house bell warden argued january decided june tennessee jury convicted petitioner house carolyn muncey murder sentenced death state case included evidence fbi testing showing semen consistent seemed house muncey clothing small bloodstains consistent blood house jeans sentencing phase jury found inter alia aggravating factor murder committed house committing attempting commit fleeing commission rape kidnaping affirming state described evidence circumstantial strong house denied state postconviction relief subsequently federal district denied habeas relief deeming house claims procedurally defaulted granting state summary judgment claims also found evidentiary hearing house attacked blood semen evidence presented evidence including putative confession suggesting muncey committed crime house fall within actual innocence exception procedural default recognized schlup delo sawyer whitley sixth circuit ultimately affirmed held house made stringent showing required exception federal habeas action may proceed pp implement general principle comity finality yield imperative correcting fundamentally unjust incarceration murray carrier ruled prisoners asserting innocence gateway defaulted claims must establish light new evidence likely reasonable juror found petitioner guilty beyond reasonable doubt schlup governs insufficient evidence claims rather schlup claim involves evidence trial jury inquiry requires federal assess reasonable jurors react overall newly supplemented record see ibid contrary state arguments standard review two provisions antiterrorism effective death penalty act ii inapplicable addition standard address district independent judgment whether reasonable doubt exists schlup supra ruling house favor require showing clear error district specific findings principles mind evidence developed house federal habeas proceedings evaluated pp direct contradiction evidence presented trial dna testing established semen muncey clothing came husband house state claims evidence immaterial since neither sexual contact motive elements offense guilt phase considers new disclosure central importance case committed crime motive key prosecution guilt phase referred evidence scene suggesting house committed attempted commit indignity muncey apart proving motive forensic evidence scene link house murder law society demand accountability sexual offense evidence also likely factor persuading jury let go free sentencing moreover jury concluded murder committed course rape kidnaping jury acting without assumption semen come house found necessary establish different motive motive intent far speculative pp evidentiary disarray surrounding forensic evidence bloodstains house pants taken together testimony assistant chief medical examiner state tennessee prevent reasonable jurors placing significant reliance blood evidence medical examiner testified believes blood jeans must come autopsy samples addition vial quarter autopsy blood unaccounted blood transported fbi together pants conditions caused vials spill blood spill least blood journey tennessee authorities fbi hands defense expert pants stored plastic bag bearing large bloodstain label tennessee bureau investigation agent box containing blood samples may opened arriving fbi lab none evidence presented trial jury whereas bloodstains seemed strong evidence house guilt trial record raises substantial questions blood origin pp proceedings house presented troubling evidence muncey murderer two witnesses described confession muncey two others described suspicious behavior fight couple muncey attempt construct false alibi around time crime others described history spousal abuse considered isolation reasonable jury might well disregard evidence combination challenges blood evidence lack motive respect house evidence pointing muncey likely reinforce doubts house guilt pp assistant chief medical examiner testified certain injuries discovered house crime likely result involvement murder certain evidence muncey daughter recollection night murder district finding habeas proceeding house credible witness may favor state pp case conclusive exoneration issue close rare case jury heard conflicting testimony likely reasonable juror viewing record whole lack reasonable doubt house shown freestanding innocence render imprisonment planned execution unconstitutional herrera collins assumed without deciding capital case truly persuasive demonstration innocence made trial render execution defendant unconstitutional warrant federal habeas relief state avenue open process claim threshold showing right extraordinarily high house satisfied whatever burden hypothetical freestanding innocence claim require cast doubt guilt sufficient satisfy schlup gateway standard obtaining federal review given closeness schlup question showing falls short threshold implied herrera pp reversed remanded kennedy delivered opinion stevens souter ginsburg breyer joined roberts filed opinion concurring judgment part dissenting part scalia thomas joined alito took part consideration decision case paul gregory house petitioner ricky bell warden writ certiorari appeals sixth circuit june justice kennedy delivered opinion years ago rural tennessee carolyn muncey murdered jury convicted petitioner paul gregory house crime sentenced death new revelations cast doubt jury verdict house protesting innocence seeks access federal pursue habeas corpus relief based constitutional claims procedurally barred state law respect finality judgments federal habeas courts general rule closed claims state courts consider defaulted certain exceptional cases involving compelling claim actual innocence however state procedural default rule bar federal habeas corpus petition see schlup delo careful review full record conclude house made stringent showing required exception hold federal habeas action may proceed begin facts surrounding muncey disappearance discovery body house arrest around sunday july two local residents found body concealed amid brush tree branches embankment roughly yards road driveway muncey seen last evening around two children lora muncey age matthew muncey age visited neighbor pam luttrell according luttrell muncey mentioned husband william hubert muncey known community little hube family bubbie luttrell recounted muncey comment muncey gone dig grave come back right muncey going make take fishing next day app muncey returned home time later latest luttrell heard car rev motor went road something muncey customarily drove way home record addendum tr evidence crim union county hereinafter luttrell went bed around lora matthew returned luttrell home time father muncey said wife missing muncey asked luttrell watch children searched wife left luttrell talked lora according luttrell lora said heard horn blow thought heard horn blow somebody asked bubbie home mama know told said know went back sleep heard mama going steps crying sure told heard mama say oh god told next day know said heard mother going steps crying app lora talking luttrell recalled matt kept butting know us talking said sister said daddy wreck said daddy wreck house trial lora repeated account night events time referring wreck brother mentioned assist understanding lora account noted muncey little hube father sometimes called big hube lora brother called paw paw refer muncey sr according lora muncey deep voice petitioner house lora testified leaving luttrell house mother brother went bed later heard someone perhaps two different people ask mother lora account events went bed follows laura sic point got back home went bed anything happen caused mother upset hear anything well sounded like pawpaw said daddy said digging grave okay know pawpaw sound like pawpaw sounded like pawpaw mother told digging grave ever heard voice said remember point later hear anything else caused mother upset well said daddy wreck road started crying next creek mother started crying said daddy wreck say next creek lora describe hearing struggle time later lora brother left house look mother one answered knocked luttrells home another neighbor mike clinton said seen children returned home according lora father came home fixed bologna sandwich took bit says sissy mommy said ai little lora recalled muncey went outside seeing wife returned take lora matthew luttrells