39) Moreover, the burden for proving actual innocence in gateway claims is sufficiently stringent without requiring a petitioner to present newly-discovered evidence.
Problematically, however, jurisdictions that unequivocally adopt the newly-discovered evidence rule subvert the actual innocence doctrine's function of protecting individual rights.
3d at 1029 (requiring newly-discovered evidence in gateway claims).
The Seventh Circuit opined that it would not consider the absence of a newly "discovered" requirement in Schlup as mere oversight in light of the Court's prior holding in Herrera, which explicitly required newly-discovered evidence.
In addition, Nelson states that the overwhelming majority of successful gateway petitioners establish innocence through a combination of newly-presented evidence, newly-discovered evidence, and a reexamination of evidence adduced at trial.
Valerio said he should be granted a new trial because of newly-discovered evidence
concerning the complaining witness's psychological state.
851, which is based solely on the results of the court-ordered DNA testing obtained under this rule, shall be treated as raising a claim of newly-discovered evidence
and the time periods set forth in rules 3.
July 13, 2001) (acknowledging that petitioner would have "some due process claim if the state courts arbitrarily refused to consider powerful newly-discovered evidence
Presently, a protective order requires us to keep the newly-discovered evidence
As Jackie's lawyer Clive Stafford-Smith commented, 'It is very difficult to see how any reasonable person could believe that he (the judge) would be fair in Jackie's DNA hearing when, without having heard the first shred of our newly-discovered evidence
of innocence, he would say that to the press.
We also have newly-discovered evidence
in the form of the administration to have the petitioner (Estrada) resign after Jan.
The former head of Italy's Central Telephone Research Laboratories said newly-discovered evidence
on file at the National Archives and Records Administration in Washington, DC confirms that Antonio Meucci is the rightful inventor of the telephone.