Lee v. Lampert, No. 09-35276 (9th Cir. 2011)
Annotate this CaseDefendant was convicted of two counts of first degree sex abuse and two counts of first degree sodomy. At issue was whether a credible showing of "actual innocence" under Schlup v. Delon excused the statute of limitations period established by the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. 2241 et seq. The court held that it did, but that the petitioner failed to present sufficient evidence of actual innocence to permit review of his constitutional claims on the merits. Therefore, the court reversed the judgment of the district court.
This opinion or order relates to an opinion or order originally issued on July 6, 2010.
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