Legal Opinion · Dissent

Lloyd E. Schlup v. Paul K. Delo

Court of Appeals for the Eighth Circuit

Decided November 17, 1993No. 93-3272Published

1DissentHeaney, Senior Circuit Judge

Lloyd Eugene Schlup has presented truly persuasive evidence that he is actually innocent of the murder of his fellow inmate Arthur “Stump” Dade. Five eyewitnesses to the murder have provided sworn testimony that Schlup neither participated in the murder nor was present at the time. Both Schlup and his mother begged trial counsel (and subsequent counsel) to interview inmates housed in cells near the site of the murder, but none did so. Consequently their testimony was not heard by the jury that convicted Schlup and sentenced him to death. Moreover, their testimony has not been heard in open…

2Cases cited20 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Herrera v. CollinsSupreme Court of the United States · 1993
  4. Hoffman v. United StatesSupreme Court of the United States · 1951
  5. Sawyer v. WhitleySupreme Court of the United States · 1992

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