United States Ninth Circuit

In a prosecution for sexual abuse of a child, a grant of petitioner's habeas petition is reversed where: 1) there is no actual innocence exception serving as a gateway through AEDPA's statute of limitations to the merits of a petitioner's constitutional claims in original petitions; and 2) the Schlup exception never applies to federal statutes of limitations because AEDPA created such limitations later.

Appellate Information

• Argued 05/10/2010
• Decided 07/06/2010
• Published 07/06/2010

Judges

• Diarmuid F. O'Scannlain

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Stephen R. Sady, Janet A. Klapstein