House V. Bell - Opinion of The Court

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 the, opinion of, opinion and/or court:

    “Government is being founded on opinion, the opinion of the public, even when it is wrong, ought to be respected to a certain degree.”
    —Thomas Jefferson (1743–1826)

    “The disabusing a man strongly possessed with an opinion of his own worth is the very same ill office that was done to the fool at Athens, who fancied all the ships that came into the harbor were his own.”
    —François, Duc De La Rochefoucauld (1613–1680)

    “Every day confirms my opinion on the superiority of a vicious life—and if Virtue is not its own reward I don’t know any other stipend annexed to it.”
    —George Gordon Noel Byron (1788–1824)

    “In the court of the movie Owner, none criticized, none doubted. And none dared speak of art. In the Owner’s mind art was a synonym for bankruptcy.... The movie Owners are the only troupe in the history of entertainment that has never been seduced by the adventure of the entertainment world.”
    —Ben Hecht (1893–1964)