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- Title
IN LIMBO: IN RE DAVIS AND THE FUTURE OF HERRERA INNOCENCE CLAIMS IN FEDERAL HABEAS PROCEEDINGS.
- Authors
Callahan, Kathleen
- Abstract
Since its 1993 decision Herrera v. Collins, the US. Supreme Court has explicitly left open the question of whether freestanding claims of innocence may serve as a basis for relief in federal capital habeas proceedings. A recent memorandum opinion, In re Davis, indicates the Court may be preparing to answer that question in the affirmative. Recognizing the viability of Herrera claims, however, raises a variety of practical concerns. This Note proposes a system for reviewing freestanding innocence claims that balances these practical considerations with society's growing concern for the plight of the wrongfully convicted
- Subjects
UNITED States; PRESUMPTION of innocence; HABEAS corpus; UNITED States appellate courts; UNITED States. Constitution. 8th Amendment
- Publication
Arizona Law Review, 2011, Vol 53, Issue 2, p629
- ISSN
0004-153X
- Publication type
Article