Actual Innocence Can Trump Time Bar, High Court Rules

Law360, New York (May 28, 2013, 5:31 PM EDT) -- The U.S. Supreme Court on Tuesday ruled that there is an actual innocence exception to time or procedural restrictions — such as the Antiterrorism and Effective Death Penalty Act's statute of limitations — on the ability to bring a federal habeas corpus petition.

In a 5-4 decision written by Justice Ruth Bader Ginsburg, the high court found that actual innocence, if proved, acts as a gateway through which a habeas petitioner can pass, whether the restriction is a procedural one, as it was in Schlup v....
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