Tuesday, August 18, 2009

“Actually” innocent

The Supreme Court sent the capital murder conviction of Troy Anthony Davis back to federal court to hear his claim of having been innocent (he was convicted solely on the testimony of witnesses most of whom have since recanted). Naturally, Fat Tony Scalia (joined by Thomas), objects, in a dissent which scoffs at the very idea that “capital convictions... are always subject to being set aside by federal courts for the reason of ‘actual innocence’”. “This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent.”

That may be the douchiest use of quotation marks ever.

P.S. I have added Scalia to the list of nominees for Second Smuggest American.

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