"Imagine a petitioner in Davis's situation who possesses new evidence conclusively and definitively proving, beyond any scintilla of doubt, that he is an innocent man," Stevens wrote. "The dissent's reasoning would allow such a petitioner to be put to death nonetheless. The court correctly refuses to endorse such reasoning."We are really getting sick of these "activists" judges. What do Justice Scalia and Thomas say?
"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," Scalia wrote. "Quite to the contrary, we have repeatedly left that question unresolved."Now this is common sense conservatism! You've been found guilty and you've been sentenced to death. Now, even though you can prove you are innocent, beyond a reasonable doubt.....sorry, it's too late and too much trouble to give you another day in court.
Luckly, reason prevailed and the man is going to get his day in court.