New Podcast Episode: Schrödinger's Innocence Right
Dan and I talk about Gutierrez v. Saenz
The latest episode of the Divided Argument podcast, Schrödinger's Innocence Right, is now up:
We talk a bit more about Trump v. CASA, revisit the usage of "general," answer some voicemails, and then turn to Gutierrez v. Saenz, a procedural tangle about whether a death row inmate can sue a state prosecutor over access to DNA testing.
Feel free to comment below
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Shouldn't the title for the spinoff chit-chat podcast with material not relevant to the legal analysis be "Dicta"?
Will references the idea of a defendant having "a liberty interest in being moved from death row to prison." Would it not be more accurate --- and more elegant? --- to say a defendant has a "life interest" in that move? I believe there is considerable SCOTUS discourse about "life interest" in a capital clemency procedure case, Ohio Adult Parole Authority v. Woodard, 523 U.S. 272 (1998).