Sawyer v. Whitley, 505 U.S. 333, 3 (1992)

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Cite as: 505 U. S. 333 (1992)

Opinion of the Court

his guilt or innocence and the first aggravating circumstance, it fails to show that no rational juror would find both of the aggravating factors. The murder was especially cruel, atrocious, and heinous quite apart from the arson, and, even crediting the hearsay statement, it cannot be said that no reasonable juror would have found that he was guilty of the arson for his participation under Louisiana law. Pp. 347-350.

945 F. 2d 812, affirmed.

Rehnquist, C. J., delivered the opinion of the Court, in which White, Scalia, Kennedy, Souter, and Thomas, JJ., joined. Blackmun, J., filed an opinion concurring in the judgment, post, p. 350. Stevens, J., filed an opinion concurring in the judgment, in which Blackmun and O'Connor, JJ., joined, post, p. 360.

R. Neal Walker argued the cause for petitioner. With him on the briefs were Nicholas J. Trenticosta and Sarah L. Ottinger.

Dorothy A. Pendergast argued the cause for respondent.

With her on the brief was John M. Mamoulides.

Paul J. Larkin, Jr., argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Solicitor General Starr, Assistant Attorney General Mueller, Deputy Solicitor General Roberts, and Associate Deputy Attorney General McBride.*

Chief Justice Rehnquist delivered the opinion of the Court.

The issue before the Court is the standard for determining whether a petitioner bringing a successive, abusive, or defaulted federal habeas claim has shown he is "actually innocent" of the death penalty to which he has been sentenced so that the court may reach the merits of the claim. Robert Wayne Sawyer, the petitioner in this case, filed a second

*Douglas G. Robinson, Julius L. Chambers, George H. Kendall, and Larry W. Yackle filed a brief for the NAACP Legal Defense and Educational Fund, Inc., as amicus curiae urging reversal.

Kent Scheidegger and Charles L. Hobson filed a brief for the Criminal Justice Legal Foundation as amicus curiae urging affirmance.

335

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