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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- SAWYER v. WHITLEY, WARDEN
- certiorari to the united states court of appeals for
- the fifth circuit
- No. 91-6382. Argued February 25, 1992-Decided June 22, 1992
-
- A Louisiana jury convicted petitioner Sawyer and sentenced him to
- death for a murder in which the victim was beaten, scalded with
- boiling water, and set afire. His conviction and sentence were upheld
- on appeal, and his petitions for state postconviction relief, as well as
- his first petition for federal habeas relief, were denied. In a second
- federal habeas petition, the District Court barred as abusive or
- successive Sawyer's claims, inter alia, that the police failed to pro-
- duce exculpatory evidence-evidence challenging a prosecution
- witness' credibility and a child witness' statements that Sawyer had
- tried to prevent an accomplice from setting fire to the victim-in
- violation of his due process rights under Brady v. Maryland,
- 373 U.S. 83; and that his trial counsel's failure to introduce mental
- health records as mitigating evidence in his trial's sentencing phase
- constituted ineffective assistance of counsel. The Court of Appeals af-
- firmed, holding that Sawyer had not shown cause for failure to raise
- his claims in his earlier petition, and that it could not otherwise
- reach the claims' merits because he had not shown that he was
- ``actually innocent'' of the death penalty under Louisiana law.
- Held:
- 1.To show ``actual innocence'' one must show by clear and convinc-
- ing evidence that but for a constitutional error, no reasonable juror
- would have found the petitioner eligible for the death penalty under
- the applicable state law. Pp.4-13.
- (a)Generally, a habeas petitioner must show cause and prejudice
- before a court will reach the merits of a successive, abusive, or
- defaulted claim. Even if he cannot meet this standard, a court may
- hear the merits of such claims if failure to hear them would result
- in a miscarriage of justice. See, e. g., Kuhlman v. Wilson, 477 U.S.
- 436. The miscarriage of justice exception applies where a petitioner
- is ``actually innocent'' of the crime of which he was convicted or the
- penalty which was imposed. While it is not easy to define what is
- meant by ``actually innocent'' of the death penalty, the exception is
- very narrow and must be determined by relatively objective stan-
- dards. Pp.4-7.
- (b)In order to avoid arbitrary and capricious impositions of the
- death sentence, States have adopted narrowing factors to limit the
- class of offenders upon which the death penalty may be imposed, as
- evidenced by Louisiana's definition of capital murder as something
- more than intentional killing and its requirement that before a jury
- may recommend death, it must determine that at least one of a list
- of statutory aggravating factors exists. Once eligibility for the death
- penalty is established, however, the emphasis shifts from narrowing
- the class of eligible defendants by objective factors to individualized
- consideration of a particular defendant by the introduction of mitigat-
- ing evidence. Within this framework, the Court of Appeals applied
- the proper standard to determine ``actual innocence'' when it required
- Sawyer to base his showing that no reasonable juror would have
- found him eligible for the death penalty under Louisiana law on the
- elements of the crime itself and the existence of aggravating circum-
- stances, but not the existence of additional mitigating evidence that
- was not introduced as a result of a claimed constitutional error. This
- standard hones in on the objective factors that must be shown to
- exist before a defendant is eligible to have the death penalty imposed.
- The adoption of stricter a definition, which would limit any showing
- to the elements of the crime, is rejected, since, by stating in Smith
- v. Murray, 477 U.S. 527, 537, that actual innocence could mean
- innocent of the death penalty, this Court suggested a more expansive
- meaning than simply innocence of the capital offense itself. Also
- rejected is a more lenient definition, which would allow the showing
- to extend beyond the elements of the crime and the aggravating
- factors, to include mitigating evidence which bears, not on the
- defendant's eligibility to receive the death penalty, but only on the
- ultimate discretionary decision between that penalty and life impris-
- onment. Including mitigating factors would make actual innocence
- mean little more than what is already required to show prejudice for
- purposes of securing habeas relief and would broaden the inquiry
- beyond what is a narrow exception to the principle of finality.
- Pp.8-13.
- 2.Sawyer has failed to show that he is actually innocent of the
- death penalty to which he has been sentenced. The psychological
- evidence allegedly kept from the jury does not relate to his guilt or
- innocence of the crime or to the aggravating factors found by the
- jury-that the murder was committed in the course of an aggravated
- arson, and that it was especially cruel, atrocious, or heinous-which
- made him eligible for the death penalty. Nor can it be said that had
- this evidence been before the jury a reasonable juror would not have
- found both of the aggravating factors. The evidence allegedly kept
- from the jury due to an alleged Brady violation also fails to show
- actual innocence. Latter-day impeachment evidence seldom, if ever,
- makes a clear and convincing showing that no reasonable juror would
- have believed the heart of the witness' account. While the statement
- that Sawyer did not set fire to the victim goes to the jury's finding
- of aggravated arson and, thus, to his guilt or innocence and the first
- aggravating circumstance, it fails to show that no rational juror
- would find both of the aggravating factors. The murder was especial-
- ly cruel, atrocious, and heinous quite apart from the arson, and, even
- crediting the hearsay statement, it cannot be said that no reasonable
- juror would have found that he was guilty of the arson for his
- participation under Louisiana law. Pp.13-16.
- 945 F.2d 812, affirmed.
-
- 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. Stevens, J., filed an
- opinion concurring in the judgment, in which Blackmun and O'Con-
- nor, JJ., joined.
-