sawyer whitley argued february decided june louisiana jury convicted petitioner sawyer sentenced death murder victim beaten scalded boiling water set afire conviction sentence upheld appeal petitions state postconviction relief well first petition federal habeas relief denied second federal habeas petition district barred abusive successive sawyer claims inter alia police failed produce exculpatory evidence evidence challenging prosecution witness credibility child witness statements sawyer tried prevent accomplice setting fire victim violation due process rights brady maryland trial counsel failure introduce mental health records mitigating evidence trial sentencing phase constituted ineffective assistance counsel appeals affirmed holding sawyer shown cause failure raise claims earlier petition otherwise reach claims merits shown actually innocent death penalty louisiana law held show actual innocence one must show clear convincing evidence constitutional error reasonable juror found petitioner eligible death penalty applicable state law pp generally habeas petitioner must show cause prejudice reach merits successive abusive defaulted claim even meet standard may hear merits claims failure hear result miscarriage justice see kuhlmann wilson miscarriage justice exception applies petitioner actually innocent crime convicted penalty imposed easy define meant actually innocent death penalty exception narrow must determined relatively objective standards pp order avoid arbitrary capricious impositions death sentence adopted narrowing factors limit class offenders upon death penalty may imposed evidenced louisiana definition capital murder something intentional killing requirement jury may recommend death must determine least one list statutory aggravating factors exists eligibility death penalty established however emphasis shifts narrowing class eligible defendants objective factors individualized consideration particular defendant introduction mitigating evidence within framework appeals applied proper standard determine actual innocence required sawyer base showing reasonable juror found eligible death penalty louisiana law elements crime existence aggravating circumstances existence additional mitigating evidence introduced result claimed constitutional error standard hones objective factors must shown exist defendant eligible death penalty imposed adoption stricter definition limit showing elements crime rejected since stating smith murray actual innocence mean innocent death penalty suggested expansive meaning simply innocence capital offense also rejected lenient definition allow showing extend beyond elements crime aggravating factors include mitigating evidence bears defendant eligibility receive death penalty ultimate discretionary decision penalty life imprisonment including mitigating factors make actual innocence mean little already required show prejudice purposes securing habeas relief broaden inquiry beyond narrow exception principle finality pp sawyer failed show actually innocent death penalty sentenced psychological evidence allegedly kept jury relate guilt innocence crime aggravating factors found jury murder committed course aggravated arson especially cruel atrocious heinous made eligible death penalty said evidence jury reasonable juror found aggravating factors evidence allegedly kept jury due alleged brady violation also fails show actual innocence impeachment evidence seldom ever makes clear convincing showing reasonable juror believed heart witness account statement sawyer set fire victim goes jury finding aggravated arson thus guilt innocence first aggravating circumstance fails show rational juror find aggravating factors murder especially cruel atrocious heinous quite apart arson even crediting hearsay statement said reasonable juror found guilty arson participation louisiana law pp rehnquist delivered opinion white scalia kennedy souter thomas joined blackmun filed opinion concurring judgment post stevens filed opinion concurring judgment blackmun joined post neal walker argued cause petitioner briefs nicholas trenticosta sarah ottinger dorothy pendergast argued cause respondent brief john mamoulides paul larkin argued cause amicus curiae urging affirmance brief solicitor general starr assistant attorney general mueller deputy solicitor general roberts associate deputy attorney general mcbride douglas robinson julius chambers george kendall larry yackle filed brief naacp legal defense educational fund amicus curiae urging reversal kent scheidegger charles hobson filed brief criminal justice legal foundation amicus curiae urging affirmance chief justice rehnquist delivered opinion issue standard determining whether petitioner bringing successive abusive defaulted federal habeas claim shown actually innocent death penalty sentenced may reach merits claim robert wayne sawyer petitioner case filed second federal habeas petition containing successive abusive claims appeals fifth circuit refused examine merits sawyer claims held sawyer shown cause failure raise claims earlier petition shown actually innocent crime convicted penalty imposed affirm appeals hold show actual innocence one must show clear convincing evidence constitutional error reasonable juror found petitioner eligible death penalty applicable state law years ago petitioner accomplice charles lane brutally murdered frances arwood guest home petitioner shared girlfriend cynthia shano shano two young children recounted earlier review case sawyer smith petitioner lane returned petitioner home night drinking argued arwood accusing drugging one children petitioner lane attacked arwood beat fists kicked repeatedly submerged bathtub poured scalding water dragging back living room pouring lighter fluid body igniting arwood lost consciousness sometime attack remained coma died injuries approximately two months later shano children home attack shano testified petitioner prevented leaving trial jury failed credit petitioner toxic psychosis defense convicted petitioner murder sentencing phase petitioner testified intoxicated time murder remembered bits pieces events petitioner sister glenda white testified petitioner deprived childhood affection care children teenager petitioner confined mental hospital reason undergone shock therapy app jury found three statutory aggravating factors statutory mitigating factors sentenced petitioner death sawyer conviction sentence affirmed appeal louisiana state sawyer granted certiorari vacated remanded instructions reconsider light zant stephens sawyer louisiana remand louisiana reaffirmed sentence sawyer state cert denied petitioner first petition state postconviction relief denied louisiana ex rel sawyer maggio reconsideration denied la sawyer filed first federal habeas petition raising claims denied merits see sawyer butler aff rehearing en banc granted certiorari affirmed appeals denial relief sawyer smith supra petitioner next filed second motion state postconviction relief state trial summarily denied petition repetitive without merit louisiana denied discretionary review see present petition arises sawyer second petition federal habeas relief granting stay holding evidentiary hearing district denied one sawyer claims merits held others barred either abusive successive