COURT RULING LIMITS DEATH-ROW APPEALS

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, January 26, 1993                   TAG: 9301260047
SECTION: NATIONAL/INTERNATIONAL                    PAGE: A10   EDITION: METRO 
SOURCE: Associated Press
DATELINE: WASHINGTON                                LENGTH: Medium
COURT RULING LIMITS DEATH-ROW APPEALS
The Supreme Court said Monday that Texas may execute a man who claims to have new evidence of innocence, ruling that inmates convicted in state courts almost always are barred from contesting guilt in a federal appeal.
"A claim of actual innocence is not itself a constitutional claim," Chief Justice William Rehnquist said in a 6-3 ruling. Executive clemency is the "fail safe" method to keep the truly innocent from being put to death, he wrote in upholding a Texas man's murder conviction and death sentence.
In a stinging dissent, Justice Harry Blackmun said, "The execution of a person who can show that he is innocent comes perilously close to simple murder."
If a defendant's rights depend on a governor's decision on clemency, Blackmun said, "then we no longer live under a government of laws."
The ruling limited federal judges' roles in sparing innocent people from death. But left undecided was whether the Constitution allows the execution of someone who can prove true innocence.
In other action Monday, the court:
Voted 5-4 to uphold another Texas killer's death sentence. The court said Gary Graham cannot challenge a now-discarded state law that limited a jury's consideration of mitigating evidence.
Reinstated an Arkansas murderer's death sentence. The 7-2 decision said lower courts wrongly let Bobby Ray Fretwell argue that he was denied adequate legal help at his sentencing trial.
Ruled unanimously in an Illinois case that criminal co-defendants who point the finger of blame at each other are not necessarily entitled to separate trials.
Texas defendant Leonel Herrera was sentenced to death for the 1981 killing of Los Fresnos police officer Enrique Carrisalez, who had stopped him for speeding.
Rehnquist said federal courts can hear such appeals only if a criminal conviction "offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental."
Blackmun in dissent said, "I believe it is contrary to any standard of decency to execute someone who is actually innocent."

by Bhavesh Jinadra by CNB