McQuiggin v. Perkins
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.
Judgment
Vacated and remanded, 5-4, in an opinion by Ruth Bader 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.
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.
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.
Recommended Citation: McQuiggin v. Perkins, SCOTUSblog, https://www.scotusblog.com/cases/mcquiggin-v-perkins/