Ex Parte Curtis Fournier, Applicant ex Parte Christopher Dowden, Applicant

Summary

The Court held that the applicants are not entitled to actual innocence relief because they offered no newly discovered evidence of factual innocence, but granted habeas relief by setting aside their convictions under the unconstitutional‑overbreadth ruling in Ex parte Lo and remanding for dismissal of the indictments. Justice Yeary dissented on the retroactive application of Lo, while Justice Alcala concurred with a different analytical approach.