ed la appeals granted certificate probable cause issue whether petitioner shown actually innocent death penalty reach merits claims contained successive petition appeals held petitioner failed show actually innocent death penalty evidence argued unconstitutionally kept jury failed show sawyer ineligible death penalty louisiana law third time granted sawyer petition certiorari affirm unless habeas petitioner shows cause prejudice see wainwright sykes may reach merits successive claims raise grounds identical grounds heard decided merits previous petition kuhlmann wilson new claims previously raised constitute abuse writ mccleskey zant procedurally defaulted claims petitioner failed follow applicable state procedural rules raising claims murray carrier cases premised concerns finality state judgments conviction significant costs federal habeas review mccleskey supra see engle isaac previously held even state prisoner meet cause prejudice standard federal may hear merits successive claims failure hear claims constitute miscarriage justice trio decisions elaborated miscarriage justice actual innocence exception explained kuhlmann wilson supra exception developed language federal habeas statute prior allowed successive claims denied without hearing judge satisfied ends justice served inquiry held despite removal statutory language miscarriage justice exception allow successive claims heard petitioner establish es probative evidence colorable claim factual innocence kuhlmann supra second cases held actual innocence exception also applies procedurally defaulted claims murray carrier supra smith murray found miscarriage justice failure examine merits procedurally defaulted claims capital sentencing context emphasized miscarriage justice exception concerned actual compared legal innocence acknowledged actual innocence translate easily context alleged error sentencing phase trial capital offense decided habeas petitioner case failed show actual innocence death penalty alleged constitutional error neither precluded development true facts resulted admission false ones subsequent cases emphasized narrow scope fundamental miscarriage justice exception dugger adams rejected petitioner claim procedural default excused shown actually innocent without endeavoring define meant actually innocent death penalty stated emonstrating error nature kind error might affected accuracy death sentence far demonstrating individual defendant probably actually innocent sentence received last term mccleskey zant supra held narrow exception miscarriage justice avail petitioner constitutional violation occurred resulted admission trial truthful inculpatory evidence affect reliability guilt determination present case requires us amplify meaning actual innocence setting capital punishment prototypical example actual innocence colloquial sense case state convicted wrong person crime claims course regularly made motions new trial conviction state federal courts quite regularly denied evidence adduced support fails meet rigorous standards granting motions rare instances may turn later example another person credibly confessed crime evident law made mistake context noncapital case concept actual innocence easy grasp difficult develop analogous framework dealing defendant sentenced death phrase innocent death natural usage words must strive construct analog simpler situation represented case noncapital defendant defining analog bear mind exception actual innocence narrow exception make workable must subject determination relatively objective standards context capital penalty proceedings federal district judge typically presented successive abusive habeas petition days even day scheduled execution limited time determine whether petitioner shown case falls within actual innocence exception claim made since decision furman georgia eighth amendment jurisprudence required imposing capital punishment adopt procedural safeguards protecting arbitrary capricious impositions death sentence see gregg georgia proffitt florida jurek texas response adopted various narrowing factors limit class offenders upon sentencer authorized impose death penalty example louisiana statute petitioner convicted defines murder capital offense something intentional killing addition defendant found guilty louisiana capital murder jury must also find sentencing phase beyond reasonable doubt least one list statutory aggravating factors may recommend death penalty imposed eligibility death penalty established satisfaction jury deliberations assume different tenor series cases beginning lockett ohio held defendant must permitted introduce wide variety mitigating evidence pertaining character background emphasis shifts narrowing class eligible defendants objective factors individualized consideration particular defendant consideration aggravating factors together mitigating factors various combinations methods dependent upon state law results jury judge ultimate decision penalty shall imposed considering louisiana law example three possible ways actual innocence might defined strictest definition limit showing elements crime state made capital offense showing negate essential element offense solicitor general filing amicus curiae support respondent urges adopt standard reject submission narrow contrary statement smith concept actual innocence applied mean innocent death penalty statement suggested expansive meaning term actual innocence capital case simply innocence capital offense lenient three possibilities allow showing actual innocence extend elements crime also existence aggravating factors mitigating evidence bore defendant eligibility receive death penalty ultimate discretionary decision death penalty life imprisonment effect petitioner urges upon us contends actual innocence death penalty exists fair probability admission false evidence preclusion true mitigating evidence caused constitutional error resulted sentence death brief petitioner citation omitted although petitioner describes standard narrower adopted eighth ninth circuits reality closely related facts case alleges constitutional error kept true mitigating evidence jury crucial consideration according petitioner whether due constitutional error sentencer presented factually inaccurate sentencing profile petitioner brief petitioner quoting johnson singletary en banc anderson dissenting insofar petitioner standard include merely elements crime existence aggravating circumstances broadens extent inquiry type inquiry elements crime statutory aggravating circumstances louisiana used narrow class defendants eligible death penalty proof disproof aggravating circumstances like proof elements crime confined statutory definitions relatively obvious class relevant evidence sensible meaning given term innocent death penalty allowing showing addition innocence capital crime showing aggravating circumstance condition eligibility met reject petitioner submission showing extend beyond elements capital sentence existence additional mitigating evidence first place extension mean actual innocence amounts little already required show prejudice necessary showing habeas relief many constitutional errors see bagley strickland washington federal habeas review capital sentences rational petitioner must show something