United States Second Circuit

Denial of petition for writ of habeas corpus under 28 U.S.C. section 2254 as time barred is reversed and relief granted where, although the petition was not timely filed and petitioner is not entitled to equitable tolling: 1) petitioner has successfully presented a "gateway" showing of actual innocence under the standard set by the Supreme Court in Schlup v. Delo, 513 U.S. 298 (1995), and House v. Bell, 547 U.S. 518 (2006); and 2) as a matter of first impression in this Circuit, such a showing entitles him to an equitable exception from the limitations period set forth in section 2244(d).

Appellate Information

• Decided 07/09/2012
• Published 07/09/2012

Judges

• JOSE A. CABRANES

Court

• United States Second Circuit

Counsel