Originally Posted by Dirty larry
Uhhh... no, it doesn't.
Here, let me help you again:
The law attaches a strong finality to a criminal conviction. The conviction will be treated as final unless the inmate can show in one of two special ways that he or she is actually innocent.
You may remember that the term "finality of convictions" was mentioned in the recent ASSC hearing.
As I said, in our system, once convicted, the presumption is guilt, and the burden shifts to the convict.
What part of this do you or your "more than a few appellate attorneys" not understand?
I wonder if there's a reason it doesn't say that?
Tell us, all this incredible work from the innocence project and other organizations you mentioned?
What type of claims do you suppose THEY filed?
I'll give you a hint.
A conviction overturned on a procedural error is not an exhoneration.
That last sentence is quite the non sequitur as no one has claimed otherwise.
Although it is difficult to pierce your condescension, after several exchanges I think you and I are both saying much the same thing.
What is misleading is your demand that supporters produce "proof of actual innocence" when that is not required to overturn a verdict.
Certainly appellants have the burden of showing a trial was procedurally flawed, but that is not the same thing as saying they have a burden to prove innocence (as I'm sure you'll agree).
In most cases, appeals are granted on procedural grounds and a new trial is ordered. The prosecution then has the option of retrying or dismissing the charges.
Claims of actual innocence are very, very difficult to prove (and a few hundred DNA exonerations doesn't prove otherwise) and appellate decrees of actual innocence (in which charges are dismissed and no new trial is allowed) are relatively rare. This is because "actual innocence" is very difficult to prove. Even with DNA, except where the issue is semen in a rape case, the presence of foreign DNA or the absence of the defendant's DNA is often not considered definitive proof.
As I'm sure you know.