ERISA DueProcess HabeasCorpus Punishment JusticiabilityDoctri
Whether the Eighth Amendment and the Suspension Clause require that an individual have a fair opportunity to show actual-innocence in state-court and have such a claim considered
QUESTIONS PRESENTED Mr. Sweet has attempted to obtain relief from his false conviction and death sentence based on serious constitutional violations, only to be continually denied relief based on mere technicalities. The state courts have proven inadequate to obtain relief despite his actual innocence. Accordingly, he presents the following questions to this Court to obtain the justice that has so far eluded him: 1. Whether it amounts to a suspension of the writ of habeas corpus for the state courts to fail to consider claims from an individual with compelling evidence of actual innocence to challenge a conviction and death sentence when this resulted from the ineffectiveness of state-provided trial and postconviction counsel, and full consideration of the constitutional claims is necessary to prevent the execution of an actually innocent individual? 2. Whether the Eighth Amendment and the Suspension Clause require that an individual have a fair opportunity to show actual innocence in state court and have such a claim considered? ii