Maria Moore v. Anissa De La Cruz

Summary

The United States District Court for the Northern District of California granted the respondent’s motion to dismiss the petitioner’s freestanding actual-innocence claim in a federal habeas corpus proceeding under 28 U.S.C. § 2254. The court held that such a claim is not currently cognizable because the Supreme Court has not recognized a freestanding federal actual-innocence right, and directed the respondent to answer the remaining claims.

Holdings

1. A freestanding claim of actual innocence is not cognizable on the record presented because the Supreme Court has not clearly established a federal habeas right to relief based solely on actual innocence. The third claim was therefore dismissed with prejudice.
2. Reframing the actual-innocence theory as support for ineffective-assistance and due-process claims did not permit the third claim to proceed where the petition asserted actual innocence as a separate claim and no independent cognizable basis for that claim was established.

Questions Presented

1. Whether a freestanding claim of actual innocence is cognizable in a federal habeas petition under 28 U.S.C. § 2254.
2. Whether Moore could avoid dismissal by reframing her actual-innocence claim as support for her ineffective-assistance and due-process claims.
3. Whether actual innocence could permit the claim to proceed as a basis for excusing the one-year statute of limitations.

Disposition

dismissed