Another Federal Court Finds Schlup “Actual Innocence” Gateway Based on New Scientific Understandings…

I blogged here recently about a federal court in California finding the Schlup actual innocence gateway satisfied for federal habeas based on new understandings in fire science that undermined the prosecution’s evidence at trial.  Yesterday, The Second Circuit Court of Appeals found Schlup satisfied on similar grounds in Rivas v. Fischer.  In this case, new scientific understandings pointed the time of death being during a window of time for which the defendant had an alibi…

Decision here

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