Opinion of The Court
Generally, claims that have defaulted under state law may not be granted federal habeas corpus review unless the petitioner provides a sufficient explanation for the default and demonstrates that the asserted error prejudiced his or her trial (that is, the error caused a different outcome). This standard, based on the principle of respect for state court judgments, is normally a difficult one for convicted defendants to meet.
The United States Supreme Court recognized a "miscarriage of justice" exception to the above rule for "extraordinary cases" in a 1995 decision, Schlup v. Delo, 513 U.S. 298. That decision held that prisoners asserting innocence as a gateway to federal review of defaulted claims must establish that, in light of new evidence, "it is more likely than not that no reasonable juror would have found petitioner guilty beyond a reasonable doubt."
In House v. Bell, the Supreme Court found that House’s arguments based on new DNA and other evidence were sufficient to meet the Schlup standard.
Read more about this topic: House V. Bell
Famous quotes containing the words opinion of, opinion and/or court:
“What we seek is the reign of law, based upon the consent of the governed and sustained by the organized opinion of mankind.”
—Woodrow Wilson (1856–1924)
“You’ve no idea what a poor opinion I have of myself—and how little I deserve it.”
—Sir William Schwenck Gilbert (1836–1911)
“We went on, feeding the hungry, giving drink to the thirsty, clothing the soldier, binding up his wounds, harboring the stranger, visiting the sick, ministering to the prisoner, and burying the dead, until that blessed day at Appomattox Court House relieved the strain.”
—M. E. W. Sherwood (1826–1903)