High court's swing votes spare death row inmate

Article Abstract:

The US Supreme Court has ruled in Schlup v. Delo that a convicted murderer claiming innocence could gain review of his case without meeting the clear and convincing evidence standard. The court felt that a less strict standard sufficed because actual innocence claims are made so infrequently and thus pose a lesser threat to court resources and finality. Although the ruling shows the influence of the court's moderate center, the court's basic position on habeas corpus remains unchanged.

Post-conviction remedies

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Capital appeal becomes a court tug of war

Article Abstract:

Texas may execute a man whose appeal has been granted certiorari by the Supreme Court. Leonel Herrera was scheduled to be executed Feb 19, 1992 but claimed to have evidence which proved his innocence. While the Court denied his eleventh-hour request for a stay of execution, it did agree to consider whether the execution of an innocent person violates the Eighth and 14th Amendments. However, Texas officials are skeptical about Herrera's lawyers' claims of new, exonerating evidence.

Social policy, Texas

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The 33-hour habeas appeal

Article Abstract:

Streamlining of federal review in death penalty cases may have gone too far in the case of David Michael Clark, convicted of murder in Texas, according to capital punishment experts. The appeal went from the trial court to the Texas Court of Criminal Appeals, federal district court, the 5th Circuit Court of Appeals and the Supreme Court in 33 hours. Proposed reforms of the habeas process would grand automatic stays of execution to allow time for adequate review.

Analysis, Stays of execution, proceedings, etc., Stays (Law), Clark, David Michael

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