Post by Anja on Jun 15, 2006 16:11:51 GMT -5
Alley appeal filed in shadow of House decision
The Innocence Project on Wednesday filed a brief on behalf of Tennessee
death row inmate Sedley Alley, where the nonprofit legal clinic argued
Alley should be exonerated now that the U.S. Supreme Court has said death
row inmates can use post-conviction DNA evidence to argue their innocence.
Last week, after a temporary reprieve from Gov. Phil Bredesen, the
Tennessee Supreme Court set Alley's execution date for June 28.
Alley was convicted and sentence to death for abducting, raping and
murdering 19-year old Marine Lance Cpl. Suzanne Collins in 1985.
But in a 5-3 decision, in which Justice Samuel Alito abstained, the U.S.
Supreme Court ruled Monday that another Tennessee death row inmate, Paul
House, has the right to proceed in federal court with claims that he was
wrongly convicted, and should be able to point to DNA evidence that is now
available and that could have influenced the original jury that convicted
him.
In a brief filed with the Court of Criminal Appeals in Tennessee, the
Innocence project argued "this new U.S. Supreme Court ruling makes it
clear that Sedley Alley has a right to DNA testing to prove his innocence.
"The reasoning and analysis in House make clear that, under the
'reasonable probability' standard applicable to Sedley Alley's DNA
petition, Sedley Alley is entitled to release of the requested evidence
because: (1) his showing of actual innocence through DNA and other
evidence is even stronger than House's; and (2) House was found to satisfy
an evidentiary standard much higher than the 'reasonable probability'
standard which governs this appeal," according to the brief... While
House's case 'is not a case of conclusive exoneration,' Sedley Alley's
would be such a case for 'conclusive exoneration' given exculpatory DNA
results," according to the brief.
The state appeals court is hearing oral arguments in the case on Monday.
(source: Nashville City Paper)
The Innocence Project on Wednesday filed a brief on behalf of Tennessee
death row inmate Sedley Alley, where the nonprofit legal clinic argued
Alley should be exonerated now that the U.S. Supreme Court has said death
row inmates can use post-conviction DNA evidence to argue their innocence.
Last week, after a temporary reprieve from Gov. Phil Bredesen, the
Tennessee Supreme Court set Alley's execution date for June 28.
Alley was convicted and sentence to death for abducting, raping and
murdering 19-year old Marine Lance Cpl. Suzanne Collins in 1985.
But in a 5-3 decision, in which Justice Samuel Alito abstained, the U.S.
Supreme Court ruled Monday that another Tennessee death row inmate, Paul
House, has the right to proceed in federal court with claims that he was
wrongly convicted, and should be able to point to DNA evidence that is now
available and that could have influenced the original jury that convicted
him.
In a brief filed with the Court of Criminal Appeals in Tennessee, the
Innocence project argued "this new U.S. Supreme Court ruling makes it
clear that Sedley Alley has a right to DNA testing to prove his innocence.
"The reasoning and analysis in House make clear that, under the
'reasonable probability' standard applicable to Sedley Alley's DNA
petition, Sedley Alley is entitled to release of the requested evidence
because: (1) his showing of actual innocence through DNA and other
evidence is even stronger than House's; and (2) House was found to satisfy
an evidentiary standard much higher than the 'reasonable probability'
standard which governs this appeal," according to the brief... While
House's case 'is not a case of conclusive exoneration,' Sedley Alley's
would be such a case for 'conclusive exoneration' given exculpatory DNA
results," according to the brief.
The state appeals court is hearing oral arguments in the case on Monday.
(source: Nashville City Paper)