Second Circuit· 7/9/2012

Rivas v. Fischer

Citations

687 F.3d 514
2012 WL 2686117
2012 U.S. App. LEXIS 13974

How courts have described this case

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

concluding that negligence can only justify equitable tolling if it rises to the level of “effective abandonment”
recognizing that the Supreme Court “has never explicitly recognized the existence of a freestanding actual innocence claim”
concluding that the petitioner had made a credible showing of actual innocence, and remanding to the district court to consider the merits of his underlying constitutional claims
finding that \new evidence\ is \evidence not heard by the jury\
“For the [innocence] claim to be ‘credible,’ it must be supported by ‘new reliable evidence . . . that was not presented at trial.’”
“[A] petitioner seeking access to a federal habeas court in the face of a procedural obstacle must advance both a legitimate constitutional claim and a credible and compelling claim of actual innocence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cabranes, Pooler, Sack

Read full opinion on CourtListener

Cited by

42 cases in this archive cite this case; the 20 most cited are listed.

Cites

58 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Rivas v. Fischer

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

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