Ex Parte Joe Rene Elizondo, Applicant

Summary

The Court held that a claim of actual innocence in a non‑capital case is cognizable in a post‑conviction habeas proceeding and that the petitioner must prove by clear and convincing evidence that no reasonable juror would have convicted him in light of the newly discovered evidence. Applying that standard, the Court found the recanted testimony credible and granted relief, ordering the applicant’s return to county custody. Justice WHITE dissented, arguing that the burden should remain the higher standard set in Holmes, while Judge BAIRD concurred, endorsing the majority’s adoption of the Schlup standard.