order reach merits claims successive habeas petition show obtain relief first habeas petition importantly petitioner standard broaden inquiry make anything narrow exception principle finality previously described federal district judge confronted claim actual innocence may relative ease determine whether submission example killing intentional consists credible noncumulative admissible evidence negating element intent far difficult task assess jurors reacted additional showings mitigating factors particularly considering breadth factors jury decisions must allowed consider appeals case took middle ground among three possibilities defining actual innocence death penalty adopted test must require petitioner show based evidence proffered plus record evidence fair probability rational trier fact entertained reasonable doubt existence facts prerequisites state federal law imposition death penalty footnotes omitted appeals standard therefore hones objective factors conditions must shown exist defendant eligible death penalty imposed eleventh circuit adopted similar eligibility test determining actual innocence johnson singletary cert pending agree courts appeals fifth eleventh circuits actual innocence requirement must focus elements render defendant eligible death penalty additional mitigating evidence prevented introduced result claimed constitutional error present petition sawyer advances two claims arising two distinct groups evidentiary considered jury convicted sentenced sawyer first group evidence relates petitioner role offense consists affidavits attacking credibility cynthia shano affidavit claiming one shano sons told police officer sawyer responsible pouring lighter fluid arwood lighting fact sawyer tried prevent charles lane lighting arwood fire sawyer claims police failed produce exculpatory evidence violation due process rights brady maryland second group consists medical records sawyer stays teenager two different mental health institutions sawyer alleges ineffective assistance counsel trial counsel failure introduce records sentencing phase trial appeals held petitioner failure assert brady claim first petition constituted abuse writ shown cause failing raise claim earlier mccleskey claim held appeals successive claim rejected merits sawyer first petition petitioner failed show cause bringing evidence support claim earlier petitioner contest findings appeals tr oral arg therefore must determine petitioner shown clear convincing evidence constitutional error reasonable juror find eligible death penalty louisiana law louisiana law petitioner eligible death penalty convicted murder intentional killing process committing aggravated arson sentencing phase jury found two valid aggravating circumstances murder committed course aggravated arson murder especially cruel atrocious heinous psychological evidence petitioner alleges kept jury due ineffective assistance counsel relate petitioner guilt innocence crime neither relate either aggravating factors found jury made petitioner eligible death penalty even evidence jury said reasonable juror found aggravating factors make petitioner eligible death penalty therefore evidence petitioner shown fundamental miscarriage justice fail reexamine merits successive claim convinced evidence allegedly kept jury due alleged brady violation also fails show petitioner actually innocent death penalty sentenced much evidence goes credibility shano suggesting contrary testimony trial knew charles lane prior day murder drinking day murder testified grant immunity prosecutor app sort evidence brought forward impeach prosecution witness seldom ever make clear convincing showing reasonable juror believed heart shano account petitioner actions final bit evidence petitioner alleges unconstitutionally kept jury due brady violation statement made shano son wayne police officer day murder petitioner submitted affidavit one diane thibodeaux stating present wayne told police detective asked lit arwood fire daddy sawyer tried help lady man pushed sawyer back chair app affidavit also wayne showed officer find cigarette lighter lighter fluid trash ibid evidence goes jury finding aggravated arson goes petitioner guilt innocence crime murder aggravating circumstance murder committed course aggravated arson however conclude affidavit view evidence record show rational juror find petitioner committed aggravating circumstances found jury murder especially cruel atrocious heinous based undisputed evidence torture jury quite apart arson beating scalding boiling water finding aggravated arson agree appeals even crediting information hearsay affidavit said reasonable juror found light evidence petitioner guilty aggravated arson participation louisiana law principals therefore hold petitioner failed show clear convincing evidence constitutional error sentencing hearing reasonable juror found eligible death penalty louisiana law judgment appeals therefore affirmed footnotes jury found following statutory aggravating factors sawyer engaged commission aggravated arson offense committed especially cruel atrocious heinous manner sawyer previously convicted unrelated murder louisiana held last aggravating circumstance supported evidence louisiana twice remanded trial hearings petitioner claim louisiana ex rel sawyer maggio louisiana ex rel sawyer maggio earlier review held caldwell mississippi applied retroactively petitioner case teague lane standard determining actual innocence articulated kuhlmann prisoner must show fair probability light evidence including alleged illegally admitted due regard unreliability evidence tenably claimed wrongly excluded become available trial trier facts entertained reasonable doubt guilt quoting friendly innocence irrelevant collateral attack criminal judgments stated merits defaulted claim reached extraordinary case constitutional violation probably resulted conviction one actually innocent murray carrier recognize fact basis experience applications stays execution capital cases regard regrettable fact course least condone instead condemn efforts part habeas petitioners delay filings last minute view obtaining stay district lack time give necessary consideration scheduled execution may resolve petitioner doubts uncertainties sufficiency submission see gomez district northern district per curiam louisiana west supp defines murder first degree murder killing human offender specific intent kill inflict great bodily harm engaged perpetration attempted perpetration aggravated kidnapping second degree kidnapping aggravated escape aggravated arson aggravated rape forcible rape aggravated burglary armed robbery first degree robbery simple robbery offender specific intent kill inflict great bodily harm upon fireman peace officer engaged performance lawful duties offender specific intent kill inflict great bodily harm upon one person offender specific intent kill inflict great bodily harm offered offered given received anything value killing whoever commits crime first degree murder shall punished death life imprisonment hard labor without benefit parole probation suspension sentence accordance determination jury time petitioner trial art west provided sentence death shall imposed unless jury finds beyond reasonable doubt least one statutory aggravating