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No. 19-8093October Term 2019Decided May 26, 2020

Docket 19-8093October Term 2019 (2019–2020)

Passalacqua v. McDonald

This case involves a petition for a writ of certiorari from the Ninth Circuit that was submitted to the Supreme Court.

Case status

Current stage
Decided
Latest event
Decision released May 26, 2020
Case Accepted
Arguments
Decision ReleasedMay 26, 2020
What it's about

This case involves a petition for a writ of certiorari from the Ninth Circuit that was submitted to the Supreme Court.

Question presented

1. Whether the "actual innocence" exception to the AEDPA's one-year statute of limitations, as recognized in McQuiggin v. Perkins, 569 U.S. 383 (2013), applies to a petitioner who challenges his sentence rather than his underlying conviction? 2. Whether the Second Circuit's requirement that a petitioner show "legal innocence" as well as "factual innocence" to satisfy the McQuiggin standard is consistent with this Court's precedent?

Case path

United States Court of Appeals for the Ninth Circuit / Decision released May 26, 2020

Area

Decided Supreme Court case