SCOTUS to Decide Whether There is an "Actual Innocence" to AEDPA's Statute of Limitations

While the rest of Washington braces for Hurricane Sandy, the Supreme Court was in full session. They granted four petitions today including MaQuiggin v Perkins, Supreme Court No. 12-126. The petition comes from Michigan and is being pursued by Michigan Deputy Solicitor B. “Eric” Restuccia. Stay tuned.

Also relevant to the criminal practitioner is the Court’s cert. grant in Travino v Thaler dealing with the limits of the Court’s ruling last term in Martinez v Ryan. The
divided Fifth Circuit decision shows a pretty disturbing Brady suppression of evidence. The State hid a statement by completely exculpating the Defendant. I will post more on this case shortly.