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The Maryland Court of Appeals affirmed his sentence in 1991. With the help of new counsel, Wiggins sought postconviction relief, challenging the quality of his initial lawyers. Wiggins claimed his lawyers failed to investigate and present mitigating evidence (evidence that may lessen responsibility for a crime) of his horrendous physical and sexual abuse as a child. The sentencing jury never heard that he was starved, that his mother punished him by burning his hand on the stove, and that after the state put him in foster care at age six, he suffered more physical and sexual abuse.

Campbell, in challenging the Capital Punishment constitutionality of hanging under the Washington statute, claimed that execution by hanging violated his Eighth Amendment right because it was a cruel and unusual punishment. Furthermore, the direction that he be hanged unless he chose lethal injection was a cruel and unusual punishment. He claimed that such instruction further violated his First Amendment right by forcing him to participate in his own execution to avoid hanging. In Campbell v. 3d.

Schlup’s lawyers argued that the district court should have used another ruling (Murray v. S. ’’ The appellate court affirmed the district court’s ruling, noting that Schlup’s guilt, which had been proven at the trial, barred any consideration of his constitutional claim. S. Supreme Court, on appeal, reviewed the case to determine whether the Sawyer standard provides enough protection from a miscarriage of justice that would result from the execution of an innocent person. In Schlup v. S. 298, 1995), the Court observed, ‘‘If a petitioner such as Schlup presents evidence of innocence so strong that a court cannot have confidence in the outcome of the trial .

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