Is a freestanding actual innocence claim cognizable in a federal habeas corpus proceeding in the non-capital context?
MultiRegion, United States of America
The following excerpt is from Suong v. Koenig, Case No. 1:20-cv-00347-AWI-EPG-HC (E.D. Cal. 2020):
2. "We have not resolved whether a freestanding actual innocence claim is cognizable in a federal habeas corpus proceeding in the non-capital context, although we have assumed that such a claim is viable." Jones v. Taylor, 763 F.3d 1242, 1246 (9th Cir. 2014).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
Can a federal habeas corpus petition allege deprivation of a federal right to present a cognizable claim? (MultiRegion, United States of America)
Can a motion to dismiss dispose of claims in a federal habeas corpus proceeding on procedural grounds? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
Can a claim of error in sentencing make a claim for federal habeas corpus relief? (MultiRegion, United States of America)
Is there any case law in which a Fourth Amendment claim is cognizable in a federal habeas proceeding pursuant to Stone v Powell? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
In a federal habeas corpus case, is issue preclusion and claim and claim preclusion available? (MultiRegion, United States of America)
How have federal appeals courts reviewed state court rulings in the context of federal habeas proceedings? (MultiRegion, United States of America)
