“Actual Innocence” Under Schlup v. Delo / McQuiggin v. Perkins as Excusing Statute of Limitations Established by AEDPA 28 U.S.C.A. § 2244(d)(1) for Habeas Corpus Claims

April 17, 2014

HandcuffsGenerally, a petitioner seeking federal habeas review of his or her state or federal conviction must file his or her petition within a one-year statute of limitations, pursuant to the Habeas Reform provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C.A. § 2244(d)(1).

However, the Supreme Court has recognized various equitable exceptions to prevent a miscarriage of justice. In McQuiggin v. Perkins, 133 S. Ct. 1924, 185 L. Ed. 2d 1019, 82 A.L.R. Fed. 2d 663 (2013), the U.S. Supreme Court resolved a Circuit conflict on whether AEDPA’s statute of limitations can be overcome by a showing of actual innocence and held that the AEDPA statute of limitations can be overcome by a showing of “actual innocence.”

Actual innocence, if proven, serves as a gateway through which a petitioner may pass whether the impediment is a procedural bar as it was in Schlup v. Delo, 513 U.S. 298, 115 S. Ct. 851, 130 L. Ed. 2d 808 (1995), and House v. Bell, 547 U.S. 518, 126 S. Ct. 2064, 165 L. Ed. 2d 1, 23 A.L.R. Fed. 2d 633 (2006), or expiration of the AEDPA statute of limitations.

This annotation collects all federal cases addressing application of the “actual innocence” exception to the statute of limitations for federal habeas petitions brought by both federal and state prisoners.

See full ALR annotation on Westlaw (subscription required)