The Schlup (Schlup v. Delo (1995) 513 U.S. 298) “actual innocence” gateway to federal habeas corpus relief requires merely presentation of “newly presented ” evidence (and not the more restrictive “newly discovered” evidence. However, this petitioner did not present “new” evidence which would lead a reasonable juror to conclude that he could not form the necessary criminal intent to commit a murder over twenty years later, so relief was denied.
Case Summaries