Harshadkumar Nanjibhai Jadav v. J. Woodson, Warden
DueProcess HabeasCorpus Privacy
What constitutes as 'new' evidence
QUESTIONS PRESENTED 1. What constitutes as 'new' evidence, and whether the state prisoner made a proper showing of actual innocence under Schlup? 2. Whether the Virginia state prisoner overcame AEDPA barrier and satisfied the merits of his claim that defense counsel provided ineffective assistance by failing to object to the prosecutor's use of a false 911 audio recording that was 7> "not even admitted into evidence at trial. 3. Whether the Fifth Amendment right to silence bears upon the defendant's lack of remorse; and whether defense counsel provided ineffective assistance by : failing to object properly to a guilt-phase jury instruction making a conclusive presumption of "the defendant's lack of remorse",