Swearingen v. Texas

(1) Whether, under 28 U.S.C Section 244(b)(2)(B)(ii), a court of appeals' consideration of exculpatory evidence is limited to the specific newly discovered evidence supporting the new constitutional claim or extends to a more holistic evaluation of the evidence as required under Schlup v. Delo; and (2) whether, when an applicant has discovered that state-sponsored testimony at trial was scientifically invalid, such testimony should be considered "false and misleading testimony" such that the applicant has been denied due process in violation of the United States Constitution.