Thomas M. Tully v. Harold W. Clarke, Director, Virginia Department of Corrections
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Did the lower courts err in determining Petitioner's reliance on McQuiggin v. Perkins
QUESTION(S) PRESENTED © : . In McQuiggin v. Perkins, 569 U.S. 383, 393 (2013), the United States Supreme Court ruled: "a prisoner otherwise subject to defenses of abuse or successive use of the writ [of habeas corpus] may have his federal constitutional claim considered on the merits if he makes a proper showing of actual innocence." Id. Did the lower courts err in determining Petitioner's reliance on McQuiggin v. Perkins, 569 U.S.. (2013) actual innocence (under the miscarriage of justice exception) is misplaced in Petitioner's ability to file a successive writ of habeas corpus petition? ; i.