circumstance exists consideration mitigating circumstances recommends sentence death imposed petitioner standard derives language smith murray petitioner maintains smith holds one show error precludes development true mitigating evidence actual innocence shown brief petitioner emphasizing smith fundamental miscarriage justice exception met inter alia constitutional error lead jury consider false evidence hold converse error leads consideration false mitigating evidence amounts miscarriage justice deutscher whitley ninth circuit phrased test follows establish fundamental miscarriage justice sentencing defendant must establish constitutional error substantially undermined accuracy capital sentencing determination requires showing constitutional error infected sentencing process degree probable constitutional error sentence death imposed citations omitted eighth circuit adopted similar test context exception available federal constitutional error alleged probably resulted verdict death one jury otherwise sentenced life imprisonment stokes armontrout quoting smith armontrout louisiana narrows class eligible death penalty limiting type offense may imposed requiring finding least one aggravating circumstance see supra statutory provisions restricting eligibility may course vary state state showing actual innocence reduced actual prejudice allow evasion cause prejudice standard held also acts exception defaulted abusive successive claim practical terms petitioner longer show cause contrary prior cases mccleskey zant carrier standard suggested justice stevens opinion concurring judgment suffers weakness others well term clearly erroneous derives federal rule civil procedure provides findings fact actions tried without jury shall set aside unless clearly erroneous justice stevens wrenches term context applies written factual findings made trial judge apply imposition death sentence jury judge latter determination different quantitatively qualitatively finding fact bench trial justice stevens even bring term established meaning reviewing factfindings bench trials held gypsum reaffirmed anderson bessemer city finding clearly erroneous although evidence support reviewing entire evidence left definite firm conviction mistake committed justice stevens apparently equate standard traditionally used review jury verdicts reasonable sentencer imposed death penalty post cf jackson virginia eleventh circuit articulated following test thus petitioner may make colorable showing actually innocent death penalty presenting evidence alleged constitutional error implicates aggravating factors found present sentencing body alleged constitutional error sentencing body found aggravating factors thus petitioner ineligible death penalty words petitioner must show absent alleged constitutional error jury lacked discretion impose death penalty ineligible death penalty johnson singletary emphasis original petitioner allege mental condition form criminal intent louisiana law tr oral arg category affidavits petitioner family members attesting deprivation abuse suffered petitioner child app wayne shano apparently clear memory crime today fact together tender years time occurrence suggests wayne corroborate affidavit diane thibodeaux thus suggesting independent basis refusing find affidavit showed anything clear convincing evidence louisiana west defines principals persons concerned commission crime whether directly commit act constituting offense aid abet commission directly indirectly counsel procure another commit crime principals even considering affidavit wayne shano said reasonable juror found petitioner committed aggravated arson given cynthia shano testimony petitioner statements lane day murder petitioner fingerprints lighter fluid justice blackmun concurring judgment agree majority federal absolutely barred reviewing capital defendant abusive successive procedurally defaulted claim unless defendant show clear convincing evidence constitutional error reasonable juror found petitioner eligible death penalty applicable state law ante reasons stated justice stevens separate opinion post join believe today adopts unduly cramped view actual innocence write separately discuss specifics standard instead reemphasize opposition implicit premise underlying decision fundamental miscarriage justice capital proceeding warrants redress one petitioner make claim actual innocence also write separately express skepticism new decision constricting ability federal courts remedy constitutional errors death penalty really imposed fairly accordance requirements eighth amendment repeatedly recognized principles fundamental fairness underlie writ habeas corpus see engle isaac sanders even erected unprecedented unwarranted barriers federal judiciary review merits claims state prisoners failed properly present state courts failed raise first federal habeas petitions previously presented federal courts resolution consistently acknowledged exceptions rules unreviewability must exist prevent violations fundamental fairness see engle principles finality comity must yield imperative correcting fundamentally unjust incarceration thus held federal courts may review procedurally defaulted abusive successive claims absent showing cause prejudice failure thwart ends justice see kuhlmann wilson plurality opinion work fundamental miscarriage justice see murray carrier smith murray dugger adams mccleskey zant traditional understanding habeas corpus fundamental miscarriage justice occurs whenever conviction sentence secured violation federal constitutional right see federal courts shall entertain habeas petitions state prisoners allege custody violation constitution laws treaties smith stevens dissenting justice holmes explained concern federal reviewing validity conviction death sentence writ habeas corpus solely question whether petitioner constitutional rights preserved moore dempsey trio decisions however ignored traditional teachings purported concern state sovereignty preservation state resources finality judgments shifted focus federal habeas review procedurally defaulted successive abusive claims away preservation constitutional rights inquiry petitioner innocence guilt see wilson plurality opinion ends justice require federal courts entertain successive petitions prisoner supplements constitutional claim colorable showing factual innocence carrier extraordinary case constitutional violation probably resulted conviction one actually innocent federal habeas may grant writ even absence showing cause procedural default smith applying carrier standard constitutional error sentencing phase capital trial see also mccleskey applying carrier standard abuse writ context acknowledged concept actual distinct legal innocence translate easily context alleged error sentencing phase trial capital offense smith undaunted illogic however adopted approach smith confronted claim introduction sentencing inculpatory statements made smith psychiatrist violated fifth amendment smith informed statements might used right remain silent counsel present although assumed validity smith fifth amendment claim recognized potential impact statement jury found aggravating circumstance future dangerousness satisfied see nonetheless concluded remarkably summarily admission statement