and i think it meets that standard and that's the reason this case was stayed. >> you have to come forward and say we have evidence of actual innocence, right? >> in texas, yes. >> how has the process for this developed? we have seen largely because of the innocence project, i have to say, a pioneering use of dna evidence. how is that affected how the legal regime across the country deals with appeals. >> dramatically. what basically has happened in the last six years, six states have repealed capital punishment which now makes all together 18 that say it is illegal. but there are another eight that have not executing anybody and have not giving out death sentences in ten years. governors in pennsylvania, the