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SCHLUP v. DELO

No. 93-7901.

513 U.S. 298 (1995)

SCHLUP v. DELO, SUPERINTENDENT, POTOSI CORRECTIONAL CENTER

United States Supreme Court.

Decided January 23, 1995.

Attorney(s) appearing for the Case

Sean D. O'Brien argued the cause for petitioner. With him on the briefs were Anthony G. Amsterdam, Randy Hertz, and Timothy K. Ford.

Jeremiah W. (Jay) Nixon, Attorney General of Missouri, argued the cause for respondent. With him on the brief were Stephen D. Hawke and Frank A. Jung, Assistant Attorneys General.*

Stevens, J.,delivered the opinion of the Court, in which O'Connor, Souter, Ginsburg, and Breyer, JJ., joined. O'Connor, J., filed a concurring opinion, p. 332. Rehnquist, C. J., filed a dissenting opinion, in which Kennedy and Thomas, JJ., joined, p. 334. Scalia, J., filed a dissenting opinion, in which Thomas, J., joined, p. 342.

Justice Stevens, delivered the opinion of the Court.

Petitioner Lloyd E. Schlup, Jr., a Missouri prisoner currently under a sentence of death, filed a second federal habeas corpus petition alleging that constitutional error deprived the jury of critical evidence that would have established his innocence. The District Court, without conducting an evidentiary hearing, declined to reach the merits of the petition, holding that...

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