[24] If the national innocence rate were 6% instead of the estimated 4%, then innocents in / outside California would respectively have 11% / 47% exoneration chances. Note well that the authors of Rate of False Conviction--one of the two sources for the nationwide 4% estimate--adopt the baseline assumption that so much attention is given to death penalty convicts that an innocent's exoneration is ultimately guaranteed, if only he survives for a long enough time. California's grossly sub-par exoneration rate renders that assumption impossibly conservative.
[25] In re Roberts, 29 Cal. 4th726 (2003).
[26] See Tossed death penalty may signal shift on California Supreme Court, San Francisco Chronicle, Aug. 24, 2016:
[The CSC] has continued to uphold a large majority of the death sentences it has considered until six weeks ago. Since then, the court has overturned four out of seven death verdicts.
[27] People v. Clark, S066940 (Cal. 6-27-2016), at 161 (dispositively following People v. Seumanu, 61 Cal.4th 1293, 1375 (2015)).
[28] Gov. Jerry Brown to consider clemency for death row inmate Kevin Cooper, Inland Valley Daily Bulletin, Apr. 16, 2016.
(Article changed on October 14, 2016 at 20:25)
(Article changed on October 16, 2016 at 05:22)
(Article changed on October 16, 2016 at 11:54)
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