Schlup v. Delo
Encyclopedia
Schlup v. Delo, 513 U.S. 298
(1995), was a case in which the United States Supreme Court
expanded the ability to reopen a case in light of new evidence of innocence.
Petitioner Lloyd E. Schlup, Jr., a Missouri prisoner under a sentence of death for the 1984 murder of an inmate named Arthur Dade, filed a habeas corpus
petition alleging that constitutional error deprived the jury of critical evidence that would have established his innocence. The Court granted certiorari
to consider whether the Sawyer v. Whitley standard provides adequate protection against the kind of miscarriage of justice that would result from the execution of a person who is actually innocent.
The Court held that the standard of Murray v. Carrier, 477 U.S. 478, which requires a habeas petitioner to show that "a constitutional violation has probably resulted in the conviction of one who is actually innocent," id., at 496 - rather than the more stringent Sawyer standard, governs the miscarriage of justice inquiry when a petitioner who has been sentenced to death raises a claim of actual innocence to avoid a procedural bar to the consideration of the merits of his constitutional claims.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1995), was a case in which the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
expanded the ability to reopen a case in light of new evidence of innocence.
Petitioner Lloyd E. Schlup, Jr., a Missouri prisoner under a sentence of death for the 1984 murder of an inmate named Arthur Dade, filed a habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
petition alleging that constitutional error deprived the jury of critical evidence that would have established his innocence. The Court granted certiorari
Certiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
to consider whether the Sawyer v. Whitley standard provides adequate protection against the kind of miscarriage of justice that would result from the execution of a person who is actually innocent.
The Court held that the standard of Murray v. Carrier, 477 U.S. 478, which requires a habeas petitioner to show that "a constitutional violation has probably resulted in the conviction of one who is actually innocent," id., at 496 - rather than the more stringent Sawyer standard, governs the miscarriage of justice inquiry when a petitioner who has been sentenced to death raises a claim of actual innocence to avoid a procedural bar to the consideration of the merits of his constitutional claims.
See also
- List of United States Supreme Court cases, volume 513
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court