pervert jury deliberations concerning ultimate question whether fact petitioner constituted continuing threat society ibid emphasis original michael smith demonstrate cause procedural default view made substantial showing alleged constitutional violation undermined accuracy guilt sentencing determination fifth amendment claim went unaddressed executed july dugger adams continued equate notion fundamental miscarriage justice capital trial petitioner ability show probably actually innocent sentence received appeared narrow inquiry even adams claim trial judge repeatedly misinformed jurors violation eighth amendment caldwell mississippi sentencing vote strictly advisory nature fact florida law permitted judge overturn jury sentencing decision upon clear convincing showing choice erroneous surely satisfied standard articulated smith whether petitioner make substantial claim alleged error undermined accuracy guilt sentencing determination cryptic discussion relegated end opinion adams rejected obvious application smith standard apparently reason belief adams ability demonstrate fundamental miscarriage justice case somehow convert extraordinary exception ordinary one see rejecting smith standard even bother substitute another place see undertake define means actually innocent death sentence refused address aubrey adams claim constitutional error executed may last term mccleskey zant described fundamental miscarriage justice exception safeguard compelling innocent man suffer unconstitutional loss liberty quoting stone powell although district granted relief mccleskey claim state authorities deliberately elicited inculpatory admissions violation sixth amendment right counsel see massiah excused failure present claim first federal habeas petition state withheld documents information establishing claim see concluded mccleskey lacked cause failing raise claim earlier important purposes concluded narrow exception federal courts may exercise equitable discretion correct miscarriage justice avail mccleskey massiah violation one resulted admission trial truthful inculpatory evidence affect reliability guilt determination ibid refused address warren mccleskey claim constitutional error executed september today takes granted foregoing decisions correctly limited concept fundamental miscarriage justice actual innocence even struggles ignoring natural usage words resorting analog see ante make sense actual innocence capital context continue believe however exaltation accuracy characteristic fundamental fairness deeply flawed smith stevens dissenting initial matter focus factual innocence inconsistent congress grant habeas corpus jurisdiction pursuant federal courts instructed entertain petitions state prisoners allege held custody violation constitution laws treaties jurisdictional grant contains support decision narrow reviewing authority obligation federal courts claims factual innocence see also shall dispose matter law justice require addition actual innocence standard requires reviewing federal unnaturally function much capacity state trier fact make rough decision question guilt innocence wilson brennan dissenting important however focus innocence assumes erroneously value worth protecting federal habeas review accuracy reliability guilt determination ur criminal justice system constitution protect values addition reliability guilt innocence determination statutory duty serve law justice similarly reflect values smith stevens dissenting accusatorial system justice adopted founders affords defendant certain protections accuracy truthfinding primary goal protections including fifth amendment right compelled eighth amendment right imposition arbitrary capricious sentence fourteenth amendment right tried impartial judge fourteenth amendment right indicted grand jury tried petit jury members defendant race systematically excluded debased indeed rendered largely irrelevant system values accuracy guilt determination individual rights nowhere focus actual innocence misguided case defendant alleges constitutional error sentencing phase capital trial ongoing struggle give meaning innocence death simply reflects inappropriateness inquiry see smith adams ante guilt innocence irrelevant context rather decision made representatives community whether prisoner shall live die wilson brennan dissenting see also patchel new habeas hastings returning federal courts central traditional function habeas review evaluating claims constitutional error ensure ends justice served fundamental miscarriages justice go unremedied well heed justice black admonition never late courts habeas corpus proceedings look straight procedural screens order prevent forfeiture life liberty flagrant defiance constitution brown allen dissenting opinion ii appeals eighth circuit observed course reviewing death sentence writ habeas corpus decisional process capital case particularly excruciating someone personally convinced rightness capital punishment questions effective deterrent maxwell bishop vacated time however stated belief advisability capital punishment policy matter ordinarily resolved legislature four years later member echoed sentiments separate dissenting opinion furman georgia although reiterated personal distaste death penalty doubt performs meaningful deterrent function see declined join brethren declaring state statutes issue cases unconstitutional see allow personal preferences wisdom legislative congressional action distaste action guide judicial decision ability maxwell furman many capital cases reviewed tenure federal bench enforce notwithstanding deep moral reservations legislature considered judgment capital punishment appropriate sanction always rested understanding certain procedural safeguards chief among federal judiciary power reach correct claims constitutional error federal habeas review ensure death sentences fairly imposed today years later wonder left premise underlying acceptance death penalty last term occasion lament continuing crusade erect petty procedural barriers path state prisoner seeking review federal constitutional claims transformation duty protect federal rights abdication coleman thompson dissenting opinion term witnessed continued narrowing avenues relief available federal habeas petitioners seeking redress constitutional claims see keeney overruling part townsend sain witnessed well execution two victims new habeas warren mccleskey roger keith coleman warren mccleskey case seemed archetypal fundamental miscarriage justice federal courts charged remedying noted mccleskey demonstrated state officials deliberately elicited inculpatory admissions violation sixth amendment rights withheld information needed present claim relief addition mccleskey argued convincingly final hours even obtain impartial clemency hearing threats state officials pardons parole board permitted mccleskey executed without ever hearing merits claims starkly reveals skewed value system finality judgments conservation state resources expediency executions seem receive greater solicitude justice human life see mccleskey bowers marshall dissenting denial stay execution execution roger keith coleman less affront principles fundamental fairness last term refused review merits coleman claims effectively overruling coleman expense precedents