Whether petitioner can pass through the gateway to argue merits of underlying claims

QUESTIONS PRESENTED FOR REVIEW Whether it can be presumed given the facts underlined in Schilup v Delo 513 US 298; 115 SC 851 (1995), Holland v Florida 560 US 631; 130 SC 2549 (2010), and McQuiggin v Pekins 569 US 383; 133 SC 1924 (2013) all stating that if a petitioner presents evidence of innocence so strong that a court cannot have confidence in the outcome of the trial that was free of non-harmless constitutional error, should the petitioner be allowed to pass through the gateway and argue the merits of his underlying claims in the lower state and federal courts? . Likewise, when innocence is so strong to lack confidence in the trial proceedings it shouldn't take decades for a prisoner to pass through the gateway to prove his or her innocence in the lower courts! . 1 Leahy TABLE OF CONTENT