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Framing § 2254 Fourth Amendment claim as "actual innocence" claim fails

By John Wesley Hall, Jr.

Habeas petition claiming a Fourth Amendment violation as a square peg in a round hole [my words]: It is not a claim of "actual innocence" somehow avoiding AEDPA limitations; it is "legal innocence," which is barred and equitable tolling does not apply. Benjamin v. Wynder, 2008 U.S. Dist. LEXIS 5810 (E.D. Pa. January 25, 2008): In arguing that the jury's verdict depended on illegally obtained evidence, petitioner confuses the concepts of actual innocence and legal innocence. Petitioner has presented no new evidence casting doubt on whether he committed the offense of conviction. Furthermore, while petitioner has challenged the methods by which evidence used against him was obtained, he has not demonstrated that the evidence itself was unreliable or misleading...continue to full post

Full post as published by Fourth Amendment on January 30, 2008 (boomark / email).