Media for House v. BellAudio Transcription for Oral Argument - January 11, 2006 in House v. Bell
Audio Transcription for Opinion Announcement - June 12, 2006 in House v. Bell
Anthony M. Kennedy:
This is not a case of conclusive exoneration; yet, the central forensic proof connecting House to the crime has been called in question, and House has put forward substantial evidence pointing to a different suspect.
Accordingly, we conclude, although the issue again is close, that this is the rare case where, had the jury heard all of the conflicting evidence, it is more likely than not that no reasonable juror viewing the record as a whole would lack reasonable doubt.
At the same time, we reject House's claim that he has established a freestanding innocence claim under our opinion in Herrera versus Collins, decided in 1993.
In sum, House has satisfied the gateway standard set forth in the Schlup decision.
He may proceed on remand with the procedurally defaulted constitutional claims.
The judgment of the Court of Appeals is reversed, and the case is remanded.
The opinion for the Court is joined by Justices Stevens, Souter, Ginsburg and Breyer; the Chief Justice has written an opinion concurring in the judgment in part and dissenting in part, in which Justices Scalia and Thomas join; Justice Alito took no part in the consideration or decision of the case.