Topic: new reliable evidence-whether it be exculpatory scientific … · Go Syfert
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Topic #49

5 canonical passages across 3 cases, quoted by 3,330 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Schlup v. Delo.

#Case FlagCanonical passage Citers
1 Schlup v. Delo Anchor
scotus · 1995
red “new reliable evidence-whether it be exculpatory scientific evidence, trustworthy eyewitness accounts, or critical physical evidence-that was not presented at trial.” 1,539
2 Bousley v. United States
scotus · 1998
green “factual innocence, not mere legal insufficiency.” 835
3 Bousley v. United States
scotus · 1998
green “in light of all the evidence, it is more likely than not that no reasonable juror would have convicted him.” 395
4 McQuiggin v. Perkins
scotus · 2013
green “actual innocence, if proved, serves as a gateway through which a petitioner may pass” 323
5 Bousley v. United States
scotus · 1998
green “where a defendant has procedurally defaulted a claim by failing to raise it on direct review, the claim may be raised in habeas only if the defendant can first demonstrate either 'cause' and actual 'prejudice,' or that he is 'actually innocent.” 238

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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