SUCCESSFUL CASES UNDER SCHLUP v. DELO
If a state court finds that a claim raised by a prisoner is barred from review because of the prisoner's violation of a state procedural requirement, e.g., a contemporaneous objection, a federal court may be precluded from reviewing that claim on the merits provided that the respondent properly raises the default defense. (There is additional information on the procedural default doctrine and its exceptions on the password-protected part of Habeas Assistance and Training's website.) Federal merits review is permitted if the prisoner can meet the "fundamental miscarriage of justice" exception to the procedural default rule. As to a conviction, the "miscarriage of justice" test requires a showing that it is more likely than not that no reasonable juror would have convicted the petitioner in the light of new evidence. Schlup v. Delo, 513 U.S. 298 (1995). To establish a miscarriage of justice as to a death sentence, the petitioner must establish by clear and convincing evidence that, but for constitutional error, no reasonable juror would have found the petitioner eligible for the death penalty. Sawyer v. Whitley, 505 U.S. 333 (1992). Below are lists of successful cases under Schlup v. Delo.
Summaries of Successful Schlup v. Delo Cases by SCOTUS and Federal Courts of Appeals (current through 1/1/20)