Didn’t read this yet, but that seems pretty surprising.
The Fifth Circuit, in a published opinion by Judge Oldham, has held that prisoners with *meritorious* constitutional objections to their conviction or sentence can’t prevail in post-conviction federal habeas petitions unless they show “factual innocence.”
https://utexas.box.com/s/jrqx68xf2wnze2g9w8zyogj4342kuu53
🐦🔗: https://twitter.com/steve_vladeck/status/1603581422429949952
I think it's an alternative holding? See, e.g., the final paragraph of the opinion ("Crawford unquestionably raped a 17-year-old girl. AEDPA and “law and justice” both require denying his request for federal habeas relief.")
Of course, there's little chance of cert because of the AEDPA vehicle problems, so it will presumably be circuit law until a better case arises. /1
And the holding seems truly bonkers. If I'm reading it correctly, a state could pass a law prohibiting "criticizing the governor," convict and imprison someone for violating it, and even though the law would obv. be unconsitutional under clearly established S. Ct. precedent, the petitioner couldn't get habeas b/c he was "factually guilty."
I suppose one answer is that in that egregious a case, the conviction would presumably be reversed on direct appeal, but still... /x
cc: @LeahLitman - if you're using your Mastodon account, any thoughts on this thread about the latest 5th Cir. #habeas decision?
RMFifthcircuit
Russell Steinthal