USA - The U.S. Supreme Court opens to evidence submitted well after the original trial

The U.S. Supreme Court today handed down what could be a significant decision opening the door, at least slightly, in murder cases where defendants claim they are innocent and want the court to consider new evidence submitted well after the original trial. Chad Readler, a partner with the Jones Day law firm in Columbus, was appointed lead attorney for Floyd Perkins, a Michigan man serving a life sentence on his conviction for the March 4, 1993 murder of Rodney Henderson. The sentence became final in 1997. Long after the original trial, Perkins' attorneys submitted new evidence they said could prove his innocence. However, that submission ran afoul of the federal Antiterrorism and Effective Death Penalty Act of 1996 which set a 1-year deadline for submission of new evidence after the original trial court decision. Readler was joined in his case by the Innocence Project of Cincinnati and former Ohio Attorney General Jim Petro, among others, in arguing that Perkins should have a chance to provide credible evidence regardless of the deadline. The 5-4 ruling written by Justice Ruth Bader Ginsburg concluded that there should be a "gateway," albeit narrow, though which offenders can pass if they are able to make a credible case for their innocence regardless of the passage of a deadline. Chief Justice John G. Roberts and Justice Antonin Scalia were among the dissenters. The high count sent the case back to the 6th U.S. Circuit Court of Appeals in Cincinnati for consideration on that point.