That the following is a question that a court can even ask, shows that the system is seriously broken:
Whether Davis can still be executed if he can establish innocence under the second standard [clear and convincing evidence that no reasonable fact finder would have found him guilty] but cannot satisfy his burden under the first, due-diligence question.
(Via A Public Defender.)
I look forward to the government’s explanation of why it should be allowed to execute someone who is clearly innocent because his lawyers should have found the evidence of his innocence in the first place.
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