be a retrial based on new evidence. Is that not an ironclad rule? Is it a rule at all? I was under the impression that it was, and it never made sense to me.

aeschylus:

be a retrial based on new evidence. Is that not an ironclad rule? Is it a rule at all? I was under the impression that it was, and it never made sense to me.

Well, I am not a lawyer, but I do belive that one can be granted a new trial if there is new evidence is proof of innocence. That is why so many convictions have been overturned on the basis of DNA evidence since DNA is quite good at proving a negative.

Crossbow:

aeschylus:

be a retrial based on new evidence. Is that not an ironclad rule? Is it a rule at all? I was under the impression that it was, and it never made sense to me.

Well, I am not a lawyer, but I do belive that one can be granted a new trial if there is new evidence is proof of innocence.

Yes that is why Willingham was not granted an new trial the Expert Report was not new eveidence it was based on the same evidence he had available to him on his 5 appeals.

That is why so many convictions have been overturned on the basis of DNA evidence since DNA is quite good at proving a negative.

The "expert" opinion is fare from evidence and even farther from the exculpatory evidence needed to overturn a conviction.

Texas Pete, you obviously buy into the whole 'cowboy justice' thing that Texas seems so proud of. Unfortunately, that era ended some time back and rational, thinking human beings now accept that, yes, the justice system can - and DOES - make mistakes. No state that executes as many prisoners routinely as Texas does could possibly avoid having sent innocent people to their death. Just because Texas courts turn their back on justice doesn't make the judicial system right. Texas appeals courts are notorious in the system for refusing to look at new evidence and for turning down appeals. This is not a recent thing, either, the system was flawed clear back in the 60's and I, for one, have always been very, very grateful to my ancestors for choosing not to live in Texas.