Larry Pat Souter v. Kurt Jones, Warden

How courts have described this case

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

• finding that the existence of other equitable tolling mechanisms supports the application of the Schlup innocence exception
• deciding that the interest of justice was served by refusing to apply the waiver rule because there was an intervening decision -10- No. 20-3512, Duncan v. Minn. Life Ins. Co. of the court that clarified the rule at issue
• stating that the “threshold inquiry is whether ‘new facts raise[] sufficient doubt about [the petitioner’s] guilt to undermine confidence in the result of the trial”
• determining that, based upon the particular facts of the case, the petitioner had presented sufficient evidence of actual innocence to be granted equitable tolling
• determining that, based upon the particular facts of the case, the petitioner had presented sufficient evidence of actual innocence to be granted equitable tolling
• noting that evidence “merely cumulative to the evidence already presented by the defense at trial” cannot form the newly discovered factual predicate

Source: CourtListener parenthetical corpus (CC0).