look next afternoon billy ray hensley victim first cousin heard muncey disappearance went look muncey approached munceys street hensley allegedly saw house come bank wiping hands black rag hensley saw house well observed disputed house trial hensley admitted seen house walking climbing embankment rather saw house ust glance appear nowhere next embankment munceys street opposite area hensley said saw house white plymouth parked near sawmill another witness billy hankins defense called claimed around time saw boy walking street away parked plymouth toward munceys home witness however put boy side street parked car munceys driveway side embankment hensley turning onto munceys street continued road turned driveway pulled driveway see toward little hube house hensley testified seen little hube car backed road come back way traveled road hensley saw house traveling opposite direction white plymouth house flagged hensley windshield two cars met feet road munceys driveway according hensley house said heard muncey missing looking husband though house recently moved area acquainted munceys attended dance visited home later told law enforcement officials considered munceys friends according hensley house said heard muncey husband alcoholic elsewhere getting drunk ibid hensley drove got thinking self hunting little hube little hube drunk bank ibid suspicion aroused hensley later returned munceys street friend named jack adkins two checked different spots embankment though hensley saw nothing looked adkins found muncey body lay across sawmill near corner house car parked dumped woods short way bank leading toward creek around midnight alex carabia practicing pathologist county medical examiner performed autopsy carabia put time death muncey black eye hands bloodstained wrists bruises legs neck carabia described bruises consistent traumatic origin fight fall hard objects based neck bruises injuries concluded muncey choked ruled cause death cause death carabia view severe blow left forehead inflicted laceration penetrating bone inside skull severe hemorrhage likely caused muncey brain slamming skull opposite impact carabia described head injury consistent either receiving blow fist instrument striking object county sheriff informed hensley earlier encounter house questioned house shortly body found evening house answered questions voluntary interview local jail special agent ray presnell tennessee bureau investigation tbi prepared statement house answers house signed asked describe whereabouts previous evening house claimed falsely turned spent entire evening girlfriend donna turner trailer asked whether wearing pants worn night house replied falsely house probation time recently released parole following sentence five years life aggravated sexual assault utah house scratches arms hands knuckle right ring finger bruised attributed scratches turner cats finger injury recent construction work tearing shed next day house gave similar statement different tbi agent charles scott fact house turner home initially supporting house alibi turner informed authorities house left trailer around go walk according turner trial testimony house returned later sure hot panting missing shirt shoes house turner testified told walking road near home vehicle pulled beside somebody inside called names told belong anymore app house said tried ignore taunts keep walking vehicle pulled behind one got grabbed shoulder house swung around right hand hit something ibid according turner house said took bank started running said said seemed forever running said fired two shots took bank ibid house claimed assailants grabbed ahold shirt turner remembered blue tank top trimmed yellow tore stay said throwed running turner noticing house bruised knuckle asked hurt house told hit turner testified thought maybe something ibid although white plymouth house drove next day belonged turner turner insisted house used car night forensic evidence connected car crime law enforcement officials inspected white towel covering driver seat concluded clean turner trailer located two miles road hilly terrain muncey residence law enforcement officers also questioned victim husband though muncey comments luttrell gave indication knew muncey spent evening weekly dance recreation center roughly mile half home statement law enforcement statement house trial counsel claims never saw muncey admitted leaving dance early said brief trip package store buy beer also stated wife sexual relations saturday morning late evening monday july two days murder law enforcement officers visited turner trailer turner consent agent scott seized pants house wearing night muncey disappeared heavily soiled pants sitting laundry hamper years later agent scott recalled noticing reddish brown stains suspected blood around next day two local law enforcement officers set federal bureau investigation washington house pants blood samples autopsy evidence packed together box arrived next morning july initial fbi testing revealed human blood pants house arrested ii state tennessee charged house capital murder house trial state presented testimony luttrell hensley adkins lora muncey carabia sheriff law enforcement officials tbi agents presnell scott jury learned house false statements central state case however fbi testing showed semen consistent seemed house present muncey nightgown panties small bloodstains consistent muncey blood house appeared jeans belonging house regarding semen fbi special agent paul bigbee serologist testified source secretor meaning someone secrete abo blood group substances body fluids semen saliva characteristic shared percent population including house agent bigbee testified source semen gown house blood type semen panties agent bigbee found substance secretors secrete along substances secretors secrete exclusively agent bigbee explained however using science amicus sharply disputes see brief innocence project amicus curiae house antigens degraded app agent bigbee thus concluded semen deposits come house though acknowledged antigen come muncey secretor something able determine muncey wife agent bigbee able determine secretor status agent bigbee acknowledged saliva sample sufficed determine whether muncey secretor state provide sample though provide samples muncey blood blood agent bigbee explained spots blood appeared left outside leg right bottom cuff left thigh right inside pocket lower pocket outside agent bigbee determined blood source type type shared house victim muncey also successfully tested enzyme phosphoglucomutase blood serum haptoglobin found humans carry slight chemical differences vary genetically grouped differentiate two individuals types different based chemical traces blood type agent bigbee determined percent population carry similar blood blood consistent muncey determined testing autopsy samples impossible blood came house different fbi expert special agent chester blythe testified fiber analysis performed muncey clothes house pants although agent blythe found blue jean fibers muncey nightgown brassier housecoat panties fingernail scrapings taken body scrapings also contained trace unidentifiable amounts blood acknowledged prosecutor put questioning witness blue jean material common material mean fibers victim clothing necessarily house pair blue jeans tr house pants though cotton garments transfer retain fibers readily agent blythe found neither hair fiber consistent victim hair clothing defense case house called hankins clinton turner well house mother testified house talked telephone around night murder used car evening house also called victim brother ricky green witness green testified july roughly two weeks murder muncey called said little hube said wanting leave little hube said wanting get scared green recalled christmastime seen muncey strike muncey returning home drunk turner informed jury house shoes found several months crime field near home turner delivered authorities though jury learn fact house counsel claims either state tested shoes blood found none house shirt found state closing argument suggested night murder muncey deceived told husband accident prosecutor emphasized fbi blood analysis noting running many many many tests agent bigbee able tell blood defendant blue jeans blood blood told blood blue jeans