What conservatives[?] think

Edward Hartnett ehartnet at LAW.UPENN.EDU
Fri Dec 15 12:21:55 PST 2000


As someone who would eagerly support candidates pledged to repeal
capital punishment statutes and enshrine that repeal in both state and
federal constitutions, I nevertheless think it appropriate to ask the
following rhetorical question:

Which Supreme Court Justice, writing for the Court in a death penalty
case, stated that "the existence merely of newly discovered evidence
relevant to the guilt of a state prisoner is not a ground for relief on
habeas corpus"?

The answer:
Chief Justice Earl Warren, in Townsend v. Sain, 372 US 293, 317 (1963)
-- a case that along with Fay v. Noia marks the high water of federal
habeas corpus.

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