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Schlup Vs. Delo
Cites for this judgment
- US Supreme Court
- Oct 03, 1994
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U.S. 298 (1994) October Term, 1994 Syllabus Schlup V. DeloSearch
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required by Sawyer v. WhitleySearch
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The standard of Murray v. CarrierSearch
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of his constitutional claims. Pp. 313-332. (a) In contrast to the actual innocence claim asserted in Herrera v. CollinsSearch
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showing, is by no means equivalent to the standard governing review of insufficient evidence claims. Jackson v. VirginiaSearch
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the jury sentenced Schlup to death. The Missouri Supreme Court affirmed Schlup's conviction and death sentence, State v. SchlupSearch
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S. W. 2d 236 (Mo. 1987), and this Court denied certiorari, Schlup v. MissouriSearch
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the crime were convicted in earlier, separate trials. O'Neal, who did the stabbing, was sentenced to death, see State v. O'NealSearch
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an evidentiary hearing.15 The Court of Appeals affirmed, though it did not rely on the alleged procedural bar. Schlup v. ArmontroutSearch
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Id., at 639.16 But cf. 11 F.3d 738 , 746, without eligibility for probation or parole, see State v. StewartSearch
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Schlup's motion for postconviction relief was affirmed by the Missouri Supreme Court on October 18, 1988. See Schlup v. StateSearch
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the ineffectiveness claim in his state postconviction motion, but had failed to raise it on appeal. See Schlup v. ArmontroutSearch
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his counsel had been ineffective for failing to adduce available mitigating evidence at the penalty hearing. Schlup v. ArmontroutSearch
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The Court of Appeals denied a petition for rehearing and suggestion for rehearing en banc, Schlup v. ArmontroutSearch
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of Dade's murder, and that his execution would therefore violate the Eighth and Fourteenth Amendments, cf. Herrera v. CollinsSearch
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failing to raise his new claims more promptly. Moreover, the court concluded that Schlup had failed to meet the Sawyer v. WhitleySearch
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nature of affidavits that are produced after a long delay, cf. Herrera v. CollinsSearch
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a stay of execution pending the resolution of his appeal. Relying on Justice Powell's plurality opinion in Kuhlmann v. WilsonSearch
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vacated, the majority held that petitioner's claim of innocence was governed by the standard announced in Sawyer v. WhitleySearch
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n. 10, supra. Faherty's affidavit stated that Schlup had been in Faherty's presence for at least 22 Schlup v. DeloSearch
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joined an opinion describing the question whether the majority should have applied the standard announced in Sawyer v. WhitleySearch
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Those proceedings are apparently continuing. 314 claim of actual innocence asserted in Herrera v. CollinsSearch
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are based not on his innocence, but rather on his contention that the ineffectiveness of his counsel, see Strickland v. WashingtonSearch
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U. S. 668 (1984), and the withholding of evidence by the prosecution, see Brady v. MarylandSearch
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sufficient to excuse his failure to present his evidence in support of his first federal petition, see McCleskey v. ZantSearch
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of the writ later expanded beyond its original narrow purview to encompass 33 As this Court noted in Wainwright v. SykesSearch
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to introduce 'a greater degree of finality of judgments in habeas corpus proceedings.''' Kuhlmann v. WilsonSearch
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those decisions, the Court held that a habeas court may not ordinarily reach the merits of successive claims, Kuhlmann v. WilsonSearch
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or abusive claims, McCleskey, 499 U. S., at 493, absent a showing of cause and prejudice, see Wainwright v. SykesSearch
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nature of habeas corpus to preclude application of strict rules of res judicata. Thus, for example, in Sanders v. UnitedSearch
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equitable exception even to petitions brought under 28 to the relief he seeks.''' Ibid., quoting Sanders v. UnitedSearch
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U. S., at 489. Similarly, in Wainwright v. SykesSearch
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handed down on the same day. Sawyer, 505 U. S., at 339 (referring to Kuhlmann v. WilsonSearch
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U. S. 436 , Murray v. CarrierSearch
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U. S. 478 , and Smith v. MurraySearch
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U. S., at 495-496, quoting Engle v. IsaacSearch
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Id., at 495, quoting Engle v. IsaacSearch
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see also Smith v. MurraySearch
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a petitioner had satisfied any definition of actual innocence. Though some such decisions exist, see, e. g., Henderson v. SargentSearch
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Bliss v. LockhartSearch
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short of the Jackson standard governing habeas review of claims of insufficiency of the evidence. See Jackson v. VirginiaSearch
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Syllabus SCHLUP v. DELOSearch
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