What is the test for a miscarriage of justice exception to the statute of limitation under AEDPA?
MultiRegion, United States of America
The following excerpt is from Raja v. Sherman, No. 2: 19-cv-0051 MCE KJN P (E.D. Cal. 2019):
For the following reasons, the undersigned finds that petitioner has not demonstrated that he is entitled to the miscarriage of justice exception to AEDPA's statute of limitation. See Sclup v. Delo, 513 U.S. at 329 (petitioner bears the burden of proving that, "in light of the new evidence, no juror acting reasonably would have voted to find him guilty beyond a reasonable doubt.")
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