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Name: Griffin v. Johnson
Case #: 01-36157
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/20/2003
Subsequent History: 4/19/04 cert. den.

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.