Whether the AEDPA bars federal review of a death row inmate's claim of actual innocence based on newly discovered DNA evidence, in violation of the Suspension Clause

No question identified. : wee CAPITAL CASE*** I. INTRODUCTION For thirty-two years, Oscar Smith has maintained his innocence. Now, despite DNA proof that he is actually innocent of the crime, he sits on death watch condemned to die for the gruesome murders of his family. New technology not available until earlier this year has established that an unknown perpetrator’s DNA is mixed with the victim’s blood on the murder weapon found at the scene of the crime. However, because the technology that allowed this DNA to be isolated was not previously available, Mr. Smith did not have this evidence to raise in his first habeas petition. Now, the AEDPA bars Mr. Smith from seeking federal review of his claim of actual innocence, effectively suspending the writ of habeas corpus in violation of the constitution. Il.