McQuiggin v. Perkins
|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
Feb 25, 2013
|May 28, 2013||5-4||Ginsburg||OT 2012|
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.
- Opinion analysis: Innocence exception survives, innocence claim does not (Updated) (Jordan Steiker)
- Argument recap: Habeas irony – procedural obstacles might prevent Court from reaching “merits” of procedural issue (Jordan Steiker)
- Argument preview: Is the innocence exception to procedural obstacles itself subject to procedural obstacles? (Jordan Steiker)
- Petition of the day (Ben Cheng)