consistent every characteristic every respect deceased carolyn muncey percent white population blood type ca tell one hundred percent certain blood folks sure give pretty good pretty good indication state rebuttal defense counsel questioned house motive go kill woman barely knew ho still dressed still clad clothes prosecutor referred obliquely semen stains explaining legally make difference god heaven motive app prosecutor told jury may idea ibid evidence scene seemed suggest subjecting lady kind indignity get lady house late night night clothes trick husband wreck creek well either want tell indignities subjected unwilling fights subjected indignities words either keep telling done trying get something mother road want house conditions kill resistance evidence scene suggests motive addition government suggested black rag hensley said saw house hands fact missing blue tank top retrieved house crime scene prosecution reiterated importance blood efense counsel said start discussing fact client blood jeans night carolyn muncey killed start fact nothing defense introduced case explains blood jeans jeans scientifically completely different blood jury found house guilty murder first degree trial advanced sentencing phase aggravating factors support capital sentence state sought prove house previously convicted felony involving use threat violence homicide especially heinous atrocious cruel involved torture depravity mind murder committed house committing attempting commit fleeing commission rape kidnaping see code ann repealed compare presenting evidence house parole status aggravated sexual assault conviction state rested mitigation defense offered testimony house father mother well evidence presented house mother house attempted suicide verdict attempt house wrote mother letter professing innocence closing state urged jury find three aggravating factors impose death kidnaping rape factor prosecution suggested muncey decoy ed entic ed away family confin ed know beaten death tr also think prosecutor added proof shows strong evidence attempted sexual molestation victim accompany taking away murdering later prosecutor argued think proof shows record likely process convicted crime involving threat violence violence another person aggravated sexual assault defendant benefit type rehabilitation correction departments provide jury unanimously found three aggravating factors concluded mitigating circumstances sufficiently substantial outweigh statutory aggravating circumstance circumstances jury recommended death sentence trial judge imposed iii tennessee affirmed house conviction sentence describing evidence house circumstantial quite strong state house two months later state trial house filed pro se petition postconviction relief arguing received ineffective assistance counsel trial appointed counsel amended petition raise issues including challenge certain jury instructions hearing judge conducted trial house counsel offered proof beyond trial transcript trial dismissed petition deeming house trial counsel adequate overruling house objections appeal house attorney renewed argument unpublished opinion tennessee criminal appeals affirmed tennessee house tennessee denied review house filed second postconviction petition state reasserting claim seeking investigative expert assistance extensive litigation regarding whether house claims procedurally defaulted tennessee held house claims barred state statute providing claims raised prior postconviction proceedings presumptively waived code ann repealed courts may consider grounds relief finds excluded waived previously determined repealed see house state denied certiorari house tennessee house next sought federal habeas relief asserting numerous claims ineffective assistance counsel prosecutorial misconduct district eastern district tennessee though deeming house claims procedurally defaulted granting summary judgment state majority house claims held evidentiary hearing determine whether house fell within actual innocence exception procedural default recognized substantive offenses schlup death sentences sawyer whitley presenting evidence describe greater detail house attacked semen blood evidence used trial presented evidence including putative confession suggesting muncey house committed murder district nevertheless denied relief holding house neither demonstrated actual innocence murder schlup established ineligible death penalty sawyer appeals sixth circuit granted certificate appealability claims habeas petition merits divided panel affirmed opinion withdrawn case taken en banc divided en banc certified questions tennessee house bell concluding house made compelling showing actual innocence recognizing herrera collins assumed without deciding capital case truly persuasive demonstration innocence made trial render execution defendant unconstitutional warrant federal habeas relief state avenue open process claim majority certified questions state questions sought ascertain whether remains avenue open process claim case four dissenting judges argued reached merits rather certifying questions state judges asserted house obtain relief schlup let alone sawyer herrera boggs dissenting fifth dissenter explained agreed majority house presents strong claim habeas relief least sentencing phase case objected certification questions tennessee high opinion gilman denied certiorari bell house state urged tennessee answer appeals certified questions state case returned appeals sixth circuit time majority affirmed district denial habeas relief six dissenters argued house met actual innocence standard overcoming procedural default also entitled immediate release herrera merritt dissenting seventh dissenter judge wrote separately previous en banc decision described case murder mystery authentic wrong man may executed opinion gilman concluded grave uncertainty necessitated relief form new trial house granted certiorari reverse iv general rule claims forfeited state law may support federal habeas relief prisoner demonstrates cause default prejudice asserted error see murray carrier engle isaac wainwright sykes rule based comity respect must accorded judgments see engle supra wainwright supra bar however unqualified effort balance societal interests finality comity conservation scarce judicial resources individual interest justice arises extraordinary case schlup recognized appropriate cases said principles comity finality inform concepts cause prejudice yield imperative correcting fundamentally unjust incarceration carrier supra quoting engle supra schlup adopted specific rule implement general principle held prisoners asserting innocence gateway defaulted claims must establish light new evidence likely reasonable juror found petitioner guilty beyond reasonable doubt usual case presumed guilt prisoner convicted state counsels federal review defaulted claims yet petition supported convincing schlup gateway showing raise sufficient doubt petitioner guilt undermine confidence result trial without assurance trial untainted constitutional error hence review merits constitutional claims justified purposes case several features schlup standard bear emphasis first although credible gateway claim requires new reliable evidence whether exculpatory scientific evidence trustworthy eyewitness accounts critical physical evidence presented trial habeas analysis limited evidence dispute case house presented new reliable evidence state conceded much see infra addition district held evidentiary hearing case state challenge decision occasion elaborate schlup observation considering claim context request evidentiary hearing district need test new evidence standard appropriate deciding motion summary judgment rather may consider timing submission likely credibility affiants bear probable reliability evidence review case addresses merits schlup inquiry based fully developed record respect inquiry schlup makes plain habeas must consider evidence old new incriminating exculpatory without regard whether necessarily admitted rules admissibility govern trial see quoting friendly innocence irrelevant collateral attack criminal judgments chi rev based total record must make probabilistic determination reasonable properly instructed jurors function make independent factual determination