issued by Justices Antonin Scalia and Clarence Thomas on Monday. Let us be clear precisely what this means. If a defendant were convicted, after a constitutionally unflawed trial, of murdering his wife, and then came to the Supreme Court with his very much alive wife at his side, and sought a new trial based on newly discovered evidence (namely that his wife was alive), these two justices would tell him, in effect: “Look, your wife may be alive as a matter of fact, but as a matter of constitutional law, she’s dead, and as for you, Mr. Innocent Defendant, you’re dead, too, since there is no constitutional right not to be executed merely because you’re innocent.” daily beast.com August 18. Durham in Wonderland likewise picked this up. Edited by Sydney Carton, Aug 19 2009, 04:27 PM.
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| TROY DAVIS TO DIE, BY ONE VOTE · DUKE LACROSSE - Liestoppers | |
5:52 PM Dec 2
