Lord Have Mercy!

This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is “actually” innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged “actual innocence” is constitutionally cognizable.

ABA Report Calls For GEORGIA DEATH PENALTY MORATORIUM

A new report by the American Bar Association Death Penalty Moratorium Implementation Project found that Georgia's death penalty fails to meet 43 ABA standards for improving the fairness and accuracy of the death penalty. The assessment team assembled in Georgia by the ABA was so troubled by its findings that it called for a moratorium on not only executions but also the prosecution of death penalty cases.

The 21-member assessment team urged the state to study a variety of problems and made a series of recommendations to address these issues. Among the team's most significant recommendations were the following:

INADEQUATE FUNDING FOR DEFENSE COUNSEL

Georgia should ensure that all defendants receive competent counsel and provide the necessary funding for the full cost of high quality legal representation by the defense team and access to selected experts.

LACK OF DEFENSE COUNSEL FOR STATE HABEAS

Georgia does not appoint counsel for state habeas proceedings, and Georgia is one of only two states to not provide indigent capital defendants with attorneys at this stage. To help ensure that all capital defendants receive adequate representation, Georgia should provide them with at least two attorneys in state habeas proceedings.

Lord Have Mercy!

on scalia's definition of justice

This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial
but is later able to convince a habeas court that he is “actually” innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged “actual innocence” is constitutionally cognizable.

ABA Report Calls For GEORGIA DEATH PENALTY MORATORIUM

A new report by the American Bar Association Death Penalty Moratorium Implementation Project found that Georgia's death penalty fails to meet 43 ABA standards for improving the fairness and accuracy of the death penalty. The assessment team assembled in Georgia by the ABA was so troubled by its findings that it called for a moratorium on not only executions but also the prosecution of death penalty cases.

The 21-member assessment team urged the state to study a variety of problems and made a series of recommendations to address these issues. Among the team's most significant recommendations were the following:

INADEQUATE FUNDING FOR DEFENSE COUNSEL

Georgia should ensure that all defendants receive competent counsel and provide the necessary funding for the full cost of high quality legal representation by the defense team and access to selected experts.

LACK OF DEFENSE COUNSEL FOR STATE HABEAS

Georgia does not appoint counsel for state habeas proceedings, and Georgia is one of only two states to not provide indigent capital defendants with attorneys at this stage. To help ensure that all capital defendants receive adequate representation, Georgia should provide them with at least two attorneys in state habeas proceedings.

This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is “actually” innocent.   Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged “actual innocence” is constitutionally cognizable.

ABA Report Calls For GEORGIA DEATH PENALTY MORATORIUM

A new report by the American Bar Association Death Penalty Moratorium Implementation Project found that Georgia's death penalty fails to meet 43 ABA standards for improving the fairness and accuracy of the death penalty. The assessment team assembled in Georgia by the ABA was so troubled by its findings that it called for a moratorium on not only executions but also the prosecution of death penalty cases.

The 21-member assessment team urged the state to study a variety of problems and made a series of recommendations to address these issues. Among the team's most significant recommendations were the following:

INADEQUATE FUNDING FOR DEFENSE COUNSEL Georgia should ensure that all defendants receive competent counsel and provide the necessary funding for the full cost of high quality legal representation by the defense team and access to selected experts.

LACK OF DEFENSE COUNSEL FOR STATE HABEAS

Georgia does not appoint counsel for state habeas proceedings, and Georgia is one of only two states to not provide indigent capital defendants with attorneys at this stage. To help ensure that all capital defendants receive adequate representation, Georgia should provide them with at least two attorneys in state habeas proceedings.

This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is “actually” innocent.   Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged “actual innocence” is constitutionally cognizable.

ABA Report Calls For GEORGIA DEATH PENALTY MORATORIUM

A new report by the American Bar Association Death Penalty Moratorium Implementation Project found that Georgia's death penalty fails to meet 43 ABA standards for improving the fairness and accuracy of the death penalty. The assessment team assembled in Georgia by the ABA was so troubled by its findings that it called for a moratorium on not only executions but also the prosecution of death penalty cases.

The 21-member assessment team urged the state to study a variety of problems and made a series of recommendations to address these issues. Among the team's most significant recommendations were the following:

INADEQUATE FUNDING FOR DEFENSE COUNSEL Georgia should ensure that all defendants receive competent counsel and provide the necessary funding for the full cost of high quality legal representation by the defense team and access to selected experts.

LACK OF DEFENSE COUNSEL FOR STATE HABEAS

Georgia does not appoint counsel for state habeas proceedings, and Georgia is one of only two states to not provide indigent capital defendants with attorneys at this stage. To help ensure that all capital defendants receive adequate representation, Georgia should provide them with at least two attorneys in state habeas proceedings.

'That went swimmingly well, with lots of razmataz!”