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SAWYER v. WHITLEY

No. 91-6382.

505 U.S. 333 (1992)

SAWYER v. WHITLEY, WARDEN

United States Supreme Court.

Decided June 22, 1992.

Attorney(s) appearing for the Case

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.*

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, p. 350. Stevens, J., filed an opinion concurring in the judgment, in which Blackmun and O'Connor, JJ., joined, p. 360.

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 federal habeas...

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