4 ms·
Article should be down-modded for misinformation. Here's Scalia's argument in plain language: Federal courts don't get override legal state convictions. Even if
by thras 17y ago
Article should be down-modded for misinformation. Here's Scalia's argument in plain language: Federal courts don't get override legal state convictions. Even if the prisoner files a writ of habeas corpus to a federal court, that court simply doesn't have the power under federal law to override the state conviction.
Scalia doesn't think that "actual innocence" (a legal term, not an English term, look it up) is any sound basis for granting federal courts that power. And once the door is opened to override the states on that ground, they'll basically be able to override it for anything.
If a state makes a mistake, the place to correct that is through state appeals and state supreme courts. The federal courts only come into it through Congressional legislation or unconstitutionality.
PDF of the dissent here: http://supremecourtus.gov/opinions/08pdf/08-1443Scalia.pdf http://supremecourtus.gov/opinions/08pdf/08-1443Scalia.pdf