Louis Ivester Peets v. Robert W. Fox, Warden
DueProcess HabeasCorpus
Whether newly presented evidence of insanity would constitute 'actual innocence' to allow passage through Schlup's actual innocence gateway
QUESTION(S) PRESENTED (1) If Petitioner provided sufficient newly presented evidence for all reasonable jurors to conclude that he was “not guilty by reason of insanity’—would that constitute “actual innocence” to allow passage through Schlup’s actual innocence gateway and have his otherwise procedurally barred habeas corpus claims reviewed on the merits? ; (2) If the answer to question #1 is “Yes”, did the Ninth Circuit err in denying Petitioner’s motion for a COA, given that he had provided evidence to satisfy both components of the Slack test? ; j . } . .