United States Ninth Circuit

In a petition for habeas relief from the petitioner's conviction of first degree sex abuse and first degree sodomy, 28 U.S.C. Section 2241 et seq, judgment of the trial court granting petition is reversed where although a credible showing of actual innocence under Schlup v. Delo excuses the Section 2241statute of limitations period, petitioner failed to present sufficient evidence of actual innocence to permit review of his constitutional claims on the merits.

Appellate Information

• Decided 08/02/2011
• Published 08/02/2011

Judges

• THOMAS

Court

• United States Ninth Circuit

Counsel

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