likely occurred rather assess likely impact evidence reasonable jurors ibid second bears repeating schlup standard demanding permits review case quoting zant supra see also emphasizing vast majority cases claims actual innocence rarely successful time though schlup standard require absolute certainty petitioner guilt innocence petitioner burden gateway stage demonstrate likely light new evidence reasonable juror find guilty beyond reasonable doubt remove double negative likely reasonable juror reasonable doubt finally schlup decision explains gateway standard means equivalent standard jackson virginia governs claims insufficient evidence confronted challenge based trial evidence courts presume jury resolved evidentiary disputes reasonably long sufficient evidence supports verdict schlup claim involves evidence trial jury inquiry requires federal assess reasonable jurors react overall newly supplemented record see ibid new evidence requires may include consideration credibility witnesses presented trial ibid see also ibid noting case habeas may make credibility assessments initial matter state argues antiterrorism effective death penalty act aedpa stat replaced schlup standard stricter test based sawyer permits consideration successive abusive defaulted claims petitioner show clear convincing evidence constitutional error reasonable juror found petitioner eligible death penalty applicable state law ismissal first federal habeas petition particularly serious matter state also argues district findings case tie hands precluding ruling house favor absent showing clear error district specific determinations view overstates effect district ruling deference given trial assessment evidence presented first instance yet schlup inquiry repeat requires holistic judgment evidence quoting friendly supra likely effect reasonable jurors applying standard general rule inquiry turn discrete findings regarding disputed points fact district independent judgment whether reasonable doubt exists standard addresses although district attentively managed complex proceedings carefully reviewed extensive record drew certain conclusions evidence clearly apply schlup predictive standard regarding whether reasonable jurors reasonable doubt shall explain moreover uncertain basis district conclusions consideration weakens reliance determinations background mind turn evidence developed house federal habeas proceedings dna evidence first direct contradiction evidence presented trial dna testing established semen muncey nightgown panties came husband muncey house state though conceding point insists new evidence immaterial guilt phase least neither sexual contact motive elements offense state view evidence lack evidence sexual assault sexual advance consequence disagree fact consider new disclosure central importance beginning end case committed crime identity question motive key point indeed lost prosecution introduced evidence relied final closing argument referring evidence scene prosecutor suggested house committed attempted commit indignity muncey neither mother road want mr house tr particularly case like proof state observed circumstantial state house think jury given evidence great weight quite apart providing proof motive forensic evidence scene link house murder law society demand accountability sexual offense committed evidence link house crime likely factor persuading jury let go free sentencing moreover jury came unanimous conclusion beyond reasonable doubt murder committed course rape kidnaping alleged sexual motivation relates determinations particularly given sentencing phase jury advised house previous conviction sexual assault jury informed fluids muncey garments come house might found house trekked nearly two miles victim home lured away order commit sexual offense contrast jury acting without assumption semen come house found necessary establish different motive motive intent far speculative direct evidence sexual assault drops case central theme state narrative linking house crime light furthermore house odd evening walk false statements authorities still potentially incriminating might appear less suspicious bloodstains relevant forensic evidence blood house pants appears small even minute stains scattered places prosecutor told jury stains due small size might detect ight see fbi lab able find house jeans app stains appear inside right pocket outside pocket near inside button left thigh outside leg seat pants right bottom cuff including inside pants due testing fbi cuttings appear pants several places stains evidently found cuttings destroyed testing process defense experts unable replicate tests trial government argued nothing defense introduced case explains blood jeans house jeans scientifically completely different blood house though disputing point blood muncey presents alternative explanation credited undermine probative value blood evidence house habeas proceedings cleland blake assistant chief medical examiner state tennessee consultant forensic pathology tbi years testified blood house pants chemically degraded similar blood collected autopsy come muncey body night crime blood samples collected autopsy placed test tubes without preservative conditions according blake enzyme degradation different blood group degradation blood marker degradation record doc hereinafter problem decay moreover compounded body long exposure elements sitting outside better part summer day contrast blood preserved cloth stay years ibid indeed blake said deliberately places blood drops gauze autopsies preserve later testing blood house pants judging agent bigbee tests showed similar deterioration breakdown certain named numbered enzymes autopsy samples victim blood spilled jeans victim alive blood dried blake stated deterioration occurred expect blood jeans different tube blake thus concluded blood jeans came autopsy samples muncey live recently killed body evidence confirms blood fact spill vials appears vials passed carabia performed autopsy hands two local law enforcement officers transported fbi agent bigbee performed enzyme tests blood contained four vials evidently neither preservative proper seal vials turn stored styrofoam box nothing indicates box kept cool rather evidence protocol expert habeas hearing described violation proper procedure styrofoam box packed cardboard box evidence including house pants apparently paper bag clothing separate bags cardboard box carried officers car made journey tennessee fbi lab blake stated blood vials hot conditions car trunk summer blow open fact time blood reached fbi hemolyzed spoiled due heat exposure time blood passed fbi defense expert roughly vial half empty though agent bigbee testified used quarter one vial blood moreover seeped onto one corner styrofoam box onto packing gauze inside box vials addition although pants apparently packaged initially paper bag fbi records suggest arrived fbi one record contain paper bag contain plastic bag label listing pants agent scott name plastic bag blood blood appears forked streak roughly five inches long two inches wide running bag outside front though testing house expert confirmed stain blood expert determine blood source speculations blood got add confusion regarding origins stains house pants faced indications best poor evidence control state attempted establish habeas hearing blood spillage occurred agent bigbee examined pants case course blood detected pants spill tend undermine blake analysis support using bloodstains infer house guilt support theory state put testimony blood spatter expert believed majority stains transfer stains stains resulting wip ing across surface pants rather seeping spillage app regarding spillage styrofoam box expert noted yellow tennessee crime laboratory tape running around box four sides line bloodstains box corner aligned inference fbi received box tennessee authorities opened resealed spillage occurred reinforcing theory agent bigbee testified observed blood spillage styrofoam box detected signs evidence contamination fbi policy required immediate return evidence response house argued even assuming tape alignment showed spillage occurring fbi testing spillage one earlier occasions likely fact even state spatter expert declined suggest blood box packing gauze accounted full vial