McQuiggin v. Perkins

Background

Floyd Perkins, a Michigan prisoner, was convicted of first-degree murder in 1993 after a jury credited a witness who said Perkins killed the victim. Years later Perkins gathered three affidavits suggesting another man, Damarr Jones, committed the crime. Perkins filed a federal habeas petition in 2008, more than a decade after his conviction became final, and the Sixth Circuit allowed his actual-innocence claim to overcome the one-year federal filing deadline.

Reasoning

The Court held that a convincing showing of actual innocence can serve as a gateway to federal habeas review even when the one-year statute of limitations has passed. The Court said the Schlup standard applies: a petitioner must prove it is more likely than not that no reasonable juror would have convicted in light of new evidence. The Court rejected treating untimeliness as an absolute bar. Instead, it said unexplained delay and lack of diligence are relevant factors when assessing the reliability and credibility of new evidence. The District Court had found Perkins' affidavits insufficient and that he had not shown diligence or exceptional circumstances.

Real world impact

Lower courts must now consider actual-innocence gateway claims against AEDPA's deadline, but they should view delay as diminishing the persuasiveness of late evidence. The decision does not eliminate the strict Schlup standard; such gateway pleas remain rare and demanding. Perkins' petition was remanded for the courts to reassess his claim under these principles, so relief is not guaranteed.

Dissents or concurrances

Justice Scalia, joined by others, dissented, arguing that the Court has no power to create an exception to a clear statutory deadline and that doing so upsets separation of powers and will burden courts with many stale innocence claims.