Finkelson v. Yuen

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that if the freestanding actual innocence claim exists, it would require more than the Schlup gateway standard
• explaining that “new evidence” means evidence that was not available during trial
• remanding claim dismissed based on procedural default where parties were not afforded adequate notice and opportunity to be heard on procedur-ál-default question
• assuming the two standards are identical but positing that the denial of certain underlying claims as insubstantial under Martinez “may be construed as the revocation of the COA as to those claims”
• assuming without deciding that if there is a freestanding claim of actual innocence that a petition must meet an “extraordinarily high” threshold, to establish a claim
• finding it reasonable trial strategy not to emphasize the comments further by objecting to them when the comments at issue made up only eight lines of the closing argument

Source: CourtListener parenthetical corpus (CC0).