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Credible Claim of Innocence Allows Tardy Habeas to Proceed

New York Law Journal

July 10, 2012

After years of rejecting the claims of prisoners who have tried to invoke the "actual innocence" exception to the one-year limitations period for habeas petitions, the Second Circuit was persuaded that Hector Rivas had made a "gateway" showing that will allow him to challenge the fairness of his conviction for the strangling murder of his former girlfriend.

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