Issue: (1) Whether a state habeas petitioner who raises a freestanding actual-innocence claim under the Due Process Clause, and who demonstrates actual innocence by at least a preponderance of the evidence, must instead make that showing by clear and convincing evidence to warrant a new trial; and (2) whether, in light of trial counsel’s errors, petitioner received ineffective assistance of counsel in violation of Strickland v. Washington.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.