RMFifthcircuitDec 16, 2022

Didn’t read this yet, but that seems pretty surprising.

RT @[email protected]

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

Crawford.pdf - Box

Show threadRMFifthcircuitDec 16, 2022
Is this whole holding about the new limits on habeas dicta?
Show threadRMFifthcircuitDec 16, 2022
I’m not enough of an expert on criminal law to know, but what would be left of habeas if this is the law - basically nothing, right?
Show threadRMFifthcircuit

How much of habeas practice is about claims of actual innocence?

I really don’t know what it can’t be much.

Dec 16, 2022 at 4:34amWeb