Tuesday, September 02, 2008

Johnson v. Knowles (9th Cir. - Sept. 2, 2008)

"You've got an argument, Petitioner. An argument that admittedly finds some support. But that support comes from the bottom, not top, side of a 6-3 decision by the Supremes. And that's neither the side on which you want to be nor is it sufficient to allow your untimely habeas petition to go forward. Dismissal affirmed."

So sayeth Judge O'Scannlain, albeit more formally, in this opinion, which holds that unless you're actually innocent, the Schulp gateway ain't helping you much. Regardless of what Justices Stevens, Blackmun, and O'Connor said.