Is it unconstitutional to execute an innocent person?

In his dissent in In Re Troy Anthony Davis, No.08-1443 (Aug. 17, 2009), Justice Scalia reminded us that the Supreme Court has never so held. But in Davis, the Court for the first time in nearly  50 years ordered that the petition for a writ of habeas corpus be transferred to the lower court to determine whether the defendant was in fact actually innocent. Read Sheila Murphy's ruminations on the case in the latest ISBA Human Rights newsletter. You'll find the Davis opinion here.