Wednesday, April 29, 2015

Habeas Barriers Don't Fall for Innocent Defendants

U.S. v. Zaler, 2015 WL 573957 (2/11/15) Col.) (unpub'd) - Actual innocence cannot overcome the prodigious barriers AEDPA has built to relief for successive petitions. The Supreme Court's McQuiggen case allowed for innocence to overcome statute of limitations issues for first petitions only. The 10th gives no grace to innocent folks who had the audacity to file a previous petition.