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8 Nevada opinions name it 1 courts 2015–2021 2 in the last five years
The cases below were cited by Nevada courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Schlup v. Delored2 sentences2021To succeed he had to "show that it is more likely than not that no reasonable juror would have convicted him in light of . . . new evidence." Berry v. State, 131 Nev. 957 , 966, 363 P.3d 1148 , 1154 (2015) (internal quotation marks omitted); see also House v. Bell, 547 U.S. 518, 537 (2006) ("[A] gateway claim requires 'new reliable evidence—whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence—that was not presented at trial.'" (quoting Schlup v. Delo, 513 U.S. 298, 324 (1995))); Schlup, 513 U.S. at 316 ("Without any new evidence of innoc 2021To succeed he had to "show that it is more likely than not that no reasonable juror would have convicted him in light of . . . new evidence." Berry v. State, 131 Nev. 957 , 966, 363 P.3d 1148 , 1154 (2015) (internal quotation marks omitted); see also House v. Bell, 547 U.S. 518, 537 (2006) ("[A] gateway claim requires 'new reliable evidence—whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence—that was not presented at trial.'" (quoting Schlup v. Delo, 513 U.S. 298, 324 (1995))); Schlup, 513 U.S. at 316 ("Without any new evidence of innoc | 8 | 8 |
House v. Bellgreen2 sentences2021To succeed he had to "show that it is more likely than not that no reasonable juror would have convicted him in light of . . . new evidence." Berry v. State, 131 Nev. 957 , 966, 363 P.3d 1148 , 1154 (2015) (internal quotation marks omitted); see also House v. Bell, 547 U.S. 518, 537 (2006) ("[A] gateway claim requires 'new reliable evidence—whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence—that was not presented at trial.'" (quoting Schlup v. Delo, 513 U.S. 298, 324 (1995))); Schlup, 513 U.S. at 316 ("Without any new evidence of innoc 2021To claim a fundamental miscarriage of justice based on actual innocence of the crime, a petitioner must show that "it is more likely than not that no reasonable juror would have convicted him in light of . . . new evidence." Calderon v. Thompson, 523 U.S. 538, 559 (1998) (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)); see also House v. Bell, 547 U.S. 518, 537 (2006) C[A] gateway claim requires 'new reliable evidence—whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence—that was not presented at trial."' (quoting Schlup, 513 U.S. at 32 | 6 | 6 |
Pellegrini v. Stategreen2 sentences2021To claim a fundamental miscarriage of justice based on actual innocence of the crime, a petitioner must show that "it is more likely than not that no reasonable juror would have convicted him in light of . . . new evidence." Calderon v. Thompson, 523 U.S. 538, 559 (1998) (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)); see also House v. Bell, 547 U.S. 518, 537 (2006) C[A] gateway claim requires 'new reliable evidence—whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence—that was not presented at trial."' (quoting Schlup, 513 U.S. at 32 2021To claim a fundamental miscarriage of justice based on actual innocence of the crime, a petitioner must show that "it is more likely than not that no reasonable juror would have convicted him in light of . . . new evidence." Calderon v. Thompson, 523 U.S. 538, 559 (1998) (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)); see also House v. Bell, 547 U.S. 518, 537 (2006) C[A] gateway claim requires 'new reliable evidence—whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence—that was not presented at trial."' (quoting Schlup, 513 U.S. at 32 | 1 | 3 |
Mazzan v. Warden, Nevada State Prisongreen2 sentences2021To claim a fundamental miscarriage of justice based on actual innocence of the crime, a petitioner must show that "it is more likely than not that no reasonable juror would have convicted him in light of . . . new evidence." Calderon v. Thompson, 523 U.S. 538, 559 (1998) (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)); see also House v. Bell, 547 U.S. 518, 537 (2006) C[A] gateway claim requires 'new reliable evidence—whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence—that was not presented at trial."' (quoting Schlup, 513 U.S. at 32 2021To claim a fundamental miscarriage of justice based on actual innocence of the crime, a petitioner must show that "it is more likely than not that no reasonable juror would have convicted him in light of . . . new evidence." Calderon v. Thompson, 523 U.S. 538, 559 (1998) (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)); see also House v. Bell, 547 U.S. 518, 537 (2006) C[A] gateway claim requires 'new reliable evidence—whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence—that was not presented at trial."' (quoting Schlup, 513 U.S. at 32 | 1 | 1 |
Mitchell v. Stategreen2 sentences2021In this context, "actual innocence means factual innocence, not mere legal insufficiency." Mitchell v. State, 122 Nev. 1269, 1273-74 , 149 P.3d 33, 36 (2006) (internal quotation marks and alteration omitted). 2021In this context, "actual innocence means factual innocence, not mere legal insufficiency." Mitchell v. State, 122 Nev. 1269, 1273-74 , 149 P.3d 33, 36 (2006) (internal quotation marks and alteration omitted). | 1 | 1 |
Calderon v. Thompsongreen1 sentence2021To claim a fundamental miscarriage of justice based on actual innocence of the crime, a petitioner must show that "it is more likely than not that no reasonable juror would have convicted him in light of . . . new evidence." Calderon v. Thompson, 523 U.S. 538, 559 (1998) (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)); see also House v. Bell, 547 U.S. 518, 537 (2006) C[A] gateway claim requires 'new reliable evidence—whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence—that was not presented at trial."' (quoting Schlup, 513 U.S. at 32 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Nevada. Read the followed side critically anyway. | ||
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.