Daniel Larsen v. John Soto

Warden John Soto appeals the denial of his motion to dismiss Daniel Larsen’s petition for a writ of habeas corpus. The district court held that Larsen’s claims could be considered on the merits despite the facial untimeliness of his petition, on the ground that Larsen presented compelling evidence that he is actually innocent. Notwithstanding the one-year limitations period imposed on the filing of federal habeas petitions by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), see 28 U.S.C. § 2244 (d), a habeas petitioner who convincingly demonstrates that he is innocent is entitled to present his claims for relief in federal court. McQuiggin v. Perkins, — U.S. -, 133 S.Ct. 1924, 1928 , 185 L.Ed.2d 1019 (2013). We conclude that Larsen has made the requisite showing of innocence, and we affirm.

I.

A.

On the night of June 6, 1998, Los Ange-les police responded to a report of an assault with a deadly weapon with shots fired at the Gold Apple bar in Los Ange-les’s San Fernando Valley. The suspect was identified as a man wearing a green flannel shirt and his hair in a ponytail. LAPD Officers Michael Rex and Thomas Townsend responded to the scene. According…