quarter missing defense expert opened box discovered spills bulk gauze located around underneath vial also located near stained corner gauze immediately surrounding completely empty vial stained tape moreover circled box two layers one underneath one spot underlying layer stops cleanly lid edge cut razor continue onto body box house view clean cut suggests double layers resulted simply wrapping tape around twice spatter expert claimed rather someone possessing tennessee crime lab tape perhaps officers transporting blood pants must cut box open resealed possibly creating opportunity spillage supporting inference label box lid lists blood vaginal secretions box contents though agent bigbee records show vaginal fluids arrived fbi separate envelope finally revealed agent bigbee practice always match letter fbi policy although muncey bra housecoat packed together single bag creating according agent bigbee risk cross contamination return note discrepancy lood aginal secretions label styrofoam box actual contents though insisted customary practice match labels contents immediately upon opening evidence box state challenged blake scientific conclusions called agent bigbee witness agent bigbee defended testimony given trial begin suggested blake misconstrued term inc agent bigbee trial report interpreting mean incomplete fact meant inconclusive blake however replied ame difference asked whether opinion change inc meant inconclusive see also tr bigbee trial testimony notice inc written transparent symbol use mean test incomplete agent bigbee asserted whereas blake bigbee view construed results mean enzyme present fact results indicated bigbee identify marker type whatever enzymes present app yet state blake point district resolve dispute one way record seems possible blake meant suggest blood degraded permit conclusive typing state moreover ask us question blake basic premise durability blood chemicals deposited cotton premise agent bigbee appeared accept general matter given record stands say blake conclusions discredited objections might adduced must await proceedings least record us contains credible testimony suggesting missing enzyme markers generally better preserved cloth poorly kept test tubes principle support house spillage theory blood origin attack house showing state suggests given spatter expert testimony house theory require jury surmise tennessee officials donned pants deliberately spread blood disagree matter trier fact consider first instance note line argument refute state position correct state spatter expert opined stains resulted wiping smearing rather direct spillage stated distribution stains spots suggests pants folded manner creased manner transfers occurred expert described pattern least respect stains lap pants consistent pants worn time staining testimony understand refute hypothesis packaging pants transport caused folded creased seems permissible moreover conclude small size wide distribution stains inside right pocket outside pocket near inside button left thigh outside leg seat pants right bottom cuff including inside pants fits well spillage transport wiping smearing bloody objects crime scene state proposes noted blood found house shoes district discounted blake opinion account blake substantive approach based testimony agent scott indicating saw district put appeared bloodstains house blue jeans jeans removed laundry hamper turner trailer inference seems least open question however agent scott stated saw reddish brownish stains suspected blood admitted thoroughly examine blue jeans time pants fact extensively soiled mud reddish stains small portions blood sum considering evidence schlup quoting friendly chi issue think evidentiary disarray surrounding blood taken together blake testimony limited rebuttal present record prevent reasonable jurors placing significant reliance blood evidence know though trial jury assistant chief medical examiner believes blood house jeans must come autopsy samples vial quarter autopsy blood unaccounted blood transported fbi together pants conditions caused vials spill blood indeed spill least journey tennessee authorities fbi hands defense expert pants stored plastic bag bearing large blood stain label tbi agent scott name styrofoam box containing blood samples may well opened arrived fbi lab thus whereas bloodstains emphasized prosecution seemed strong evidence house guilt trial record raises substantial questions blood origin different suspect house challenge state case limited questions raised blood semen evidence favoring prosecution might well suffice bar relief however proceedings house presented troubling evidence muncey victim husband murderer trial noted jury heard roughly two weeks murder muncey brother received frightened phone call sister indicating muncey fighting scared wanted leave jury also learned brother saw muncey smac victim tr house produced evidence multiple sources suggesting muncey regularly abused wife example one witness kathy parker lifelong area resident denied animosity towards muncey recalled muncey constantly black eyes busted mouth app addition hazel miller kathy parker mother lifelong acquaintance muncey testified habeas hearing two three months victim death muncey came miller home tried get daughter parker go parker dated muncey age according miller muncey said upset wife argument said going get rid woman one way app another witness mary atkins also area native grew muncey professed hard feelings claims saw muncey backhan muncey night murder app atkins recalled break recreation center dance saw muncey wife arguing parking lot muncey grabbed backhanded muncey left walking also testimony atkins mother named artie lawson good friend muncey lawson said muncey visited morning murder body found according lawson muncey asked tell anyone inquired dance evening seen also breakfasted home morning lawson fact dance muncey early importance testimony kathy parker sister penny letner testified habeas hearing around time house trial muncey confessed crime parker recalled family members friends sitting around drinking parker trailer muncey walked sit muncey evidently drinking heavily began rambling alking happened wife happened mean ibid according parker muncey said argument slapped fell hit head killed mean happen parker said freaked run ibid letner similarly recalled point either house trial muncey intruded gathering parker home appearing pretty well blistered muncey went crying talking wife death saying mean app id mean letner asked point muncey explained take fishing night went dance instead said come home still pretty heavily smacked fell hit head said mean get rid want charged murder app letner years old small child said muncey statement scared quite badly got immediately asked whether reported incident authorities letner stated frightened know figured year old listen anything say parker hand claimed parker fact went sherriff department one listen tried speak sheriff real busy sent deputy deputy told go upstairs courtroom talk guy ca remember name never really get talk anybody app parker said discuss matter hey signed sealed delivered know anything heard reopened house trial parker mother hazel miller confirmed driven parker courthouse parker went talk people case app testimony suggests muncey opportunity commit crime according dennis wallace local law enforcement official provided security dance night murder muncey left dance around although muncey told law enforcement officials murder left dance briefly returned wallace recall seeing back later evening wallace responded muncey report wife missing muncey denied wife fussing fighting claimed wife kidnapped wallace recall seeing blood disarray furniture although admitted pay much attention whether floor appeared especially clean according wallace muncey said let search led wallace search weeds around home driveway road body found habeas proceedings two different witnesses parker letner described confession muncey two atkins lawson described suspicious behavior fight attempt construct false alibi around time crime still witnesses described history abuse parker letner district noted impressed allegations individuals wait ten years come forward evidence especially considering physical evidence munceys kitchen corroborate muncey alleged confession killed