holding state decisions presumed based merits therefore subject federal habeas review unless explicitly reveal based state procedural grounds see coleman dissenting opinion moreover refusal last month grant temporary stay execution lower courts conduct hearing coleman claim innocent underlying offense demonstrates resounding hollowness professed commitment employ fundamental miscarriage justice exception safeguard compelling innocent man suffer unconstitutional loss liberty mccleskey zant internal quotation marks omitted see coleman thompson opinion dissenting denial stay execution review state capital jurisprudence thus left wonder authority federal courts reach redress constitutional errors affects legitimacy death penalty since gregg georgia upheld constitutionality death penalty sufficient procedural safeguards exist ensure state administration penalty neither arbitrary capricious see joint opinion lockett ohio time decisions issued federal courts possessed much broader authority today address claims constitutional error habeas review therefore examine adequacy state capital scheme fairness reliability decision impose death penalty particular case constrains federal courts power reach constitutional claims sentenced death undermines legitimacy capital punishment justice stevens explained dissenting opinion smith introduction inculpatory statement clearly violated smith rights established estelle smith notwithstanding view erred narrowing concept fundamental miscarriage justice cases actual innocence attempted faithfully apply actual innocence standard prior cases see dugger adams dissenting opinion therefore join justice stevens analysis actual innocence standard application standard facts case see post justice stevens justice blackmun justice join concurring judgment years ago reemphasized writ habeas corpus indisputably holds honored position jurisprudence tracing roots deep english common law claims place art constitution today prior centuries writ bulwark convictions violate fundamental fairness wainwright sykes stevens concurring engle isaac centrality fundamental fairness led hold habeas review defaulted successive abusive claim available even absent showing cause failure consider claim result fundamental miscarriage justice see sanders engle murray carrier ruled concept fundamental miscarriage justice applies cases defendant probably actually innocent held extraordinary case constitutional violation probably resulted conviction one actually innocent federal habeas may grant writ even absence showing cause procedural default equated ends justice actual innocence confronted task giving meaning actual innocence context capital sentencing proceeding hence phrase innocence death conviction innocent person may archetypal case manifest miscarriage justice case reason actual innocence must animating limiting principle work federal courts furthering ends justice judge friendly emphasized contexts irrespective guilt innocence constitutional errors violate fundamental fairness friendly innocence irrelevant collateral attack criminal judgments fundamental fairness accuracy trial justice guilt innocence nowhere true capital sentencing proceedings death penalty qualitatively morally different penalty vital importance defendant community decision impose death sentence appear consequence scrupulously fair procedures smith murray stevens dissenting accordingly ends justice dictate hen condemned prisoner raises substantial colorable eighth amendment violation special obligation consider whether prisoner claim render sentencing proceeding fundamentally unfair thus first basic error today asks wrong question charged averting manifest miscarriages justice instead narrowly recasts duty redressing cases actual innocence error aside proper interpretation carrier analysis definition innocence death plainly wrong disregards law law habeas corpus law capital punishment today holds absent showing cause federal may review capital defendant defaulted successive abusive claims unless defendant show clear convincing evidence constitutional error reasonable juror found eligible death penalty ante noted murray carrier held cases constitutional violation probably resulted conviction one actually innocent federal habeas may grant writ even absence showing cause procedural default emphasis added since frequently confirmed standard see coleman thompson dugger adams teague lane subsequent decisions involving innocence offense involving innocence death sentence employed standard proof example smith murray repeated carrier standard applied capital sentencing proceeding ruled smith claim present risk manifest miscarriage justice devoid substantial claim alleged error undermined accuracy guilt sentencing determination similarly dugger adams case involving innocence death sentence stated controlling standard whether individual defendant probably actually innocent sentence received emphasis added sum construing innocence offense innocence death sentence consistently required defendant show alleged constitutional error likely created fundamental miscarriage justice noted another context standard several strengths defines relevant inquiry way familiar courts though inquiry inevitable anything precise standard also reflects profound importance finality criminal proceedings moreover comports widely used standard assessing motions new trial based newly discovered evidence strickland washington equally significant probably resulted standard well calibrated manifest miscarriage justice exception standard respect competing demands finality fundamental fairness also fits squarely within habeas jurisprudence general federal may entertain defaulted successive abusive claim prisoner demonstrates cause prejudice see generally mccleskey zant show prejudice defendant must demonstrate reasonable probability alleged erro result proceeding different strickland see also bagley miscarriage justice exception general rule requires substantial showing defendant must simply demonstrate reasonable probability different result must show alleged error likely created manifest miscarriage justice regime makes logical sense defendant show cause show reasonable probability different outcome federal hear defaulted successive abusive claim exceptional case defendant show alleged constitutional error probably resulted conviction sentencing one innocent offense death sentence hear defendant claim today repudiates established standard proof replaces requirement defendant show clear convincing evidence reasonable juror found eligible death penalty ante emphasis supplied see reason reject established probably resulted standard impose severe burden capital defendant although frequently recognized state strong interest finality never suggested interest sufficient outweigh individual claim innocence contrary actual innocence exception manifests recognition criminal justice system occasionally errs finality must yield justice function standard proof instruct factfinder concerning degree confidence society thinks correctness factual conclusions particular type adjudication standard serves allocate risk error litigants indicate relative importance attached ultimate decision addington texas citation omitted neither considerations supports heightened standard