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LEE v. LAMPERT

No. 09-35276.

653 F.3d 929 (2011)

Richard R. LEE, Petitioner-Appellee, v. Robert O. LAMPERT, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2011.

Attorney(s) appearing for the Case

Janet A. Klapstein , Senior Assistant Attorney General of Oregon, Salem, OR, for the respondent-appellant.

Stephen R. Sady , Chief Deputy Federal Public Defender of Oregon, Portland, OR, for the petitioner-appellee.

Opinion by Judge THOMAS; Concurrence by Chief Judge KOZINSKI.

OPINION

THOMAS, Circuit Judge:

This appeal presents the question of whether a credible showing of "actual innocence" under Schlup v. Delo, 513 U.S. 298, 115 S.Ct. 851, 130 L.Ed.2d 808 (1995), excuses the statute of limitations period established by the Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA"), 28 U.S.C. § 2241 et seq. We conclude that it does, but that the petitioner failed to present...

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