Re:What It’s Like to Almost Get Executed
by rayiner on Saturday April 02, 2016 @06:20PM
(#11413792)
"Innocence" is an unknowable state of fact. Insufficiency of evidence to prove guilt is a basis for direct appeal. And new evidence showing actual innocence is a basis for federal habeas review after appeal. See McQuiggin v. Perkins. http://www.slate.com/articles/news_and_politics/jurisprudenc...
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Clarification: McQuiggin continues to leave open the question of whether "actual innocence" can be the basis for habeas review standing alone. In practice, there is something else that can be alleged to "bootstrap" the "actual innocence" claim.