Georgia Democratic Rep. Hank Johnson has reintroduced a death row appeals bill that would give death row inmates the opportunity to present newly discovered evidence on appeal.
HR 9868, also known as the Effective Death Penalty Act, was first introduced in 2009 and then in 2020. This bill would amend the provisions of the United States Code that currently govern the circumstances under which state prisoners may file a writ of habeas corpus.
“Right now, innocent people are on death row, without the opportunity to present convincing new evidence of their innocence,” Johnson said in a press statement Wednesday. “The current situation is inhumane and unconstitutional.”
Texas death row inmate's lawyer says “no crime committed'' as he makes last effort to save his life
Under current law, a federal court cannot grant a petition for habeas corpus unless the petitioner has already exhausted all state court remedies. This requirement was explained by the U.S. Supreme Court in 1999, which stated that such a requirement “provides state courts with a complete and complete resolution of federal constitutional claims before they are brought in federal court.” “The aim is to give them a fair chance.”
Georgia Representative Hank Johnson has reintroduced a death penalty appeals bill that would give death row inmates the opportunity to present newly discovered evidence on appeal. (Anna Moneymaker/Getty Images)
The bill would allow death row inmates to present newly discovered evidence that “proves that the applicant is presumably innocent of the underlying crime,” as well as raise an invalid defense argument on direct appeal. It also becomes possible. Some states currently do not allow such claims on direct appeal.
This additional provision was introduced as a result of the 2022 Supreme Court case Singh v. Ramirez, which held that a habeas corpus court cannot conduct an evidentiary hearing based on an ineffective attorney claim or state court. It was held that the court could not consider evidence beyond the record of the court.
Oklahoma supports new trial for death row inmate who ate three 'last meals'
“While I believe the death penalty should be completely abolished, 25 states (half of them in the South) still have some form of capital punishment, and some states, such as Alabama, Texas, and Georgia, “The nation's death penalty continues to be carried out – and we need an effective death penalty appeals law so that America's wrongfully convicted death row inmates can present newly discovered evidence of their innocence,” Johnson said in a statement. said.
“Innocent people are now on death row, without the opportunity to present convincing new evidence of their innocence,” U.S. Rep. Hank Johnson said in a press statement Wednesday. “The current situation is inhumane and unconstitutional.” (Doug Mills/Pool/AFP via Getty Images)
Representatives Chellie Pingree (D-Maine), Eleanor Holmes Norton (D-Ill.), and Jan Schakowsky (D-Ill.) are co-sponsors of the bill.
CLICK HERE TO GET THE FOX NEWS APP
The Supreme Court, which began its new term earlier this month, will hear oral arguments Wednesday on the appeal of Richard Glossip, an Oklahoma inmate who has pleaded not guilty in connection with a 1997 murder-for-hire case in which he was a former motel operator. went. I was working at Glossip's original conviction was reversed by the Oklahoma Court of Criminal Appeals after the court found that he received “assistance of counsel that is constitutionally ineffective in many respects,” according to briefs filed. .
Anti-death penalty activists, including members of MoveOn.org and other advocacy groups, rally outside the U.S. Supreme Court to try to block the execution of Oklahoma inmate Richard Glossip in Washington, DC, on September 29, 2015. do. (Larry French/Getty Images for MoveOn.org)
Glossip is currently arguing in the Supreme Court that he was denied a fair trial because prosecutors withheld evidence from key prosecution witnesses. Justice Neil Gorsuch did not participate in the appellate hearing because he had been involved in the appellate process while serving on a lower court.
