New court decisions and scientific studies contain the seeds of vindication. And they are often at the heart of newly discovered evidence claims. But strained through prison bars, this knowledge comes too little too late. Procedural default rules rarely take cognizance of post-conviction realities. Between a pro se prisoner and the state there is no equality of knowledge. So it is that an information gap forestalls justice in arson cases.
The linchpin of justice is the law library and knowledge the great leveler. Still prisoners representing themselves are under resourced and disadvantaged. And without a right to post-conviction counsel, creating new information is daunting. This is the picture of knowledge-based problems founded on ineffective assistance of trial counsel, the unrecognized right to post-conviction counsel, and the conditions of confinement.
Mishandling Scientific Evidence
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