Michael Lawrence Cassidy v. Ricky D. Dixon, Secretary, Florida Department of Corrections
DueProcess HabeasCorpus
If a habeas petitioner seeks to expand a previously granted COA on a petition that was denied for procedural reasons, is it necessary for him to make another, separate showing of the denial of a constitutional right?
2. For a habeas petitioner raising actual innocence under McQuiggin v. Perkins, to by-pass the AEDPA's 1 year statute of limitations, does the "new evidence" rule articulated in Schulp v. Delo, require the evidence to be newly discovered after trial, or can the petitioner rely upon evidence known about at the time of trial, but was not presented to the jury due to the ineffective assistance of counsel?
If a habeas petitioner seeks to expand a previously granted COA on a petition that was denied for procedural reasons, is it necessary for him to make another, separate showing of the denial of a constitutional right?