wife app parker letner however attempt explain delay coming forward record indicates reason two women lifelong acquaintances muncey wanted either frame help house furthermore record includes least independent support statements parker letner attributed muncey supposed explanation fatal fight wife complaining going fishing fits muncey statement luttrell earlier evening husband absence right going make take fishing next day blake testified partial contradiction carabia muncey head injury resulted surface edge hard surface corner fist carabia said either fist object cause muncey testified habeas hearing district question credibility though muncey said seemed remember visiting lawson day murder denied either killing wife confessing yet muncey also claimed contrary constable wallace testimony prior statement left dance night crime ended midnight muncey moreover denied ever hitting muncey state impeach prior statement point bears emphasis finally parker letner testimony comparable sort affidavit vouching defendant incriminating conveniently absent suspect justice described concurring opinion herrera unfortunate uncommon capital cases confession parker letner described induced pressure interrogation confession evidence involves alleged spontaneous statement recounted two eyewitnesses evident motive lie reason probative value example incriminating testimony inmates suspects friends relations accused evidence pointing muncey means conclusive considered isolation reasonable jury might well disregard combination however challenges blood evidence lack motive respect house evidence pointing muncey likely reinforce doubts house guilt evidence certain details presented habeas hearing first blake addition testifying blood evidence victim head injury examined photographs house bruises scratches concluded based years experience monitoring development healing bruises old resulted crime addition blake claimed injury house right knuckle indicative etting mashed consistent striking someone course also eliminate explanation injury came blow house supposedly told turner gave unidentified assailant victim daughter lora muncey lora tharp also testified habeas hearing repeated recollection hearing man deep voice like grandfather statement father wreck creek also denied seeing signs struggle hearing fight parents though also said recall parents ever fighting physically district found credible testimony certainly cuts favor state finally house testified habeas proceedings essentially repeated story allegedly told turner getting attacked road district found however based house demeanor credible witness app conclusion case conclusive exoneration aspects state evidence lora muncey memory deep voice house bizarre evening walk lie law enforcement appearance near body blood pants still support inference guilt yet central forensic proof connecting house crime blood semen called question house put forward substantial evidence pointing different suspect accordingly although issue close conclude rare case jury heard conflicting testimony likely reasonable juror viewing record whole lack reasonable doubt addition gateway claim schlup house argues shown freestanding innocence result imprisonment planned execution unconstitutional herrera decided three years schlup assumed without deciding capital case truly persuasive demonstration innocence made trial render execution defendant unconstitutional warrant federal habeas relief state avenue open process claim see also concurring disagree fundamental legal principle executing innocent inconsistent constitution threshold showing assumed right necessarily extraordinarily high explained petitioner evidence fell far short made order trigger sort constitutional claim assumed arguendo exist see also concurring noting etitioner failed make persuasive showing actual innocence reason pass appropriately reserves question whether federal courts may entertain convincing claims actual innocence house urges answer question left open herrera hold freestanding innocence claims possible also established one decline resolve issue conclude much herrera whatever burden hypothetical freestanding innocence claim require petitioner satisfied sure house cast considerable doubt guilt doubt sufficient satisfy schlup gateway standard obtaining federal review despite state procedural default herrera however described threshold hypothetical freestanding innocence claim extraordinarily high sequence decisions herrera schlup first leaving unresolved status freestanding claims establishing gateway standard implies least herrera requires convincing proof innocence schlup follows given closeness schlup question house showing falls short threshold implied herrera house satisfied gateway standard set forth schlup may proceed remand procedurally defaulted constitutional claims judgment appeals reversed case remanded proceedings consistent opinion ordered justice alito took part consideration decision case paul gregory house petitioner ricky bell warden writ certiorari appeals sixth circuit june chief justice roberts justice scalia justice thomas join concurring judgment part dissenting part overcome procedural hurdle paul house created failing properly present constitutional claims tennessee must demonstrate constitutional violations alleges ha probably resulted conviction one actually innocent federal refusal hear defaulted claims miscarriage justice schlup delo internal quotation marks omitted make requisite showing actual innocence house must produce new reliable evidence must show likely reasonable juror convicted light new evidence emphasis added question whether house prejudiced trial jurors aware new evidence whether evidence considered together proves house actually innocent reasonable juror vote convict considering evidence giving due regard district findings whether house new evidence reliable find probable reasonable juror vote convict accordingly dissent think house satisfied actual innocence standard set forth schlup believe met higher threshold freestanding innocence claim assuming claim exists see herrera collins therefore concur judgment respect disposition separate claim schlup stated habeas petitioner attempting present defaulted claim federal must present new reliable evidence whether exculpatory scientific evidence trustworthy eyewitness accounts critical physical evidence presented trial emphasis added implicit requirement habeas petitioner present reliable evidence expectation factfinder assess reliability new evidence issue schlup subjected assessment claim schlup evidentiary hearing specifically recognized new statements may course unreliable stated district reviewing tribunal tasked assessing probative force petitioner new evidence innocence may make credibility assessments indeed took unusual step remanding case appeals instructions remand district district consider likely credibility affiants bears upon probable reliability new evidence short new evidence simply taken face value reliability tested critical conclusion house sufficiently demonstrated innocence three pieces new evidence presented district dna evidence showing semen carolyn muncey clothing husband hubert muncey house testimony new witnesses implicating muncey murder evidence indicating muncey blood spilled test tubes containing autopsy samples evidence container determine whether open door house defaulted constitutional claims district considered evidence comprehensive evidentiary hearing house presented new evidence state rebutted district observed witnesses demeanor examined physical evidence made findings whether house new evidence fact reliable factfinding role familiar district trial judge major role determination fact experience fulfilling role comes expertise anderson bessemer city state contest house new dna evidence excluding source semen muncey clothing strongly contested new testimony implicating muncey insisted blood spillage occurred fbi tested house jeans determined stained muncey blood evidentiary hearing sisters kathy parker penny letner testified years earlier either around time house trial heard muncey drunkenly confess accidentally killed wife struck home argument causing fall hit head record doc pp schlup provided guidance district assess type new evidence may consider timing submission likely