United States Ninth Circuit

For purposes of habeas review of procedurally defaulted claims based on new evidence supporting petitioner's claim of actual innocence, the evidence is "new" only if it could not have been discovered at trial through the exercise of due diligence.

Appellate Information

• Argued 05/09/2001
• Decided 06/28/2001
• Published 06/28/2001

Judges

• Before:  GOODWIN, GREENBERG, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Craig E. Weinerman, Assistant Federal Public Defender, Eugene, Oregon, for the petitioner-appellant.


• For Appellees:
  
• Janet A. Klapstein, Assistant Attorney General, Salem, Oregon, for the respondent-appellee.