As Clune's newly-discovered evidence
makes abundantly apparent, the whole world was watching the Rosenberg case while, back in the nation's capital, "White House officials failed to get ahead of the spin" (161).
, Neocleous had claimed in March, citing emails from October 2013 he had forgotten about, suggested that the reason was not his own confusion over two similar cases, but an oversight by his secretary, who ignored the crucial email informing her of the newly-filed lawsuit.
Edita] Burgo's claims that she fears for her own personal security in light of the sensitive nature of the newly-discovered evidence
, the Court resolved to issue a temporary protection order in favor of the petitioner Edita T.
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.
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.
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.