credibility affiants bear probable reliability evidence must assess probative force newly presented evidence connection evidence guilt adduced trial consistent guidance district concluded sisters testimony credible noted impressed allegations individuals wait ten years come forward app also considered new testimony fit within larger web evidence observing muncey alleged confession contradicted testimony munceys credible daughter lora tharp consistently testified hear fight house night instead heard man deep voice lured mother house saying muncey wreck near creek district engaged similar reliability inquiry regard house new evidence blood spillage evidentiary hearing house conceded fbi testing showed jeans stained muncey blood set prove blood spilled test tubes containing autopsy samples jeans tested fbi district summarized testimony various witnesses handled evidence recollections bloodstains spillage acknowledged house expert cleland blake disagreed fbi agent paul bigbee interpret results agent bigbee genetic marker analysis summary summarized testimony state blood spatter expert paulette sutton reviewing evidence district stated based upon evidence introduced evidentiary hearing concludes spillage occurred fbi crime laboratory received tested evidence emphasis added normally appellate reviews district factual findings clear error see fed rule civ proc findings fact whether based oral documentary evidence shall set aside unless clearly erroneous due regard shall given opportunity trial judge credibility witnesses bessemer city supra clearly erroneous standard applies even district findings rest credibility determinations based instead physical documentary evidence inferences facts sixth circuit deferred district factual findings schlup purport alter instead reaffirmed highlighted district critical role factfinder yet majority asserts clear error standard overstates effect district ruling dismisses district reliability findings uncertain stopping short identifying clear error ante sharp departure guidance schlup schlup contrasted district role assessing reliability new evidence innocence district role deciding summary judgment motion majority surprisingly guidance inapplicable case involves fully developed record district schlup declined conduct evidentiary hearing ante guidance clearly applicable point schlup simply hearing required district assess probative force petitioner newly presented evidence engaging factfinding rather performing summary inquiry precisely district addition fully developed record district factual findings reliability new evidence record factual findings majority disregards without finding clear error majority essentially disregards district role assessing reliability house new evidence regard sisters testimony majority casts aside district determination statements came late inconsistent credible record evidence reliable instead observing women obvious reason lie aspects testimony record support recounted uncoerced confession ante district express finding autopsy blood spilled fbi tested house jeans majority points blake testimony blood enzymes generally better preserved cloth even conjures theory attempt refute sutton expert testimony pattern bloodstains consistent blood transferred pants worn ante matter trier fact consider first instance note line argument refute state position sutton testimony refute hypothesis packaging pants transport caused folded creased see app majority assessment house new evidence precisely summary inquiry schlup said inappropriate casting aside district factual determinations made comprehensive evidentiary hearing majority done little reiterate factual disputes presented witnesses testify courtroom role make credibility findings construct theories possible ways muncey blood spattered wiped house jeans district painstakingly conduct evidentiary hearing compile record us sort transcript transcript photograph photograph assessing reliability see schlup made abundantly clear reliability determinations essential district make defer better situated district reliability unless determine findings clearly erroneous concerned district independent judgment whether reasonable doubt exists district made basic factual findings reliability house new evidence offer personal opinion whether doubted house guilt schlup makes clear findings controlling unless clearly erroneous found clear error district reliability findings observed parker letner testify defer district determination credible evidence record undermining tale accidental killing fight muncey home convinces credibility finding clearly erroneous alex carabia performed autopsy testified injuries far severe bump head muncey bruises front back neck thighs lower right leg left knee hands bloodstained wrists injuries consistent struggle traumatic strangulation record addendum tr evidence crim union county hereinafter tr course lora tharp consistently recalled visitor arriving late night tell muncey husband wreck near creek app also find abundant evidence record support district finding blood spilled within evidence container fbi received tested house jeans agent bigbee testified leakage items submitted testing majority entire analysis point assumes agent flatly lied though attack credibility moreover sutton determined expert opinion wide distribution stains front back top bottom fact bloodstains mixed mud presence bloodstains inside pocket inside fly showed blood spattered wiped spilled house jeans tube blood spilled pants stain localized area stains also either originate inside soak outside soaking inside course see spill also worth noting blood evidently spilled inside evidence container jeans protected inside plastic zip lock bag shown presence bloodstain outside bag see record plt exh house expert tested exterior interior plastic bag bloodstains using extremely sensitive test exterior bag tested positive blood doc evidence record indicates jeans placed plastic bag arrived fbi fbi records show jeans arrived paper bag plastic bag fbi markings addendum trial exh plt exh bloodstain outside plastic bag therefore supports district conclusion blood spilled evidence received tested fbi en route jeans paper bag suppose theoretically possible jeans contaminated spillage arriving fbi agent bigbee either failed note lied spillage fbi transferred jeans plastic bag put back inside evidence container spilled blood still sloshing around sufficiently contaminate outside plastic bag extensively sort unbridled speculation theoretically defeat inconvenient fact suffice convince district factual finding blood spilled fbi testing clearly erroneous moreover yellow tennessee crime lab tape placed around container four sides line bloodstained corners container lid aligned showing blood spill sometime container received opened first destination fbi see respondent exh doc pp testimony paulette sutton majority points one side container first two layers tape appears begin cleanly lid edge concludes container must cut open resealed tennessee authorities en route fbi ante see record respondent exh even majority deduction photograph container true show tennessee authorities reason open container sealed take something put something perhaps back crime lab union county even container opened arrival fbi majority recognizes resealed tennessee crime lab tape second layer tape aligns bloodstains container lid ante course district concluded blood spilled testing fbi laboratory box tape witnesses testified point like simply photograph see bessemer city district findings physical evidence reviewed clear error house theory blood jeans transferred autopsy samples based blake reading agent bigbee enzyme marker analysis summary reading summary blake concluded enzymes bloodstains house jeans enzymes autopsy samples deteriorated extent record doc particular noted enzyme showed incomplete penetration autopsy blood jeans enzymes better preserved cloth enzyme present jeans agent bigbee disputed blake reading agent bigbee study testified chart meant inconclusive incomplete penetration term inconclusive meant enzyme present grouped abo bloodtype doc pointing summary showed different levels enzymes two samples agent bigbee also noted many different factors heat dirt bacteria clothes hamper cause enzymes degrade cloth considering house