whether-28-usc-b-2-b-ii-actual-innocence-standard

QUESTIONS PRESENTED FOR REVIEW 1. Whether 28 U.S.C. § (b)(2)(B)(ii)’s actual innocence standard requires the court to consider all the evidence, old and new, incriminating and exculpatory, without regard to whether it would necessarily be admitted under rules of admissibility that would govern at trial, as determined by the United States Court of Appeals for the Ninth Circuit, or consists only of evidence presented at the time of trial, adjusted for evidence that would have been admitted or excluded but for constitutional error during trial proceedings, as determined by the United States Corut of Appeals for the Tenth Circuit. 2. Whether the standard for presuming factual findings correct, and that regarding what universe of evidence that can be considered in a second habeas petition, were appropriately applied in this case. i