Monday, September 16, 2013

Larsen v. Soto, No. 10-56118 (9-16-13)(Wardlaw with Canby and Reinhardt).

The 9th affirms the denial of the Warden's motion to dismiss petitioner's habeas as untimely and AEDPA barred. The 9th concludes that petitioner has made the requisite showing of actual innocence needed. Schlup allows a successor petition or excuses bars if the exceedingly high standard of whether a reasonable jury would not have found the petitioner guilty. Here, involving i.d., could be such a case.


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