new blood spillage evidence fits within record whole see clear error district express finding blood spilled evidence container fbi found muncey blood house jeans district attentively presided complex evidentiary hearing often questioning witnesses extensively presentation critical evidence see doc concisely summarized evidence presented dutifully made findings reliability testimony heard evidence observed poorly equipped district reliability findings defer consistent guidance provided schlup ii due regard district reliability findings case invites straightforward application legal standard adopted schlup petitioner pass schlup gateway likely juror acting reasonably found petitioner guilty beyond reasonable doubt concurring emphasis added majority house presented one three key pieces evidence even two three pass schlup gateway see ante house challenge state case limited questions raised blood semen evidence favoring prosecution might well suffice bar relief ante considered isolation reasonable jury might well disregard evidence pointing muncey combination however challenges blood evidence lack motive respect house evidence pointing muncey likely reinforce doubts house guilt according majority house picked trifecta evidence places conviction outside realm choices juror acting reasonably make case house remains substantially unaltered case presented jury disagree trial state presented story happened night muncey murder munceys daughter heard perpetrator arrive muncey home late night tell muncey husband wreck near creek app tharp relayed testimony evidentiary hearing district determined credible witness police questioned house witnesses reported seeing emerge embankment near muncey body shortly discovered told two different officers never left donna turner trailer previous evening even recounting series television programs watched going bed tr worked concoct alibi know lie day muncey body found bill breeding criminal investigator union county sheriff office observed house local jail noticed abrasions across knuckles hands two three bruises right arm scratches chest right ring finger red swollen interviewing officers noticed similar injuries app tr house told finger swollen fell porch scratches bruises tearing building cat ibid turner initially confirmed house alibi changed story police warned covering homicide serious offense turner told police house fact left house night came back time later panting sweating shirtless shoeless various injuries app tr also day body found sheriff earl loy asked house wearing clothes wore night house hesitated stated changed shirt jeans ibid words specifically tried conceal police worn jeans night reasons become clear turner revealed house statement changed jeans lie police retrieved house dirty jeans turner hamper ibid course fbi testing revealed house jeans stained muncey blood district determined house new evidence blood spillage undermine test results app fact muncey blood got house jeans later evidentiary spillage house reason lie try keep existence concealed jeans police turner testimony trial jury also heard house story happened night left turner trailer late night go walk returned time later panting sweating missing shirt shoes told men truck tried kill turner asked house injuries attributed fighting assailants tr house retold story district saying initially lied police parole want draw attention record doc words nothing hide facing murder charge house lied caught lie said lied escape murder charge solely avoid unexplained difficulties parole officer jury rejected house story night events district considered house demeanor found credible witness app jury also heard house attempt implicate muncey wife murder calling muncey brother ricky green witness green testified two weeks murder sister called say muncey fighting wanted leave scared tr green also testified munceys marital problems previously seen muncey hit wife jury rejected house attempt implicate muncey district persuaded house attempt supplement evidence evidentiary hearing finding new witnesses credible app noticeably absent state story happened muncey night death much mention semen found muncey clothing house single victory evidentiary hearing new dna evidence proving semen deposited muncey majority identifies semen evidence entral state case house ante house jury probably quite surprised characterization trial agent bigbee testified semen stains muncey clothing determine man deposited semen type blood secretor app agent bigbee also testified house muncey type blood house secretor eighty percent chance muncey secretor tr emphasis added moreover agent bigbee informed jury percent people type blood percent people secretors semen muncey clothing deposited roughly one every three males jury also informed several times defense muncey body found fully clothed see majority describes house sexual motive central theme state narrative linking house crime without semen evidence jury found necessary establish different motive motive intent far speculative ante state however consistently directed jury attention away motive sexual motive far central theme state case presumably highly ambiguous nature semen evidence recounted tennessee mention evidence cataloging articularly incriminating amaging evidence house app state mention semen evidence opening statement jury instead focusing premeditation tr defense used opening statement expose lack motive weakness state case state equivocal presentation semen evidence agent bigbee testimony trial state made reference semen evidence motive closing argument prompting defense highlight omission hy carolyn muncey killed know important motive minds motive paul gregory house go kill woman barely knew still dressed still clad clothes rebuttal state disclaimed responsibility prove motive shifting jury focus premeditation law says take another person life beat strangle succeed kill giving multiple blows head one massive blow head causes brains crash side skull caused severe bleeding inside skull die make difference god heaven motive law law motive shown considered jury evidence guilt law prove killing done beyond reasonable doubt person premeditated planned necessary jury conclude app explanation trial almost response defense consistent prodding state made first reference possible motive followed immediately another disclaimer may idea evidence scene seemed suggest subjecting lady kind indignity get lady house late night night clothes trick husband wreck creek choke repeatedly beat scrapes body well either want tell indignities subjected unwilling fights subjected indignities evidence scene suggests motive motive element crime something consider ignore whatever prefer issue motive issue premeditation obliqu reference semen evidence state closing argument majority bases assertion house sexual motive central theme state narrative ante although possible one even jurors might entertained doubt house guilt absent clearest evidence motive find likely every juror done legal standard schlup majority aphoristically hen identity question motive key ante sometimes identity question alibi key house came one fell apart later admitted fabricated girlfriend lie protect scratches cat indeed surely reasonable juror give fact alibi made discredited significant weight people facing murder charge innocent make story concern truth might somehow disturb parole officer people lie police jeans wearing night murder reason believe jeans stained blood shed victim last desperate struggle live schlup made clear standard adopted requires stronger showing needed establish prejudice house must present compelling evidence innocence becomes likely single juror acting reasonably vote convict schlup supra majority conclusion given sisters testimony believed blake rebutted testimony interpret agent bigbee enzyme marker analysis summary accepted combined revelation semen muncey clothing deposited husband jurors knew likely semen deposited house reasonable juror vote convict house ante given district reliability findings first two pieces evidence evidence us substantially different considered house jury therefore find likely light new evidence least one juror acting reasonably vote convict house evidence whole certainly establish house actually innocent crime murdering carolyn muncey accordingly dissent