Frank Hubbard v. Steven Pinchak the Attorney General of the State of New Jersey Peter Verniero

How courts have described this case

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

• finding that credible allegation of actual innocence constitutes miscarriage of justice that enables federal court to hear merits of otherwise procedurally defaulted habeas claims
• finding that credible allegation of actual innocence constitutes miscarriage of justice that enables federal court to hear merits of otherwise procedurally defaulted habeas claims
• finding that credible allegation of actual innocence constitutes miscarriage of justice that enables federal court to hear merits of otherwise procedurally defaulted habeas claims
• noting that a petitioner’s allegation of actual innocence was “nothing more than a repackaging of the record as presented at trial” and thus was “insufficient to allow review of his defaulted claims”
• finding petitioner’s own testimony is not “new” because it was available at trial and he chose not to present it to the jury
• stating that petitioner’s allegation of actual innocence is “nothing more than a repackaging of the record as presented at trial” and thus he could not show that it is more likely than not that no reasonable juror would have convicted him in light of the new evidence

Source: CourtListener parenthetical corpus (CC0).