Is Georgia going to execute an Innocent man?

[MysticCat]

Originally Posted by AOEforme

So (just to make sure I am understanding this), SCOTUS will be able to evaluate if there was coercion, a mistrial, falsified evidence, etc. but not be able to evaluate if the prosecution actually proved guilt?

Close. SCOTUS will be able to review decisions of lower courts about these things to determine whether the lower courts committed some error or need to reconsider anything. This includes whatever may be in the record about the evidence offered at trial or the degree to which evidence might be questionable. Ultimately, this could include a finding such as that jury heard evidence that it should not have heard, rendering its verdict unreliable.

In such a case, the result is a new trial, so that a new jury can hear the proper evidence (assuming the prosecution doesn't drop the case), because only a jury can determine guilt.

[AOEforme]

Originally Posted by MysticCat

Close. SCOTUS will be able to review decisions of lower courts about these things to determine whether the lower courts committed some error or need to reconsider anything. This includes whatever may be in the record about the evidence offered at trial or the degree to which evidence might be questionable. Ultimately, this could include a finding such as that jury heard evidence that it should not have heard, rendering its verdict unreliable.

In such a case, the result is a new trial, so that a new jury can hear the proper evidence (assuming the prosecution doesn't drop the case), because only a jury can determine guilt.

Thanks for the explanation.