Legal Opinion
Lee v. Lampert
Court of Appeals for the Ninth Circuit
Decided August 2, 2011No. 09-35276PublishedCited by 296 opinions
1Opinion of the Court
Opinion by Judge THOMAS; Concurrence by Chief Judge KOZINSKI.
OPINION
THOMAS, Circuit Judge:
This appeal presents the question of whether a credible showing of “actual innocence” under Schlup v. Delo, 513 U.S. 298, 115 S.Ct. 851, 130 L.Ed.2d 808 (1995), excuses the statute of limitations period established by the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”), 28 U.S.C. § 2241 et seq. We conclude that it does, but that the petitioner failed to present sufficient evidence of actual innocence to permit review of his constitutional claims on the merits. We reverse the judgment of…
2Cases cited49 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Anders v. CaliforniaSupreme Court of the United States · 1967
- Slack v. McDanielSupreme Court of the United States · 2000
- Coleman v. ThompsonSupreme Court of the United States · 1991
- In Re WINSHIPSupreme Court of the United States · 1970
44 more not listed; retrieve them via the Exa API.
3Cited by296 opinions
- Rivas v. FischerCourt of Appeals for the Second Circuit · 2012
- Rozzelle v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2012
- Jeffrey Ford v. Fernando GonzalezCourt of Appeals for the Ninth Circuit · 2012
- Childers v. CrowCourt of Appeals for the Tenth Circuit · 2021
- Larsen v. SotoCourt of Appeals for the Ninth Circuit · 2013
291 more not listed; retrieve them via the Exa API.