MISSING THE FOREST FOR THE TREES: FEDERAL HABEAS CORPUS AND THE PIECEMEAL PROBLEM IN ACTUAL INNOCENCE CASES

The DNA exoneration data stemming from the Innocence Movement exposes a harsh reality in our criminal justice system: existing post-conviction review procedures fail to accurately identify and remedy wrongful convictions of the innocent. While the layers of review available to prisoners are seemingly exhaustive, in fact, the actually innocent prisoner is confronted with little more than a facade of protection. This Article is inspired by Alfred Trenkler (Trenkler), whose story provides an illustration of the piecemeal problem. Trenkler has been incarcerated in federal prison for twenty years for a crime he did not commit. Since his trial in 1993, the evidence originally supporting Trenkler's murder conviction has been roundly discredited, piece by piece. Virtually all of the circumstantial trial evidence has been undermined by new and more reliable information. In the process, numerous federal district and appellate courts have reviewed Trenkler's conviction, at times acknowledging fault with the trial evidence.