Kelly Vosgien v. Rob Persson

How courts have described this case

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

• recognizing that a petitioner may demonstrate actual innocence by showing tha , “in light of subsequent case law[,] [] he cannot, as a legal matter, have committed the alleged crime”
• noting, where the petitioner 10 did not file a direct appeal and only collaterally attacked his convictions in state court two 11 years after they became final, that the subsequently filed § 2254 petition was untimely 12 under AEDPA
• A petitioner may “demonstrate actual innocence” by “show[ing] in light of 11 subsequent case law that he cannot, as a legal matter, have committed the crime.”
• “A 8 federal habeas petitioner can overcome a procedural default, including a failure to comply with 9 the statute of limitations, by demonstrating actual innocence of the crime underlying his 10 conviction.”
• “A federal habeas petitioner can 19 || overcome a procedural default, including a failure to comply with the statute of limitations, by 20 || demonstrating actual innocence of the crime underlying his conviction.”
• “One way a petitioner can demonstrate actual innocence is to show in light of subsequent case law that he cannot, as á legal matter, have committed the alleged crime.” (citing Bousley v. United States, 523 U.S. 614, 118 S.Ct. 1604, 140 L.Ed.2d 828 (1998))

Source: CourtListener parenthetical corpus (CC0).