Legal Opinion
Schlup v. Delo
Supreme Court of the United States
Decided January 23, 1995No. 93-7901PublishedCited by 7,412 opinions
1Opinion of the CourtJustice Stevens
Petitioner Lloyd E. Schlup, Jr., a Missouri prisoner currently under a sentence of death, filed a second federal habeas corpus petition alleging that constitutional error deprived the jury of critical evidence that would have established his innocence. The District Court, without conducting an evidentiary hearing, declined to reach the merits of the petition, holding that petitioner could not satisfy the threshold showing of “actual innocence” required by Sawyer v. Whitley, 505 U. S. 333 (1992). Under Sawyer, the petitioner must show “by clear and convincing evidence that, but for a…
2Cases cited36 opinions
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3Cited by7,412 opinions
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