Whether the actual-innocence exception to AEDPA's statute of limitations applies to legal or statutory innocence when an individual is convicted under a statute that does not proscribe the underlying conduct

QUESTIONS PRESENTED . 1. Whether the actual-innocence exception to AEDPA’s statute of limitations applies to someone who is legally or statutory innocent, in where an individual is convicted under a Statute that, properly interpreted, does not proscribe the underlying conduct? Stated differently, but for constitutional error, that same someone would be factually innocent, which begs the question: whether as a matter of equity legally innocent defendants can invoke the actual-innocence exception to AEDPA’s statute of limitations? 2. What deference, if any, should a federal habeas court give to the State court’s conviction under an “actual innocence” gateway claim? 3. Whether a Certificate of Appealability should issue if a habeas petitioner, as in here, can establish that the District Court plainly erred in its procedural ruling by misconstruing his claim and further establish a constitutional violation? ii