Cite as: 509 U. S. 823 (1993)
Blackmun, J., dissenting
II
The Court's second error is that it lets stand the District Court's decision denying Blair's claim without an evidentiary hearing. In Herrera v. Collins, 506 U. S. 390 (1993), this Court assumed that "in a capital case a truly persuasive demonstration of 'actual innocence' made after trial would render the execution of a defendant unconstitutional, and warrant federal habeas relief if there were no state avenue open to process such a claim." Id., at 417. The Court provided little guidance about what sort of showing would be "truly persuasive." Yet despite the uncertain contours of this constitutional right, federal courts have an obligation to treat actual-innocence claims just as they would any other constitutional claim brought pursuant to 28 U. S. C. § 2254. The rules governing federal habeas, not addressed by the Herrera majority, provide that "[a] district court may summarily dismiss a habeas petition only if 'it plainly appears from the face of the petition and any exhibits annexed to it that the petitioner is not entitled to relief.' 28 U. S. C. § 2254 Rule 4." 506 U. S., at 445 (dissenting opinion). "If . . . the petition raises factual questions and the State has failed to provide a full and fair hearing, the district court is required to hold an evidentiary hearing." Id., at 441 (emphasis added), citing Townsend v. Sain, 372 U. S. 293, 313 (1963).
In this case, Blair has submitted seven affidavits tending to show that he is innocent of the crime for which he has been sentenced to death. The State does not dispute that no state court remains open to hear Blair's claim. Because Blair's affidavits raise factual questions that cannot be dismissed summarily, the District Court erred in denying petitioner's claim without an evidentiary hearing.
825
Last modified: October 4, 2007