Abstract
Since its 1993 decision Herrera v. Collins, the U.S. Supreme Court has explicitly left open the question of whether freestanding claims of innocence may serve as a basis for relief in federal capital habeas proceedings. A recent memorandum opinion, In re Davis, indicates the Court may be preparing to answer that question in the affirmative. Recognizing the viability of Herrera claims, however, raises a variety of practical concerns. This Note proposes a system for reviewing freestanding innocence claims that balances these practical considerations with society's growing concern for the plight of the wrongfully convicted.
How to Cite
53 Ariz. L. Rev. 629 (2011)
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