Does the 'actual innocence' exception/gateway in McQuiggin v. Perkins, 569 U.S. 383 (2013) require new evidence of innocence when there has never been a trial or a plea of guilty?

QUESTION PRESENTED Does the “actual innocence” exception/gateway in McQuiggin v. Perkins, 569 U.S. 383 (2013) require new evidence of innocence when there has never been a trial or a plea of guilty? In McQuiggin, this Court held that, when faced with a proper showing of actual innocence, a court cannot consider a petition's untimeliness as "an absolute barrier to relief." Instead, under the miscarriage of justice exception, a prisoner whose claim may otherwise be barred by various federal or state procedural rules "may have his federal constitutional claim considered on the merits if he makes a proper showing of actual innocence." To establish actual innocence, a petitioner must demonstrate that "in light of all the evidence, it is more likely than not that no reasonable juror would have convicted him." Bousley v. United States, 523 U.S. 614, 623, (1998). "Actual innocence means factual innocence, not mere legal insufficiency." In this case, there was not a trial and not one guilty plea: Is the “presumption of innocence” equivalent to “actual innocence” when there has been no trial and no guilty plea? Should a Certificate of Appealability issue under Miller-El v. Cockrell, 537 U.S. 322 (2003) so this issue may be briefed on the merits? 2