Kuhlmann v. Wilson

1 Analyses of this case by attorneys

  1. Capital Defense Weekly, December 23, 2002

    Capital Defense NewsletterDecember 23, 2002

    The case cited for this proposition in Schlup discussed finality in relation to claims of error at trial, not actual innocence claims, which the Court explicitly permits in Schlup. See Kuhlman v. Wilson, 477 U.S. 436, 452 (1986). And though an applicant concedes his guilt by pleading guilty, when new evidence unquestionably established innocence, a conclusion that the applicant was guilty of the offense is anything but plain.The State claims that allowing this applicant to obtain relief would allow any applicant to seek relief if he can show actual innocence and an excuse for the guilty plea.