Dem lawmaker reintroduces death row appeals bill allowing for introduction of newly discovered evidence

Georgia Democratic Rep. Hank Johnson re-introduced a decease enactment appeals measure that would let decease enactment inmates the accidental to present recently discovered grounds successful their appeal. 

H.R. 9868, besides called the Effective Death Penalty Act, was initially introduced successful 2009 and aboriginal successful 2020. The measure would amend a proviso successful the U.S. Code that presently governs circumstances nether which a authorities prisoner tin record a habeas corpus petition. 

"We've got guiltless radical connected decease enactment close present with nary accidental to amusement compelling caller grounds of innocence," Johnson said successful a property connection released connected Wednesday. "The presumption quo is inhumane and unconstitutional." 

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Under existent law, a national tribunal cannot assistance a habeas corpus petition unless the petitioner has already exhausted each authorities tribunal remedies. This request was explained by the U.S. Supreme Court successful 1999, with the Court stating that specified a request "is designed to springiness the authorities courts a afloat and just accidental to resoluteness national law claims earlier those claims are presented to national courts." 

Georgia Rep. Hank Johnson re-introduced a decease enactment appeals measure that would let decease enactment inmates the accidental to present recently discovered grounds successful their appeal. (Anna Moneymaker/Getty Images)

The measure would let a decease enactment inmate to not lone present recently discovered grounds that "demonstrates that the applicant is astir apt not blameworthy of the underlying offense," but to besides rise an ineffective counsel assertion connected nonstop appeal. Some states bash not presently let for specified a assertion connected nonstop appeal. 

The added proviso comes arsenic a effect of the 2022 Supreme Court case, Shinn v. Ramirez, erstwhile the Court held that a habeas corpus tribunal whitethorn not behaviour an evidentiary proceeding oregon see grounds beyond the state-court grounds based connected an ineffective counsel claim. 

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"I judge we should wholly abolish the decease penalty, but portion 25 states – fractional of which are successful the South – inactive person immoderate signifier of superior punishment connected their books and immoderate states similar Alabama, Texas and Georgia proceed to clasp authorities executions – America needs the Effective Death Penalty Appeals Act to assistance wrongly convicted radical connected decease enactment contiguous recently discovered grounds that they are innocent," Johnson said successful the statement. 

"We've got guiltless radical connected decease enactment close present with nary accidental to amusement compelling caller grounds of innocence," Rep. Hank Johnson said successful a property connection released connected Wednesday. "The presumption quo is inhumane and unconstitutional." (DOUG MILLS/POOL/AFP via Getty Images)

Rep. Chellie Pingree, D-ME, Democratic House Delegate Eleanor Holmes Norton and Rep. Jan Schakowsky, D-Ill., are co-sponsoring the bill. 

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The Supreme Court, which kicked disconnected its caller word earlier this month, heard oral arguments Wednesday connected an entreaty from Oklahoma inmate Richard Glossip, who has maintained his innocence successful transportation with a 1997 murder-for-hire of the proprietor of a motel helium antecedently worked at. Glossip's archetypal condemnation was reversed by the Oklahoma Court of Criminal Appeals aft the tribunal recovered helium had received "constitutionally ineffective assistance of counsel successful galore respects," according to the little filed. 

Anti-death punishment activists, including members of MoveOn.org and different advocacy groups rally extracurricular the U.S. Supreme Court successful an effort to forestall the execution of Oklahoma inmate Richard Glossip connected Sept. 29, 2015 successful Washington, D.C. (Larry French/Getty Images for MoveOn.org)

Glossip present argues earlier the Supreme Court that helium did not person a just proceedings arsenic a effect of the prosecution suppressing grounds of a cardinal prosecution witness's testimony. Justice Neil Gorsuch did not enactment successful proceeding the entreaty owed to his anterior engagement successful the appeals process portion serving connected a little court.