Does an unexplained delay in presenting new evidence bear any bearing on whether the petitioner has made the requisite showing of actual innocence?
MultiRegion, United States of America
The following excerpt is from Dixon v. Yates, No. 2:10-cv-0631 JAM AC P (E.D. Cal. 2014):
"Unexplained delay in presenting new evidence bears on the determination whether the petitioner has made the requisite showing" of actual innocence. McQuiggin v. Perkins, 133 S.Ct. at 1935. Timing is a factor relevant to the reliability of the newly-presented evidence, no more and no less. See id. The petition in this case was untimely by more than five years. For the reasons that follow, the undersigned finds that the delay does not cast doubt on the reliability of the evidence.
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