Can a petitioner whose petition for habeas corpus is procedurally barred obtain consideration of the merits of his petition if he can establish that he is innocent?
MultiRegion, United States of America
The following excerpt is from Romero v. Kernan, Case No.: 14cv1284-GPC(BLM) (S.D. Cal. 2018):
22. However, a petitioner whose petition for habeas corpus is procedurally barred may still obtain consideration of the merits of his petition if he can establish "actual innocence." See Schlup v. Delo, 513 U.S. 298, 314 (1995). This doctrine is not applicable to the instant case.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test to overcome a state procedural bar on a habeas petition? (MultiRegion, United States of America)
Can Alaimalo bring a second petition for habeas corpus pursuant to Section 2255(e) of the Civil Procedure Act? (MultiRegion, United States of America)
If a state court denies a petition for post conviction relief on procedural grounds, can the petitioner still use the proper procedure? (MultiRegion, United States of America)
What is the test for dismissing a petition for habeas corpus as time-barred? (MultiRegion, United States of America)
Can a Federal Habeas Corpus Petitions Petitions be brought before the Court? (MultiRegion, United States of America)
Does section 2241 of the Habeas corpus act as a substitute for a motion of habeas corpus? (MultiRegion, United States of America)
What is the test for establishing a "new constitutional rule of criminal procedure" in the context of habeas corpus? (MultiRegion, United States of America)
Can a habeas petition be dismissed for abuse of the writ if it asserts that the petitioner can have raised the same claim in the previous petition? (MultiRegion, United States of America)
What are the implications of a district court's dismissal of a petition for writ of habeas corpus on the grounds of procedural default? (MultiRegion, United States of America)
Does a dismissal of a second habeas petition require the petitioner to file a second petition? (MultiRegion, United States of America)
