The following excerpt is from Dixon v. Yates, No. 2:10-cv-0631 JAM AC P (E.D. Cal. 2014):
Evidence to support the defense theories regarding the gun and regarding petitioner's mental state was developed post-conviction to support petitioner's claim for habeas relief under Strickland v. Washington, 466 U.S. 668 (1984). The same evidence is offered here to establish petitioner's factual innocence of implied-malice murder, and thereby escape the harsh consequences of AEDPA's statute of limitations.
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