James E. Griffin, Jr. v. Dan Johnson, Superintendent, Snake River Correctional Institution

How courts have described this case

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

• explaining that new means newly presented not newly discovered
• describing a fingerprint expert’s reversal of his earlier conclusion that would have exculpated the defendant as a “sudden shift in the evidentiary landscape [that compromised the] defense strategy”
• “To meet [the Schlup gateway 8 standard], [petitioner] must first furnish ‘new reliable evidence ... that was not presented at 9 trial.’”
• “[W]e hold that habeas petitioners may pass Schlup’s test by offering ‘newly presented’ .evidence of actual innocence.”
• “To meet [the Schlup gateway standard], [petitioner] must first furnish ‘new reliable 28 evidence . . . that was not presented at trial.’”
• “The 11 evidence must show that ‘it is more likely than not that no reasonable juror would have convicted 12 [the petitioner] in light of the new evidence.’”

Source: CourtListener parenthetical corpus (CC0).