Baughn comments on Procedural Knowledge Gaps - Less Wrong

126 Post author: Alicorn 08 February 2011 03:17AM

You are viewing a comment permalink. View the original post to see all comments and the full post content.

Comments (1477)

You are viewing a single comment's thread. Show more comments above.

Comment author: Baughn 12 February 2012 08:04:12PM 2 points [-]

new evidence of innocence is not enough to get a new trial, as long as your rights were not violated in the old one, according to the Supreme Court

Wait, what? [citation needed]

Comment author: TobyBartels 18 February 2012 03:19:15PM *  3 points [-]

Herrera v. Collins, 506 U.S. 390 (1993)

Four months later, a person who was legally guilty (so found by a jury in a valid trial) but actually innocent (probably) was killed by the State of Texas.

This is the best short coverage that I found in a few minutes' Googling (using the defendant's full name): http://www.executedtoday.com/2009/05/12/1993-leonel-herrera-v-collins/

ETA: As the court's opinion points out, there is a procedure for relief when one finds new evidence of innocence: clemency. Good luck getting that in Texas!