Schlup v. Delo

SCOTUSCase
Litigants= Schlup v. Delo
ArgueDate= October 3
ArgueYear=1994
DecideDate= January 23
DecideYear=1995
FullName= Lloyd Schlup, Petitioner v. Paul K. Delo, Superintendent, Potosi Correctional Center
USVol=513
USPage=298
Citation=
Prior=
Subsequent=
Holding=The court vacated and remanded the sentence.
SCOTUS=1994-2005
Majority= Stevens
Concurrence = O'Connor, joined by Kennedy and Thomas
JoinMajority=O'Connor, Souter, Ginsburg, and Breyer
Dissent= Rehnquist, joined by Kennedy and Thomas
Dissent2= Scalia
JoinDissent2= Thomas
LawsApplied=

"Schlup v. Delo", 513 U.S. 298 (1995)ref|citation, 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 [ [http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&court=US&case=/us/513/298.html FindLaw | Cases and Codes ] ] 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.

ee also

*List of United States Supreme Court cases, volume 513

References