Does Actual Innocence Actually Matter? Why The Schlup Actual Innocence Gateway Requires Newly Presented Reliable

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Freemyer, Laurel
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2017-03
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INTRODUCTION|A man was suspected, interviewed, arrested, indicted, tried in state court, convicted, sentenced, and imprisoned, all the while asserting his innocence. After exhausting every option for post-conviction relief within the state, this man filed a first and a second petition for habeas corpus in federal court. His petitions were denied, and he once again asserted his innocence. This man had evidence that could potentially exonerate him, yet the United States Court of Appeals for the Eighth Circuit refused to consider the evidence in response to his pleas for assistance. This man is Ricky Kidd. Kidd is currently serving a life sentence without the possibility of parole, and he still asserts his innocence. A jury convicted Kidd in State v. Kidd for the murder of two men. After exhausting all state court remedies, Kidd filed two federal habeas corpus petitions, the second of which the Eighth Circuit denied because the evidence presented to prove his innocence was not considered new. The Eighth Circuit applied a stricter standard than other circuits apply for new evidence. Because Kidd fell short of the stricter standard, the Eighth Circuit affirmed Kidd's conviction. The Innocence Network is a group of organizations from around the world that provides free legal services to individuals who maintain their innocence even despite their convictions...
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Creighton University School of Law
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