Whether evidence that was available but not presented at trial constitutes 'new' evidence for purposes of the 'actual-innocence' gateway that permits review of an untimely petition for habeas corpus

QUESTION PRESENTED Under the Antiterrorism and Effective Death Penalty Act of 1996, a state prisoner must file his or her federal habeas petition within one year of one of four triggering events. 28 U.S.C. § 2244(d)(1). However, to prevent a “fundamental miscarriage of justice,” an untimely petition alleging constitutional error is not barred when the petitioner presents “new reliable evidence” of actual innocence. Schlup v. Delo, 513 U.S. 298, 324, 327 (1995); McQuiggin v. Perkins, 569 U.S. 383, 386 (2013). The question presented is: Whether evidence that was available but not presented at trial constitutes “new” evidence for purposes of the “actual-innocence” gateway that permits review of an untimely petition for habeas corpus.