What does it mean that an error is harmless?
Well, here is what seems to be a pretty good example. Suppose a jury is told that the perpetrator's DNA matches the defendant's, and that the chance of that being a coincidence is 1 in 43,000,000,000,000,000,000,000. Later, an error is discovered in the database from which that figure was generated. It should have been 1 in 40,000,000,000,000,000,000,000. Does that matter? Either one equals waaaaaaay less than reasonable doubt.
If I understand this AP article by Michael Graczyk correctly, that is the claim that caused the Texas Court of Criminal Appeals to stay the execution of Clifton Lamar Williams for the brutal beating, stabbing, and arson death of Cecelia Schneider, 93, of Tyler, Texas.
Still, to the extent there is any confusion on an issue affecting the actual guilt determination, it is right to be super careful. On the other hand, we should have a rule against last-minute stays on issues that have nothing to do with guilt, say no less than 30 days before the execution.
Well, here is what seems to be a pretty good example. Suppose a jury is told that the perpetrator's DNA matches the defendant's, and that the chance of that being a coincidence is 1 in 43,000,000,000,000,000,000,000. Later, an error is discovered in the database from which that figure was generated. It should have been 1 in 40,000,000,000,000,000,000,000. Does that matter? Either one equals waaaaaaay less than reasonable doubt.
If I understand this AP article by Michael Graczyk correctly, that is the claim that caused the Texas Court of Criminal Appeals to stay the execution of Clifton Lamar Williams for the brutal beating, stabbing, and arson death of Cecelia Schneider, 93, of Tyler, Texas.
Still, to the extent there is any confusion on an issue affecting the actual guilt determination, it is right to be super careful. On the other hand, we should have a rule against last-minute stays on issues that have nothing to do with guilt, say no less than 30 days before the execution.
This is a fetish masquerading as law. And the court permitted an ambush to get a stay. The evidence is overwhelming, and the attorneys should be sanctioned.