Editor's Note :

Editor's Note :

We expect orders from the February 17 conference on Tuesday at 9:30 a.m. There is a possibility of opinions on Wednesday, February 22.

McQuiggin v. Perkins

Docket No. Op. Below Argument Opinion Vote Author Term
12-126 6th Cir. Feb 25, 2013
Tr.
May 28, 2013 5-4 Ginsburg OT 2012
 
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Holding: Actual innocence, if proved, serves as a gateway through which a petitioner may pass whether the impediment to consideration of the merits of a constitutional claim is a procedural bar, as it was in Schlup v. Delo and House v. Bell, or expiration of the Antiterrorism and Effective Death Penalty Act statute of limitations, as in this case.

Plain English Summary:

Judgment: Vacated and remanded, 5-4, in an opinion by Justice Ginsburg on May 28, 2013. Justice Scalia filed a dissenting opinion, in which the Chief Justice and Justice Thomas joined and in which Justice Alito joined as to Parts I, II, and III.

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Holding: Actual innocence, if proved, serves as a gateway through which a petitioner may pass whether the impediment to consideration of the merits of a constitutional claim is a procedural bar, as it was in Schlup v. Delo and House v. Bell, or expiration of the Antiterrorism and Effective Death Penalty Act statute of limitations, as in this case.   JudgmentVacated and remanded, 5-4, in an opinion by Justice Ginsburg on May 28, 2013. Justice Scalia filed a dissenting opinion, in which the Chief Justice and Justice Thomas joined and in which Justice Alito joined as to Parts I, II, and III.
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