Statute Of Limitations On Federal Habeas Petition Does Not Apply In Face Of A Credible Claim Of Actual Innocence.

Under the Antiterrorism and Effective Death Penalty Act of 1996 [28 U.S.C. §2241, ff.] a federal petition for habeas corpus must generally be filed within one year from the date that direct review becomes final. (Check the statute for certain exceptions.) But in an en banc opinion, the 9th Circuit ruled that where the petitioner makes a credible claim of factual innocence, petitions are subject to an equitable exception to the one-year statute of limitations. Lee v. Lampert (9th Cir.; August 2, 2011) 653 F.3d 929, [2011 DJDAR 11607].