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"[The Unites States Supreme] Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is

• macintux 3y ago
  Thanks, that was the quote that I was too frustrated to search for.
• spencerchubb 3y ago
  But some people argue that the trial was not fair. Evidence was withheld and his attorneys were intimidated to resign.
• SamReidHughes 3y ago
  That's also how it works if the County Golf Commissioner finds that he is 'actually' innocent. Because that's not their job.
  • public_defender 3y ago
    You have this wrong. A "habeas court" is a court considering whether a person is being detained illegally. This is a mechanism for obtaining a collateral review of evidence in a criminal case (commonly used in death cases), since a person can't be legally detained or executed if they didn't commit a crime. In the Scalia quotation, he was using his lawful-evil dissent persona to cast aspersions on a very common review mechanism. This was his much regarded "style," but it doesn't really help people understand the state of play in this situation. You fall into the trap. Unlike the golf commissioner (if they even regulate golf in OK counties), the habeas court is actually sitting in the center of its constitutive authority when making decisions on actual innocence in capital habeas.