proof imposes today justification allocating risk error fall severely upon capital defendant attaching greater importance initial sentence issue whether sentence appropriate declined attach weight capital sentences provide plain error review defaulted claims capital cases see smith murray collecting authorities regard requirement innocence death must demonstrated clear convincing evidence fails respect uniqueness death penalty decisions nowhere need accuracy greater state exercises ultimate authority takes life one citizens indeed ruling creates perverse double standard defendant raising defaulted claims noncapital case must show constitutional error probably resulted miscarriage justice capital defendant must present clear convincing evidence reasonable juror find eligible death penalty heartlessly perverse impose stringent standard proof avoid miscarriage justice capital case noncapital case sum see reason depart settled law clearly requires defendant pressing defaulted successive abusive claim show failure hear claim probably result fundamental miscarriage justice opinion corresponding standard governs defaulted successive abusive challenge capital sentence defendant must show probably likely innocent death sentence ii recognizes proper definition innocence death sentence must involve reweighing evidence must focus sentencer likely evaluation evidence thus directs federal courts look whether reasonable juror found petitioner eligible death penalty ante emphasis added nevertheless inexplicably limits inquiry two ways first holds courts consider evidence concerning aggravating factors demonstrated limitation wholly without foundation neglects central role mitigating evidence capital sentencing proceedings second requires petitioner refute eligibility death penalty narrow definition innocence death sentence fails recognize rare cases even though defendant eligible death penalty sentence may nonetheless constitute fundamental miscarriage justice well established capital cases sentencer may refuse consider precluded considering relevant mitigating evidence hitchcock dugger internal quotation marks citations omitted yet ascribing narrow meaning innocence death sentence neglects rudimentary principle recognizes single general directive animates informs capital punishment jurisprudence death penalty may imposed sentencing procedures creat substantial risk death penalty inflicted arbitrary capricious manner gregg georgia opinion stewart powell stevens applied developed years constitutional requirement yielded two central principles first sentencing scheme must genuinely narrow class persons eligible death penalty zant stephens second sentencer must precluded considering mitigating factor aspect defendant character record circumstances offense defendant proffers basis sentence less death lockett ohio opinion burger emphasis original although principles one narrowing relevant class broadening scope considered evidence seemingly point opposite directions fact serve end ensuring capital sentence product individualized reasoned moral decisionmaking backdrop law ruling startling anomaly holds innocence death sentence concerns elements render defendant eligible death penalty additional mitigating evidence constitutional error precluded introduced ante emphasis added stated bluntly today respects one two bedrock principles capital punishment jurisprudence impoverished vision capital sentencing odds doctrine theory developed many decisions concerning capital punishment first implicitly repudiates requirement sentencer allowed consider relevant mitigating evidence constitutive element eighth amendment jurisprudence reiterated applied principle dozen cases last years example eddings oklahoma overturned capital sentence sentencer refused consider certain mitigating evidence similarly skipper south carolina ruled state preclude consideration evidence postincarceration pretrial good behavior penry lynaugh held texas death penalty scheme impermissibly restricted jury consideration defendant mental retardation mitigating evidence moreover holding also clashes theory underlying capital punishment jurisprudence nonarbitrariness therefore constitutionality death penalty rests individualized sentencing determinations see generally california brown concurring difference regime upheld gregg georgia mandatory death sentence regime invalidated roberts louisiana robert scheme constitutionally infirm left room individualized moral judgments failed provide sentencer meaningful opportunity conside mitigating factors presented circumstances particular crime attributes individual offender opinion stewart powell stevens definition innocence death sentence like statutory scheme roberts focuses solely whether defendant class eligible death penalty disregards equally important question whether death appropriate punishment defendant specific case zant stephens quoting woodson north carolina definition innocent death sentence flawed second related way analysis neglects errors preclude sentencer consideration mitigating factors also focuses narrowly eligibility requires defendant call question aggravating factors found sentencer thereby show ineligible death penalty contrary suggestion however may cases although defendant remains eligible death penalty imposition death sentence constitute manifest miscarriage justice example sentencer assigning sentence death relied heavily finding defendant severely tortured victim later discovered another person responsible torture elimination aggravating circumstance cases indicate death sentence miscarriage justice imposing eligibility test definition innocent death sentence fails acknowledge important possibility sum innocent death sentence standard flawed failure consider constitutional errors implicating mitigating factors unduly harsh requirement defendant eligibility death penalty disproved iii opinion innocence death sentence standard must take account several factors first standard must reflect basic principles capital punishment jurisprudence standard must recognize need define narrowly class defendants need define broadly scope mitigating evidence permitted capital sentencer second innocence death sentence standard also recognize distinctive character capital sentencing decision question innocence guilt offense essentially question fact choice life imprisonment capital punishment question underlying fact matter reasoned moral judgment thus may situations although defendant remains technically eligible death sentence nonetheless light evidence sentence constitutes manifest miscarriage justice finally innocence death sentence standard must also respect profound importance finality criminal proceedings strickland washington heavy burden successive habeas petitions place scarce federal judicial resources mccleskey zant requirements best met standard provides defendant innocent death sentence capital sentence clearly erroneous standard encompasses several types error death sentence clearly erroneous taking account available evidence sentencer lacked legal authority impose sentence state law defendant eligible death penalty similarly case jury override death sentence clearly erroneous taking account evidence evidentiary prerequisites override established state law met see johnson