SCHLUP v. DELO

No. 4:92CV443.

912 F.Supp. 448 (1995)

Lloyd SCHLUP, Petitioner, v. Paul DELO, Superintendent Potosi Correctional Center, Respondent.

United States District Court, E.D. Missouri, Eastern Division.

December 8, 1995.


Attorney(s) appearing for the Case

Sean D. O'Brien, Kris T. Daniel, Missouri Capital Punishment Resource Center, Kansas City, MO, for petitioner.

Frank A. Jung, Attorney General of Missouri, Assistant Attorney General, Jefferson City, MO, for Paul Delo.

Stephen D. Hawke, Attorney General of Missouri, Assistant Attorney General, Jefferson City, MO, Denise G. McElvein, Attorney General of Missouri, Assistant Attorney General, St. Louis, MO, for Michael Bowersox.


MEMORANDUM AND ORDER

HAMILTON, Chief Judge.

This matter is before the Court on remand from the Eighth Circuit Court of Appeals. In an Order entered August 23, 1993, this Court denied the petition of Lloyd Schlup for writ of habeas corpus on grounds that Petitioner failed to show cause for failing to raise his new claims previously. The Court also held that Petitioner failed to satisfy the "actual innocence" standard set forth in Sawyer v. Whitley...

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