Rivas v. Fischer

How courts have described this case

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

• explaining that actual innocence gateway standard is higher than Strickland prejudice, and finding prejudice where actual innocence claim was sufficient
• holding state court unreasonably applied Strickland test because counsel’s failure to investigate expert testimony, which called into doubt the central forensic evidence linking the inmate to the crime, was ineffective assistance and prejudicial to the defendant
• finding trial counsel ineffective in part for failing to adequately impeach a vulnerable State expert at guilt phase
• excluding evidence adduced in an evidentiary hearing on a gateway claim of actual innocence from the court’s review under § 2254(d)
• “[A] motion to vacate the judgment of conviction pursuant to N.Y. Criminal Procedure Law § 440.10, [ ] provides the means of collateral attack on a criminal judgment in New York state courts.”
• reaffirming credible and compelling standard

Source: CourtListener parenthetical corpus (CC0).