singletary tjoflat concurring part dissenting part concluding sentencing judge matter law sentenced petitioner death insufficient evidence meet standard established tedder state death sentence also clearly erroneous balancing regime view evidence mitigating circumstances far outweighed aggravating circumstances reasonable sentencer imposed death penalty cf jackson virginia case might arise constitutional error either precluded defendant demonstrating aggravating circumstances obtain precluded sentencer consideration important mitigating evidence unlike standard suggested standard acknowledges aggravation mitigation aspects capital punishment law recognizes extraordinary case constitutional error may precluded consideration mitigating circumstances substantial warrant review defaulted successive abusive claim also recognizes extraordinary case constitutional error may inaccurately demonstrated aggravating circumstances substantial warrant review defendant claims moreover clearly erroneous standard duly protective state legitimate interests finality respectful systemic institutional costs successive habeas litigation standard stringent sentence plausible light record viewed entirety clearly erroneous even though convinced sitting sentencer weighed evidence differently anderson bessemer city time clearly erroneous review allows federal entertain defaulted claim rare case entire evidence left definite firm conviction mistake committed gypsum finally clearly erroneous standard workable true standard adopted mccleskey zant standard case law familiar federal courts standard objective one applied manner comports threshold nature abuse writ inquiry federal courts long applied clearly erroneous standard pursuant rule federal rules civil procedure done civil contempt actions condemnation proceedings copyright appeals forfeiture actions illegal activity childress davis standards review pp citing cases workability supports application clearly erroneous standard innocence death sentence inquiry opinion clearly erroneous standard core innocence death sentence exception defendant presses defaulted successive abusive claim show cause must demonstrate likely actually innocent offense capital defendant presses claim show cause must demonstrate likely death sentence clearly erroneous absent showing federal may reach merits defendant defaulted successive abusive claim iv remains apply standard case hand majority indicates sawyer alleges two constitutional errors first contends state withheld certain exculpatory evidence violation sawyer due process rights recognized brady maryland second sawyer argues trial counsel failure uncover present records sawyer earlier treatments psychiatric institutions deprived effective assistance counsel guaranteed sixth amendment sawyer failed assert brady claim earlier habeas petition show cause failure may reach merits abusive claim sawyer demonstrates probably actually innocent offense likely death sentence clearly erroneous sawyer ineffective assistance claim considered rejected earlier habeas proceeding may review successive claim upon similar showing upon review record entirety conclude sawyer failed make showing sawyer points two pieces exculpatory evidence allegedly withheld state first offers affidavit woman diane thibodeaux occasion took care small child witnessed crime account appears conflict contemporaneous police reports police records indicate child implicated sawyer cruel burning victim thibodeaux avers child stated sawyer codefendant charles lane set victim afire second offers affidavits casting doubt credibility cindy shano state principal witness sawyer emphasizes shano testified grant immunity highlights inaccuracies trial testimony finally part sixth amendment claim sawyer also offers medical records documenting brain damage retarded mental development viewed whole record demonstrate failure reach merits sawyer claims constitute fundamental miscarriage justice first view evidence record thibodeaux affidavit questions concerning shano testimony establish sawyer probably actually innocent crime murder thibodeaux hearsay statements cast slight doubt facts underlying burning victim similarly although challenges shano testimony raise questions affidavits demonstrate sawyer probably commit murder thus sawyer met standard actual innocence exception second affidavits new medical records convince sawyer death sentence clearly erroneous jury found two statutory aggravating factors murder committed course aggravated arson murder especially heinous atrocious cruel state sawyer la suggested thibodeaux affidavit show likely sawyer commit aggravated arson moreover sawyer offers evidence undermine jury finding murder especially heinous atrocious cruel addition assuming new medical evidence support finding statutory mitigating factor diminished capacity due mental disease defect say clear error sentencer faced two unrefuted aggravating circumstances single mitigating circumstance sentence sawyer death sum opinion sawyer failed demonstrate likely death sentence clearly erroneous accordingly conclude correct declining reach merits sawyer successive abusive claims rejects innocence death standard recognizes constitutional errors affecting mitigating evidence standard broaden inquiry ts make anything narrow exception principle finality ante foregoing analysis indicates however concerns unfounded indeed even federal courts applied less restrictive standard standard propose courts rarely found innocence death reached merits defaulted successive abusive claim see deutscher whitley stokes armontrout smith armontrout similarly share concern standard broader eligibility standard creates far difficult task federal courts ante noted probably resulted standard clearly erroneous standard long applied federal courts variety contexts moreover extent clearly erroneous standard difficult apply eligibility test believe cost far outweighed importance making decisions cases fit within narrow exception mind added administrative burden surely justified overriding interest minimizing risk error implementing sovereign decision take life one citizens observed gardner florida disputed matter critical importance time invested ascertaining truth surely well spent makes difference life death see also boyde california mckoy north carolina franklin lynaugh mills maryland hitchcock dugger bell ohio rejects argument federal courts also consider mitigating evidence consideration evidence involves far difficult task assess ing jurors reacted additional showings ante see difference consideration aggravating mitigating circumstances require federal courts reconsider anticipate sentencer decision standard federal courts must determine whether reasonable juror found certain facts thus reason barring federal courts considering mitigating circumstances applies equally standard endorses exclusion mitigating evidence consideration therefore wholly arbitrary courts also reviewed nonguilt findings fact made criminal cases pursuant rule federal rules criminal procedure standard see childress davis standards review pp citing cases see art west defining mitigating circumstances include fact capacity offender appreciate criminality conduct conform conduct requirements law impaired result mental disease defect time offense