GPO-CONAN-2017-10-15.pdf

Adequate mode of redress then the defendant may

Info icon This preview shows pages 231–233. Sign up to view the full content.

adequate mode of redress, then the defendant may petition a fed- eral court for relief through a writ of habeas corpus . 1256 When appellate or other corrective process is made available, because it is no less a part of the process of law under which a defendant is held in custody, it becomes subject to scrutiny for any alleged unconstitutional deprivation of life or liberty. At first, the Court seemed content to assume that, when a state appellate pro- cess formally appeared to be sufficient to correct constitutional er- rors committed by the trial court, the conclusion by the appellate court that the trial court’s sentence of execution should be affirmed was ample assurance that life would not be forfeited without due process of law. 1257 But, in Moore v. Dempsey , 1258 while insisting that it was not departing from precedent, the Court directed a federal district court in which petitioners had sought a writ of habeas cor- pus to make an independent investigation of the facts alleged by the petitioners—mob domination of their trial—notwithstanding that the state appellate court had ruled against the legal sufficiency of these same allegations. Indubitably, Moore marked the abandon- ment of the Supreme Court’s deference, founded upon consider- ations of comity, to decisions of state appellate tribunals on issues of constitutionality, and the proclamation of its intention no longer to treat as virtually conclusive pronouncements by the latter that proceedings in a trial court were fair, an abandonment soon made even clearer in Brown v. Mississippi 1259 and now taken for granted. 1255 Carter v. Illinois, 329 U.S. 173, 175–76 (1946). 1256 In Case v. Nebraska, 381 U.S. 336 (1965) (per curiam), the Court had taken for review a case that raised the issue of whether a state could simply omit any corrective process for hearing and determining claims of federal constitutional viola- tions, but it dismissed the case when the state in the interim enacted provisions for such process. Justices Clark and Brennan each wrote a concurring opinion. 1257 Frank v. Mangum, 237 U.S. 309 (1915). 1258 261 U.S. 86 (1923). 1259 297 U.S. 278 (1936). 2063 AMENDMENT 14—RIGHTS GUARANTEED
Image of page 231

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

The Court has held, however, that the Due Process Clause does not provide convicted persons a right to postconviction access to the state’s evidence for DNA testing. 1260 Chief Justice Roberts, in a five- to-four decision, noted that 46 states had enacted statutes dealing specifically with access to DNA evidence, and that the Federal Gov- ernment had enacted a statute that allows federal prisoners to move for court-ordered DNA testing under specified conditions. Even the states that had not enacted statutes dealing specifically with ac- cess to DNA evidence must, under the Due Process Clause, provide adequate postconviction relief procedures. The Court, therefore, saw “no reason to constitutionalize the issue.” 1261 It also expressed con- cern that “[e]stablishing a freestanding right to access DNA evi- dence for testing would force us to act as policymakers . . . . We
Image of page 232
Image of page 233
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern