Political Quotes

Joe Cunningham: “If you can demonstrate there is newly discovered evidence which you couldn't have easily and reasonably discovered the…”

On the recordFebruary 8, 1995
If you can demonstrate there is newly discovered evidence which you couldn't have easily and reasonably discovered the first time around, and if it's clear and convincing evidence that if it goes before a court would result in innocence, then you can go produce that. Mr. Chairman, it is clearly written into our bill. What we say here is based on a factual predicate that could not have been discovered through the exercise of reasonable diligence in time to present the claim for State or Federal postconviction review the first time around, and the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error no reasonable factfinder would have found the petitioner guilty of the underlying offense.
Said by
Joe Cunningham
South Carolina

Editor's note · Context

Discussing provisions related to newly discovered evidence in postconviction review.

Share

More from Joe Cunningham

Feb 5, 2020

Exposing our vibrant ocean resources to incredibly loud seismic airgun blasting and dangerous offshore drilling is simply not worth the risk.

congress.gov
Feb 5, 2020

I look forward to working with my colleagues on the committee and the members of this distinguished panel to get this bill across the finish line and ensure that our veterans who lose their homes to natural disaster have the support that…

congress.gov
Feb 5, 2020

The United States has reduced emissions more than the next 12 countries combined over the last 15 years.

congress.gov
Feb 5, 2020

We have a national epidemic of drinking water contamination by lead.

congress.gov

Other voices in this conversation