Donnie L. Harris, Jr. v. Oklahoma
AdministrativeLaw DueProcess FifthAmendment HabeasCorpus Punishment Securities JusticiabilityDoctri
Does Oklahoma's strict application of its statutory requirement that all newly discovered evidence in capital cases must be presented within one year of the pronouncement of judgment and sentence or be forfeited, violate the due process clause of the Fifth and Fourteenth Amendments when the delay in timely filing is caused by the State, not the Petitioner?
QUESTION PRESENTED FOR REVIEW Does Oklahoma’s strict application of its statutory requirement that all newly discovered evidence in capital cases must be presented within one year of the pronouncement of judgment and sentence or be forfeited, violate the due process clause of the Fifth and Fourteenth Amendments when the delay in timely filing is caused by the State, not the Petitioner? i