Reeves v. Superintendent Fayette SCI

Reeves was convicted of robbery, carrying a firearm without a license, and second-degree murder relating to a 2006 armed robbery of a gas station convenience store that resulted in the clerk's death. Reeves, arrested three years later, was sentenced to life imprisonment without the possibility of parole. He filed a four-months-late federal habeas petition, asserting ineffective assistance of counsel and seeking to excuse his untimeliness based on the "Schlup" actual innocence exception to procedural default, extended to time-barred petitions in 2013. The Third Circuit remanded, finding that Reeves identified evidence that may show actual innocence that was not presented to the jury. When a petitioner asserts ineffective assistance of counsel based on counsel’s failure to discover or present the very exculpatory evidence that demonstrates his actual innocence, such evidence constitutes new evidence for purposes of the Schlup actual innocence gateway. The court noted evidence that was known but not presented, pertaining to an individual (Anderson) who had previously been convicted of other crimes who failed to show up at a work-release center located near the site of the crime and who fit the physical description of the robber. Anderson called the mother of his child days after the robbery, telling her he had “a lot of money” for outstanding child support. Two witnesses stated that Anderson told him that he was involved in the robbery and had recounted details. View "Reeves v. Superintendent Fayette SCI" on Justia Law